Petition For Letters Of Administration With Will Annexed Will Previously Probated {GPCSF 8}

PETITION FOR LETTERS OF ADMINISTRATION WITH WILL ANNEXED (WILL PREVIOUSLY PROBATED) INSTRUCTIONS I. Specific Instructions 1. This form is to be used in connection with a Petition for Letters of Administration with Will Annexed when the Will has been previously probated pursuant to O.C.G.A. § 53-6-15 (b). In the event the will has not been previously probated, Form 7, Petition for Letters of Administration with Will Annexed, should be used. 2. Signatures of beneficiaries 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 a beneficiary; however, the attorney must certify that he or she currently represents that beneficiary 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 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. 3. O.C.G.A. § 53-6-15 (b) provides that the petition shall be served on the beneficiaries of the Will and the Executor, if any, of any deceased Executor whose death created the vacancy in the manner described in Chapter 11 of Title 53. O.C.G.A. § 53-11-3 (a). 4. 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. 5. Use Supplement 2 if the Court determines it is appropriate to appoint a special process server. 6. Use Supplement 3 when an additional certificate of service is necessary. 7. 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. 8. An oath must be administered by a Probate Judge or Clerk (the oath cannot be administered by a notary public). Use Georgia Probate Court Supplement 4 for the oath. The oath is not included in this form. Georgia Probate Court Standard Form 53, Commission to Administer Oath, can be used if the oath is to be administered by a court outside the State of Georgia. American LegalNet, Inc. www.FormsWorkFlow.com GPCSF 8 [i] Eff. July 2016 9. 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 can be served according to law. All pages after 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. American LegalNet, Inc. www.FormsWorkFlow.com GPCSF 8 [ii] Eff. July 2016 IN THE PROBATE COURT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ___________________________________, DECEASED ) ) ) ) ESTATE NO. ____________ PETITION FOR LETTERS OF ADMINISTRATION WITH WILL ANNEXED (WILL PREVIOUSLY PROBATED) 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. The Will dated ___________________, 20___ (and Codicil(s) dated ________________, 20__) was/were previously probated and a Final Order was entered on ___________________, 20__. 2. Listed below are all of the beneficiaries under said Will previously probated who have a present interest, including but not limited to a vested remainder interest but not including trust beneficiaries where there is a trustee who is not the nominated Administrator with Will Annexed. Name Age (or over 18) Address Relationship ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ American LegalNet, Inc. www.FormsWorkFlow.com GPCSF 8 [1] Eff. July 2016 3. Petitioner(s) further show(s) that the circumstances giving rise to the need for an Administrator with Will Annexed (Will previously probated) are as follows: [Initial all that apply] ____ (a) The appointed Executor is deceased. ____ (b) The appointed Executor has renounced or declined his/her right to serve as such. [Attach Renunciation as Exhibit "____."] ____ (c) Other reason a testate estate is unrepresented:_________________________ 4. The Petitioner(s) ______________________________________________ is/are entitled to be appointed Administrator(s) with Will Annexed by reason of: [Initial (a) or (b) and complete (b) if initialed] _____ (a) Having been unanimously selected by the beneficiaries of the Will, which was previously probated, who are capable of expressing a choice. If the sole beneficiary is the Decedent's Surviving Spouse, no action for divorce or separate maintenance was pending at the time of death of the Decedent. _____ (b) Appointment of the Proposed Administrator(s) with Will Annexed named above will best serve the interest of the estate and the Proposed Administrator(s) with Will Annexed is/are: _______ (1) _______ (2) A beneficiary or the trustee of any trust that is a beneficiary under the Will. A surviving spouse and no action for divorce or separate maintenance were pending or completed at the time of the Decedent's death. An eligible person as defined in O.C.G.A. § 53-6-1. A creditor of the estate [Evidence of such indebtedness is attached as Exhi