Petition For Declaration Of Death Of Missing Individual Believed To Be Dead

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Petition For Declaration Of Death Of Missing Individual Believed To Be Dead is a commonly used form within Georgia. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

Atticus Fast Facts About Petition For Declaration Of Death Of Missing Individual Believed To Be Dead

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Petition For Declaration Of Death Of Missing Individual Believed To Be Dead:

• This form pertains to the State of Georgia

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about Georgia’s Form GPCSF 18 - Petition For Declaration Of Death Of Missing Individual Believed To Be Dead up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct Georgia form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some Georgia probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form GPCSF 18, take a break, and then review. Probate and estate settlement processes in GA are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form GPCSF 18 online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form GPCSF 18 witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Petition For Declaration Of Death Of Missing Individual Believed To Be Dead to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

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Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in Georgia.

5 reasons you should submit GPCSF 18 as quickly as possible:

1. The sooner you begin, the faster Georgia can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
   
   Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in Georgia. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

5. If a house in the State of Georgia is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for Georgia probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local Georgia probate clerk or court for exact answers regarding Form GPCSF 18, and when in doubt— consult a qualified trust & estates lawyer for that area.

Petition For Declaration Of Death Of Missing Individual Believed To Be Dead is one of the many probate court forms available for download through Atticus.

It may also be available through some Georgia probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within Georgia.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form GPCSF 18 - Petition For Declaration Of Death Of Missing Individual Believed To Be Dead f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the Georgia probate court office.

Petition For Declaration Of Death Of Missing Individual Believed To Be Dead is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any Georgia-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

Here’s the text, verbatim, that is found on Georgia Form GPCSF 18 - Petition For Declaration Of Death Of Missing Individual Believed To Be Dead. You can use this to get an idea of the context of the form and what type of information is needed.

