Petition For Temporary Letters Of Administration {GPCSF 2}

PETITION FOR TEMPORARY LETTERS OF ADMINISTRATION INSTRUCTIONS I. Specific Instructions 1. This form is to be used for a Petition for Temporary Letters of Administration pursuant to O.C.G.A. § 53-6-30 et seq. 2. The Probate Court may at any time and without notice grant Temporary Letters of Administration on an unrepresented estate to continue in full force and effect until the Temporary Administrator is discharged or a personal representative is appointed according to O.C.G.A. § 53-6-30. According to O.C.G.A. § 53-11-5, "The probate judge may direct any additional service or notice or extend the time to respond with respect to any proceedings covered by this chapter...." 3. Paragraph 4 requires sufficient factual information for the Court to conclude that those listed in Paragraph 3 include 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 and the name of the deceased heir's Personal Representative if applicable. The Personal Representative of a deceased heir is authorized to consent on behalf of that heir. 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." 4. Temporary Administrator(s) should only collect and preserve the assets of the estate and only expend funds, if approved, by the Judge of the Probate Court according to O.C.G.A. § 53-6-31. 5. 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. 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 2 [i] 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 TEMPORARY LETTERS OF ADMINISTRATION 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. [Initial one] ______ (a) ______ (b) The Decedent died intestate [without making a valid Last Will and Testament.] There is a contested Last Will and Testament of the Decedent. The alleged will is dated ______________. 3. Listed below are all of the Decedent's heirs at law, with age or majority status, address, and relationship to the Decedent set opposite the name of each: Name Age (or over 18) Address Relationship ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ GPCSF 2 [1] Eff. July 2016 American LegalNet, Inc. www.FormsWorkFlow.com  4. Required: [Provide sufficient factual information to enable the Court to conclude that all of the heirs of the Decedent are included and that there are no heirs of the same or closer degree according to O.C.G.A. § 53-2-1. Provide the names of any deceased heirs, the name and address of his or her Personal Representative, if any, and include the date of death for each. [See instructions for further clarification.] Also, state here all pertinent facts that may govern the method of giving notice to any party and that 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, indicate the deceased ancestor through whom they are related to the Decedent.] ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 5. Under the law, it is necessary that a Temporary Administrator collect and preserve said estate and _____________________________________________________________________ should be appointed Administrator(s) by reason of: [Initial one] ______ (a) 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.]; ______ (b) being the surviving spouse where no action for divorce or separate maintenance was pending at the time of Decedent's death; ______ (c) being (an) heir(s) and not the surviving spouse; ______ (d) havi