Letter Administration Form PDF Details

When dealing with the estate of a deceased individual who did not leave a will, a Letter of Administration form becomes a crucial document. This form serves as a formal request to a probate court for the appointment of an administrator to oversee the decedent's estate, including both real and personal property. Firstly introduced under Georgia's statutory framework, specifically O.C.G.A. §53-6-20 et seq., the form provides a structured petition that accommodates various circumstances, including successor administrators pursuant to O.C.G.A. §53-6-21(b). The consent of all heirs is typically required alongside judicial discretion in waiving bonds or granting additional powers as per O.C.G.A. §53-12-232, highlighted in the stipulations around bond waiver and the grant of certain administrative powers. For heirs who are minors, unknown, unborn, or otherwise incapable of legal action (not sui juris), a guardian or legal representative must provide consent, underscoring the form's inclusivity in representing all parties affected by the estate's administration. The attached form, spanning seven pages, delves into the specifics of the deceased individual's estate, the necessity of administration, the proposed or selected administrator, and detailed information regarding the heirs. Additionally, it addresses potential omissions, the need (or lack thereof) for public notice of the petition based on the estate's unique circumstances, and a declaration of no competing proceedings in other probate courts. Through this comprehensive approach, the form endeavors to ensure a transparent, fair, and legally sound process for estate administration, reflecting the probate court's commitment to orderly estate management.

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Form Name Letter Administration Form
Form Length 9 pages
Fillable? No
Fillable fields 0
Avg. time to fill out 2 min 15 sec
Other names sample of letter of administration, letter of administration format pdf, petition for estate administration form, sample letter of administration

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RE: PETITION FOR LETTERS OF ADMINISTRATION

INSTRUCTIONS

I.Specific Instructions

1.This form is to be used for a petition for letters of administration pursuant to O.C.G.A. §53-6-20, et seq.

2.Use of this form is permissible, but not mandatory, in connection with a petition for appointment of a successor administrator, pursuant to O.C.G.A. §53-6-21(b). Appropriate interlineations must be made, and additional information must be given concerning the identity of the previous administrator, the reason for the vacancy in the office, and the date the office became vacant.

3.With respect to the conditions under which the judge may, pursuant to O.C.G.A. §53-7- 1(b), waive bond and/or grant certain powers contained in O.C.G.A. §53-12-232, please note:

(a)All of the heirs must consent, and

(b)Notice must be published.

4.O.C.G.A. §53-11-2 provides that a party to a probate court proceeding concerning a decedent’s

estate who is unborn or unknown or is not sui juris must be represented by a guardian, provided that the court may appoint a guardian ad litem or determine that the natural guardian, guardian of the person or property, or testamentary guardian has no conflict and may serve. (See GPCSF 16). For purposes of the consent described in paragraph 3 above, with respect to any heir who is not sui juris, such consent may be given by such guardian. The personal representative of a deceased heir is authorized to consent on behalf of that heir.

5. The attached form consists of 7 pages.

II.General Instructions

General instructions applicable to all Georgia probate court standard forms are available in each

probate court.

Effective 7/98

GPCSF 3

GEORGIA PROBATE COURT

STANDARD FORM

 

 

PETITION FOR LETTERS OF ADMINISTRATION

GEORGIA,

 

 

COUNTY

To the Honorable

Judge of the Probate Court:

The petition of___________________________________________________ whose domicile is

_________________________________________________________________, and whose mailing address is

_______________________________________________________________________, shows to the Court that:

1.

_________________________________________________________________________, whose

FirstMiddleLast Name domicile was __________________________________________________________________________

StreetCity CountyState departed this life on _________________________, _______, intestate, leaving an estate of real property valued at

approximately ____________________________________ and personal property valued at approximately

___________________________________.

2.

Under the law it is necessary that said estate be administered; and _________________________

________________________ should be appointed Administrator by reason of (check one):

____

____

____

____

____

____

____

being unanimously selected by all the heirs. (This alternative does not apply if the surviving spouse is the sole heir and an action for divorce or separate maintenance was pending at the time of decedent’s death.)

being the surviving spouse where no action for divorce or separate maintenance was pending at the time of decedent’s death.

being an heir and not the surviving spouse.

having been selected by a majority in interest of the heirs. being an eligible person as defined by O.C.G.A. §53-6-1.

being a creditor of the decedent (evidence of the indebtedness is attached). being the county administrator.

3.

Listed below are the names of all the decedent’s heirs with the age or majority status, address, and relationship to decedent set opposite the name of each:

Name

Age

Address

Relationship

 

(or over 18)

 

 

____________________________________________________________________________________________

____________________________________________________________________________________________

____________________________________________________________________________________________

____________________________________________________________________________________________

____________________________________________________________________________________________

____________________________________________________________________________________________

____________________________________________________________________________________________

____________________________________________________________________________________________

4.

