Petition For Years Support {GPCSF 10}

PETITION FOR YEAR'S SUPPORT INSTRUCTIONS I. Specific Instructions 1. This form is to be used for filing a Petition for Year's Support pursuant to O.C.G.A. § 53-3-1 et seq. 2. The amount set apart shall be an amount sufficient to maintain the standard of living that the Surviving Spouse and each minor child had prior to the death of the Decedent, for a period of twelve (12) months, taking into consideration the following: (1) the support available to the individual for whom the property or money is to be set apart, from sources other than year's support, including but not limited to any separate estate and earning capacity of that individual; and (2) such other relevant criteria as the Court deems equitable and proper, including the solvency of the estate. 3. This Petition must be filed within twenty-four (24) months after Decedent's death. 4. The Petitioner(s) or his/her/their attorney must prepare and file with the Court, no later than the date of the Final Order, a Georgia Department of Revenue Form PT-61 for each parcel of real property located in the State of Georgia shown on Exhibit "A." 5. Signatures of heirs and 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 an heir or beneficiary; however, the attorney must certify that he or she currently represents that heir or 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 attorneyin-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. GPCSF 10 [i] Eff. July 2016 American LegalNet, Inc. www.FormsWorkFlow.com 6. If the Decedent died without a Will or left a Will that has not yet been probated, Paragraph 3 requires sufficient factual information for the Court to conclude that those listed on Exhibit "B" 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 information as to whether any deceased heirs died before or after the Decedent and the name and address 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." 7. Exhibit "B" also requires that the Tax Commissioner be listed for each county in which there is real property owned by the Decedent. 8. 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. 9. Use Supplement 2 if the Court determines it is appropriate to appoint a special process server. 10. Use Supplement 3 when an additional certificate of service is necessary. 11. 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. 12. 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 10 [ii] 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 YEAR'S SUPPORT The Petition of ___________________________________________________________ [Full name of Petitioner] 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 the Court the following: 1. The Petitioner is: _____ (a) The Surviving Spouse who has not married since the death of the Decedent. _____ (b) A guardian or other individual acting on behalf of the minor child(ren), who have not turned 18 prior to the filing of this Petition and have not married [state specific relationship]: ______________________________ _______________________________________________________________________, [Full name of Decedent] First Street City Middle County State Last Zip Code whose place of domicile was______________________________________________________, departed this life on _________________, 20 ______. 2. [Initial one] _____ (a) There is not a Will. [List in Exhibit "B" 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. For any minor, include the date of birth and the name and address of the parent or guar