Petition For Leave To Convey Or Encumber Property Previously Set Aside {GPCSF 17}

PETITION FOR LEAVE TO CONVEY OR ENCUMBER PROPERTY PREVIOUSLY SET ASIDE AS YEAR'S SUPPORT INSTRUCTIONS I. Specific Instructions 1. This form is to be used when petitioning for leave to convey or encumber property set aside as year's support, pursuant to O.C.G.A. § 53-3-20. 2. This form is prepared on the assumption that the surviving spouse is the Petitioner. If this is not the case, modify the form accordingly. The Petition may be brought either by a surviving spouse who participated in the award or by the guardian of the property of a minor child who participated in the award. 3. A recent appraisal should be used if available; otherwise, a copy of the most recent ad valorem tax statement should be provided. If the appraised value or tax value is higher than the selling price, explain the discrepancy on an additional sheet, and add a reference to this in Paragraph 5 of the petition. In addition, if there is a sales contract, a copy of the contract should be attached to this Petition as an exhibit. 4. 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. 5. Use Supplement 3 when an additional certificate of service is necessary. 6. 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. 7. Necessity for Filing; Venue a. Pursuant to O.C.G.A. § 53-3-19, it is not necessary to obtain Probate Court approval if the children for whom the award was made who are now sui juris will join in the conveyance or encumbrance, unless at least one of the children for whom the award was made is still a minor. b. Venue: The petition must be filed in the county where the year's support award was originally granted. O.C.G.A. § 53-3-19 (b). 8. Method of Service pursuant to O.C.G.A. § 53-3-20 is required. a. Adult children for whose benefit the year's support was set apart with known addresses in this state who do not acknowledge service shall be served personally not less than ten (10) days prior to the date set for hearing. GPCSF 17 [i] Eff. July 2016 American LegalNet, Inc. www.FormsWorkFlow.com b. 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 c. Adult children for whose benefit the year's support was set apart with unknown addresses or residing out of state who do not acknowledge service shall be served by: i. ii. iii. Publication of notice in the legal organ one (1) time not less than ten (10) days prior to the date set for hearing; Posting of notice at the courthouse not less than ten (10) days prior to the date set for hearing; and Mailing by first-class mail a copy of the notice to the last known address not less than ten (10) days prior to the date set for hearing. d. O.C.G.A. § 53-11-2 provides that a party to a probate proceeding who 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. 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 17 [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 FOR LEAVE TO CONVEY OR ENCUMBER PROPERTY PREVIOUSLY SET ASIDE AS YEAR'S SUPPORT The Petition of ___________________________________________________________, [Full name(s) of Petitioner(s)] First Street Street Relationship [Note: The petition may be brought either by a surviving spouse who participated in the award or by the guardian of the property of a minor child who participated in the award.] Middle County County State State Last Zip Code Zip Code whose physical address(es) is/are __________________________________________________, City City and mailing address(es) is/are _____________________________________________________, and being the _____________ of the above-named decedent, 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. On ________________, 20________, the Probate Court of this County awarded a year's support to the Petitioner and the following child(ren) of said decedent: Last Known Address (if current unknown) Present Age Name Current Address ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ GPCSF 17 [1] Eff. July 2016 American LegalNet, Inc. www.FormsWorkFlow.com 3. The year's support award included the following described real estate located in ____________________________________ County, Georgia (the same being recorded in _______________________County Probate Court). A complete legal description of such real property is: 4. It is necessary for Petitioner to (convey) (encumber) said property for the purpose of: ______________________________________________________________________________ ______________________________________________________