Effective 7/98

1

GPCSF 3

Additional Data: Where full particulars are lacking, state here the reasons for any such omission. Also, state here all pertinent facts which may govern the method of giving notice to any party and which may determine whether or not a guardian ad litem should be appointed for any party. If any heirs listed above are cousins, grandchildren, nephews or nieces of the decedent, please indicate the deceased ancestor through whom they are related to the decedent.

(Check one):

____

5.

Notice of this petition must be published either because all heirs have consented that the judge of the probate court may waive the bond and/or grant certain powers contained in O.C.G.A. §53-12-232 to the Administrator and therefore the notice required by law in such cases must be issued and published, or because the identities and/or addresses of all the heirs are not known.

____

Notice of this petition need not be published, because waiver of bond and/or grant of powers contained in O.C.G.A. §53-12-232 is not sought and the identities and addresses of all the heirs are known.

6.

To the knowledge of the petitioner, no other proceedings with respect to this estate are pending, or have been completed, in any other probate court in this state.

Wherefore, petitioner prays that service be perfected and that if no good cause is shown to the contrary,

________________________________________________ be appointed Administrator of the estate of said

decedent.

______________________________________

Signature of Attorney (or petitioner if pro se) Address:

Telephone Number:

State Bar #:

_________________________________________

Signature of Attorney (or petitioner if pro se) Address:

Telephone Number:

State Bar #:

VERIFICATION

2

GEORGIA,

 

COUNTY

Personally appeared before me the undersigned petitioner(s) who on oath state(s) that the facts set forth in the foregoing petition are true.

______________________________________

_______________________________________

Petitioner

Petitioner

Residence Address:

Residence Address:

Telephone Number:

Telephone Number:

Sworn to and subscribed before me, this _______ day of ________________________, ________.

_______________________________________

Clerk of Probate Court or Notary Public

3

SELECTION BY HEIRS (AND

CONSENT OF HEIRS TO WAIVER OF BOND

AND/OR GRANT OF CERTAIN POWERS)

Note: If an heir is not sui juris, the guardian appointed by the Court or the person that the Court determined may act as guardian is authorized to consent for such non sui juris heir in accordance with the instruction page to this form.

GEORGIA,COUNTY

We, being (all of the) heirs of the estate of _________________________________________, deceased,

and being sui juris unless otherwise indicated, do hereby acknowledge service, waive all further notice, and select

___________________________ to act as Administrator of the estate of said decedent,

(check only if applicable):

____

and authorize the judge of the probate court to (check all which apply):

____

a.

waive the bond of the Administrator and grant to the Administrator the power

 

 

to serve without making and filing inventory and without filing any annual or

 

 

other returns or reports to any court; but the fiduciary shall furnish to the

 

 

income beneficiaries, at least annually, a statement of receipts and

 

 

disbursements.

____

b.

grant to the Administrator all of the powers contained in O.C.G.A. §53-12-232

 

 

not included in (a) above.

 

 

 

____

c.

grant to the Administrator only those certain powers contained in

 

 

O.C.G.A.§53-12-232 which are set forth in Exhibit "A" attached hereto.

SIGNATURE(S) OF HEIRS

Sworn to and subscribed before

me this ____ day of __________,____.

NOTARY/CLERK OF PROBATE COURT

------------------------------------------------------------------------------------------------------------------------------

Sworn to and subscribed before

me this ____ day of __________,____.

NOTARY/CLERK OF PROBATE COURT

--------------------------------------------------------------------------------------------------------------------------------

Sworn to and subscribed before

me this ____ day of __________,____.

NOTARY/CLERK OF PROBATE COURT

--------------------------------------------------------------------------------------------------------------------------------

Sworn to and subscribed before

me this ____ day of __________,____.

NOTARY/CLERK OF PROBATE COURT

4

ORDER FOR SERVICE OF NOTICE

Probate Court of

 

County

(Complete only if applicable:)

Since the heirs have not made a unanimous selection, or the heirs have requested the waiver of bond and/or grant of certain powers, it is ordered that notice be issued and served as follows upon any heirs who did not acknowledge service. Notice of this petition must be mailed by first-class mail to each heir with a known address at least 13 days prior to the date on or before which any objection is required to be filed. If there is any heir whose current address is unknown or any heir who is unknown, or if the heirs have unanimously requested the waiver of bond and/or grant of certain powers, notice must be published once each week for four weeks prior to the week which includes the date on or before which any objection must be filed.

_______________________________

________________________________________

DATE

JUDGE OF THE PROBATE COURT

NOTICE

NOTE: Strike the sentence in parenthesis below if not applicable.

