Petition By Personal Representative For Waiver Of Bond-Grant Of Certain Powers {GPCSF 32}

PETITION BY PERSONAL REPRESENTATIVE FOR WAIVER OF BOND AND/OR GRANT OF CERTAIN POWERS INSTRUCTIONS I. Specific Instructions 1. This form is to be used by an Administrator or Executor who has already been appointed when filing a Petition for Waiver of Bond and/or Grant of Certain Powers Pursuant to O.C.G.A. § 53-7-1 (b). 2. Unanimous consent of the heirs to the Personal Representative's Petition is required, or the beneficiaries if the Decedent died testate. 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, conservator, or testamentary guardian has no conflict and may serve. Should a guardian ad litem be necessary because a party is not sui juris, use Supplement 1. For purposes of the consent required, with respect to any heir who is not sui juris, such consent may be given by such guardian ad litem, natural guardian, guardian, conservator or testamentary guardian. The Personal Representative of a deceased heir is authorized to consent on behalf of that heir. 3. Signatures of those who acknowledge service must be sworn to before a notary public or the Clerk of any Probate Court of this State. An attorney at law may acknowledge service on behalf of his/her client; however, the attorney must certify that he or she currently represents that individual with regard to the pending matter and, in order to comply with O.C.G.A. § 53-11-6, the attorney's signature must be sworn to as provided above. It is not necessary that all acknowledgments appear on the same page. With regard to a power of attorney, the attorney-in-fact may acknowledge service on behalf of the grantor of the power, provided that the power of attorney grants such authority, the signature of the attorney-in-fact is attested, a copy of the power of attorney is attached, and the attorney-in-fact certifies that the copy is a true copy and is still in effect. 4. Notice must be published once a week for four (4) weeks. 5. The relief sought in this Petition and provided in the Order is not retroactive. 6. If bond has been posted, and waiver of bond is sought for the future, check with the bonding company(y)(ies) to obtain the necessary bond description to be placed in the Petition and Order and to coordinate this matter with the bonding company(y)(ies). 7. In the event the assets are to be distributed according to a Will, only the beneficiaries need to be listed in Paragraph 5 and a completed definitive statement in Paragraph 4 is not required. In the event the Decedent died intestate (without a Will), Paragraph 4 GPCSF 32 [i] Eff. July 2016 American LegalNet, Inc. www.FormsWorkFlow.com  requires that a definitive statement be made to show to the Court that the persons named in Paragraph 3 constitute each and every heir of the Decedent and that there are not additional heirs of the same or closer degree according to O.C.G.A. § 53-2-1. These facts must allow the Court to rule out the possibility that there may be other heirs of the same or closer degree who have not been listed. Provide the date of death of any deceased heirs. The Personal Representative of a deceased heir or beneficiary is authorized to consent on behalf of that heir or beneficiary. O.C.G.A. § 53-7-1. [NOTE: If you are uncertain how to determine the heirs of a Decedent, refer to the "Heirs Determination Worksheet" available from the Probate Court or at www.gaprobate.gov.] Examples of such statement would be: (a) "Decedent was or was not married at the time of his death and had no children born, adopted, living or deceased, other than listed herein"; (b) "Decedent had no other siblings half or whole other than those listed herein"; (c) "the Decedent's brother who died previously had no other children born, adopted, living or deceased, other than listed herein." 8. Use Supplement 2 if the Court determines it is appropriate to appoint a special process server. 9. Use Supplement 3 when an additional certificate of service is necessary. 10. Exhibits should be labeled at the bottom of each exhibit as Exhibit "A," Exhibit "B," etc. in consecutive order. The corresponding letter of each said exhibit should be inserted into the appropriate place in the form. 11. According to Uniform Probate Court Rule 5.6 (A), unless the Court specifically assumes the responsibility, it is the responsibility of the moving party to prepare the proper citation and deliver it properly so it can be served according to law. All pages after the Notice regarding Uniform Probate Court Rule 5.6 (A) are to be completed by the moving party, unless otherwise directed by the Court. II. General Instructions General instructions applicable to all Georgia Probate Court Standard Forms are available in each Probate Court or at www.gaprobate.gov, labeled GPCSF 1. GPCSF 32 [ii] Eff. July 2016 American LegalNet, Inc. www.FormsWorkFlow.com  IN THE PROBATE COURT OF_________________COUNTY STATE OF GEORGIA IN RE: ESTATE OF ________________________________, DECEASED ) ) ) ) ESTATE NO. _____________ PETITION BY PERSONAL REPRESENTATIVE FOR WAIVER OF BOND AND/OR GRANT OF CERTAIN POWERS The Petition of __________________________________________________________, [Full name(s) of Petitioner(s)] First Street Street City City Middle County County State State Last Zip Code Zip Code whose physical address(es) is/are __________________________________________________, and mailing address(es) is/are ____________________________________________________, shows to the Court the following: 1. ______________________________________________________________________, [Full name of decedent] First Middle Last whose place of domicile was _____________________________________________________, Street City County State Zip Code departed this life on ________________________, 20_____. 2. [Initial one] _____ (a) The above-named Decedent died with a Will dated _____________________ (and Codicil(s) dated ____________________________), that (has been) (will be) (is hereby, as a Petition for Probate is being filed simultaneously) offered for Probate. [Add below the name(s) of the person(s) to be appointed, and attach the Final Order and Letters of Appointment, if any, as Exhibit "____."] First Middle Last _____________________________________________________________________________ [Full name of person to