Petition For Determination Of Right Of Disposition Of Remains Of Decdent {GPCSF 72}

PETITION FOR DETERMINATION OF RIGHT OF DISPOSITION OF REMAINS OF A DECEDENT INSTRUCTIONS I. Specific Instructions 1. 2. This form is to be used for a Petition for Determination of Right of Disposition of the Remains of a Decedent pursuant to O.C.G.A. § 31-21-7. O.C.G.A. § 31-21-7 provides that the Petition may be filed by either (1) the funeral home with present custody of the remains of the Decedent or (2) one of two or more persons with the same relationship to the Decedent for purposes of the right to dispose of the remains as set forth in the Code section. Notice of the filing of the Petition and the hearing to be held to consider same will be as the Court directs. According to 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 may 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. 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. 3. 4. 5. 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 72 [i] Eff. July 2016 American LegalNet, Inc. www.FormsWorkFlow.com IN THE PROBATE COURT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ___________________________________, DECEASED ) ) ) ) ESTATE NO. ____________ PETITION FOR DETERMINATION OF RIGHT OF DISPOSITION OF REMAINS OF A DECEDENT TO THE HONORABLE JUDGE OF THE PROBATE COURT: The Petition of ___________________________________________________________ [Full name(s) of Petitioner(s)] First Street Street City City County County Middle 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. Petitioner is: [initial as applicable] _______ _______ (a) One of two or more persons with the same relationship to the Decedent for purposes of the right to dispose of the remains as set forth in O.C.G.A. § 31-21-7. (b) The funeral home with present custody of the remains of the Decedent. 3. There are two or more persons with the same relationship to the Decedent for purposes of the right to dispose of the remains as set forth in O.C.G.A. § 31-21-7, such persons being: Name Address Relationship to Decedent ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ GPCSF 72 [1] Eff. July 2016 American LegalNet, Inc. www.FormsWorkFlow.com 4. There are no known persons having a higher priority pursuant to O.C.G.A. § 31-21-7 to make decisions concerning the disposition of the remains of the Decedent than those listed in Paragraph 3 above. 5. The Decedent: ______ (a) had an advanced directive that addressed the disposition of the principal's body and is attached as Exhibit "____" . ______ (b) did not have an advanced directive that addressed the disposition of the principal's body. If (a) is selected please list the person(s) named as the agent: Name Address Relationship to Decedent ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 6. [initial as applicable] _____ (a) Of those persons listed above, the following have not participated in the attempt to determine the manner of disposition of the remains by agreement: ______________________________. Reasonable efforts have been made by one or more of the others named in Paragraph 3 above to notify such person(s) and seek his/her/their participation. However, Petitioner is not aware of any opposition to the decision of a majority of those participating. _____ (b) Of those persons listed above, the following are currently present in this county and are accessible to Petitioner for service of notice by hand delivery: _______________________________. _____ (c) Of those persons listed above, the following have acknowledged service of notice of this Petition and consent to the determination of the right of disposition of the remains of Decedent: ____________________________. GPCSF 72 [2] Eff. July 2016 American LegalNet, Inc. www.FormsWorkFlow.com 7. Disagreement exists among those persons named in Paragraph 3 above as to the location, manner and conditions of disposition of the remains of the Decedent and/or as to the arrangement for funeral goods and services to be provided. WHEREFORE, Petitioner prays: 1. 2. that a hearing be held by the Court, at a time and on a date set by the Court, after such notice as the Court deems reasonable and practical under the circumstances of this matter; that the Court determine the person to be the most fit and appropriate to carry out the right of disposition and make decisions regarding the remains of the Decedent, upon consideration of the factors set forth in O.C.G.A. § 31-21-7 (d) (2); and that an appropriate order issue in accordance with the Court's determination of the right of disposition of the remains of the Decedent. 3. ____________________________________ Signature of Petitioner ____________________________________ Printed Name ____________________________________ ____________________________________ Mailing Address ____________________________________ Telephone Number Signature of Attorney Address Telephone Number ______________________________________________________ ______________________________________________________ ______________________________________________________ __________________ State Bar #________________________ Printed Name of Attorney ________