GEORGIA,COUNTY PROBATE COURT

__________________________________________________________ has petitioned (for

_____________________________________________) to be appointed Administrator of the estate of

_____________________________________________________, deceased, of said County. (The petitioner has

also applied for waiver of bond and/or grant of certain powers contained in O.C.G.A. §53-12-232.) All interested parties are hereby notified to show cause why said petition should not be granted. All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed with the court on or before

_______________, _____ . If any objections are filed, a hearing will be (held on

________________________________ ) (scheduled at a later date). If no objections are filed, the petition may be

granted without a hearing.

JUDGE OF THE PROBATE COURT

By: ____________________________________

CLERK OF THE PROBATE COURT

CERTIFICATE OF MAILING

GEORGIA,

 

COUNTY

I do hereby certify that I have this day mailed by first-class mail a copy of the above Notice in this matter to each heir with a known current address as listed by the petitioner who did not acknowledge service in an envelope, properly addressed and with adequate postage thereon, and deposited in the United States Mail, with the return address of this Court thereon.

____________________________________

__________________________________

DATE

CLERK, PROBATE COURT

 

5

 

PROBATE COURT OF

 

 

 

COUNTY

 

 

STATE OF GEORGIA

 

 

RE:

ESTATE OF

)

ESTATE NO. ___________________

 

 

)

 

 

 

_______________________________,

)

RE:

PETITION FOR LETTERS OF

DECEASED

)

 

ADMINISTRATION

FINAL ORDER

The petition of ________________________________________________________ for issuance of

Letters of Administration on the estate of _____________________________________________, deceased, has

been duly filed. Service was perfected according to law. It appears that said decedent died domiciled in said county, intestate; that (initial one):

____

the petitioner

 

____

(name): ________________________________________

is lawfully qualified for said administration; and that no objection has been offered.

 

 

 

 

____

(Initial if applicable.) Such petition contained a request for waiver of bond and/or grant of

certain powers contained in O.C.G.A. §53-12-232. The notice which was issued and published reflected this, and no objection to the request has been filed. Consent to such request was given by all heirs.

It is therefore ordered that the undersigned judge does hereby:

(Initial all which apply):

____

a.waive the bond of the Administrator and grant to the Administrator the power to serve without making and filing inventory, and without filing any annual or other returns or reports to any court; but the fiduciary shall furnish to the income beneficiaries, at least annually, a statement of receipts and disbursements.

____

____

b.grant to the Administrator all of the powers contained in O.C.G.A. §53-12-232 not included in (a) above.

c.grant to the Administrator only those certain powers contained in O.C.G.A. §53-12-232 which are set forth in Exhibit "A" attached to the petition.

It is therefore ordered that the person found above in this order to be qualified for such office be, and is hereby, appointed Administrator of the estate of said decedent, and that appropriate Letters be issued upon said Administrator’s (giving bond with approved surety in the sum of __________________________ dollars and)

taking the oath as provided by law.

_______________________________

__________________________________________

DATE

JUDGE OF THE PROBATE COURT

 

6

 

 

OATH

Georgia,

 

County

I do solemnly swear or affirm that __________________________________________, deceased, died

intestate, so far as I know or believe, and that I will well and truly administer on all the estate of the decedent, and disburse the same as the law requires, and discharge to the best of my ability all my duties as Administrator. So help me God.

____________________________________________

Administrator

Sworn to and subscribed before me this

_____ day of ________________, _______.

___________________________________

Clerk, Probate Court

7

CERTIFICATE IN ACCORDANCE WITH

UNIFORM PROBATE COURT RULE 21(F)

I certify that the content of the foregoing is identical in all material respects with Georgia probate court standard form entitled PETITION FOR LETTERS OF ADMINISTRATION, except for additions or deletions indicated as required by the Uniform Probate Court Rules.

______________________________

______________________________

Date

Signature of Attorney

 

Address:

 

Telephone Number:

 

State Bar#:

8

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administration form empty fields to complete

Please fill in the being unanimously selected by all, being an heir and not the, Listed below are the names of all, relationship to decedent set, Name, Age, Address, Relationship, and or over area with the required information.

stage 2 to entering details in administration form

You'll be requested for some relevant data if you need to fill out the Check one, Notice of this petition must be, Notice of this petition need not, To the knowledge of the petitioner, been completed in any other, Wherefore petitioner prays that, Signature of Attorney or, and Signature of Attorney or segment.

Filling in administration form stage 3

It is important to spell out the rights and responsibilities of every party in field GEORGIA COUNTY, Personally appeared before me the, in the foregoing petition are true, Petitioner Residence Address, Petitioner Residence Address, Telephone Number, Telephone Number, Sworn to and subscribed before me, and Clerk of Probate Court or Notary.

step 4 to filling out administration form

End by analyzing all of these fields and filling in the required particulars: If an heir is not sui juris the, GEORGIA COUNTY, We being all of the heirs of the, check only if applicable, and authorize the judge of the, check all which apply, waive the bond of the, and grant to the Administrator all of.

stage 5 to entering details in administration form

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