GPCSF 18 [i] Eff. July 2021 PETITION FOR DECLARATION OF DEATH OF MISSING INDIVIDUAL BELIEVED TO BE DEAD INSTRUCTIONS I. Specific Instructions 1. This form is to be used for petition for declaration of death of missing individual believed to be dead pursuant to O.C.G.A. § 53-9-1 et seq. 2. The service requirements for this form are covered in O.C.G.A. § 53-9-2. 3. This form may be used in conjunction with a petition for letters of administration, a petition to probate will in common or solemn form, a petition for year’s support or a petition for an order that no administration is necessary. Any of these other petitions may be granted at any time after the death is established, provided that all legal requirements for the granting of the other petition have been met. 4. 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 or 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. 5. 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 GPCSF Supplement 1. 6. The final order includes language for both clear and convincing evidence and preponderance of the evidence. O.C.G.A. § 53-9-1 dictates the burden required based on the circumstances of the case. 7. Paragraph 4 of this form requires sufficient factual information for the Court to conclude that those listed in paragraph 3 of this form constitute all of the would-be heirs of the missing individual 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 post deceased heirs and the name of the personal representative if applicable. The personal representative of a post deceased heir is authorized to consent on behalf of that heir. O.C.G.A. § 53-7-1. When a party to a proceeding in probate court is a post deceased heir whose estate has no personal representative, such deceased heir’s estate may be represented in the proceeding by a guardian ad litem. A person’s heirs are determined at the time of that person’s death. A close relative must be alive at the time the decedent dies to be an heir. If an heir who outlived the decedent subsequently dies, that post deceased heir must be represented by the personal representative of his or her estate or by a guardian ad litem. [If you are uncertain how to determine the heirs of a decedent, refer to the “Heirs Determination GPCSF 18 [ii] Eff. July 2021 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) “Decedent’s brother who died previously had no other children born, adopted, living, or deceased, other than listed herein.” 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 18 [1] Eff. July 2021 IN THE PROBATE COURT OF _________________COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ________________________________, ) ESTATE NO. _____________ MISSING INDIVIDUAL ) PETITION FOR DECLARATION OF DEATH OF MISSING INDIVIDUAL BELIEVED TO BE DEAD The petition of ___________________________________________________________, [Full name(s) of petitioner(s)] First Middle Last whose physical address(es) is/are __________________________________________________, Street City County State Zip Code and mailing address(es) is/are _____________________________________________________, Street City County State Zip Code shows to the Court the following: 1. _____________________________________________________________, [Full name of missing individual] First Middle Last hereinafter referred to as the “missing individual,” whose place of domicile was _____________ ____________________________________________________________________ is missing. Street City County State Zip Code 2. [Initial one] (a) Petitioner has ____ (simultaneously filed) ____ (will file) a petition concerning this estate for: [Initial one] ______ 1. Administration of the estate. ______ 2. Probate of will in (common)(solemn) form. ______ 3. A year’s support. ______ 4. Order that no administration is necessary. OR (b) ______ Petitioner does not presently intend to file any other proceedings. GPCSF 18 [2] Eff. July 2021 3. Listed below are all of the missing individual’s would-be heirs at law, with age or majority status, address and relationship to the missing individual set opposite the name of each: Name Age (or over 18) Address Relationship ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 4. Required: [Provide sufficient factual information to enable the Court to conclude that all of the heirs of the missing individual 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 person and that may determine whether or not a guardian ad litem should be appointed for any person. If any heirs listed above are cousins, grandchildren, nephews, or nieces of the missing individual, indicate the deceased ancestor through whom they are related to the missing individual.] ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 5. [Initial one] ______ (a) The missing individual has been missing from his/her last known place of domicile for a continuous period of four years or longer. ______ (b) The missing individual has been missing from his/her last known place of domicile for a continuous period of 12 months or longer. ______ (c) The missing individual was exposed to a specific peril or tragedy resulting in probable death under circumstances that may be proved by clear and convincing evidence. The specific peril or tragedy and the circumstances proving the death of the missing individual are fully explained in paragraph 8 of this petition. GPCSF 18 [3] Eff. July 2021 6. The missing individual was last heard from on _________________________________, [Date] at which time he/she was at ______________________________________________________. [Location or address] 7. To the knowledge of the petitioner, no other proceedings with respect to this estate are pending, or have been completed, in any other probate court in this State. 8. The petitioner shows the following facts in support of the belief that the missing individual is deceased: [If death is to be proved as a result of a specific peril or tragedy, fully describe the specific peril or tragedy and the circumstances proving the decedent’s exposure thereto and death as a result thereof.] See O.C.G.A. § 53-9-2 (b) for the facts which must be stated. ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ WHEREFORE, petitioner prays: 1. That necessary notice be issued and served according to law; and 2. That an order declaring death be entered. ____________________________________ Signature of Petitioner ____________________________________ Printed Name ____________________________________ ____________________________________ Mailing Address ____________________________________ Telephone Number Signature of Attorney: ______________________________________________________ Printed Name of Attorney: ______________________________________________________ Address: ______________________________________________________ ______________________________________________________ Telephone Number: __________________ State Bar #________________________ GPCSF 18 [4] Eff. July 2021 VERIFICATION GEORGIA, __________________ COUNTY Personally appeared before me the undersigned petitioner who, after being duly sworn, states that the facts set forth in the foregoing petition for declaration of death of missing individual believed to be dead (and the attached exhibit(s)) are true and correct. Sworn to and subscribed before me this ______ day of ________________, 20____. ____________________________________ Signature of Petitioner ___________________________________ ____________________________________ NOTARY/CLERK OF PROBATE COURT Printed Name of Petitioner My Commission Expires: _______________ GPCSF 18 [5] Eff. July 2021 IN THE PROBATE COURT OF _________________COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ________________________________, ) ESTATE NO. _____________ MISSING INDIVIDUAL ) ACKNOWLEDGMENT OF SERVICE AND ASSENT TO PETITION PETITION OF ________________________________________ FOR THE DECLARATION OF DEATH OF THE ABOVE-NAMED MISSING INDIVIDUAL BELIEVED TO BE DEAD I, the undersigned, being over 18 years of age, laboring under no legal disability, and being those who would be heirs if the missing individual were declared to be dead, hereby acknowledge service of a copy of the petition for declaration of death of missing individual believed to be dead and notice, waive copies of same, waive further service and notice, and hereby assent to the petition without further delay. SIGNATURE(S) OF WOULD-BE HEIRS Sworn to and subscribed before me this ______ day of _______________, 20_____ _____________________________________ Signature ___________________________________ _____________________________________ NOTARY/CLERK OF PROBATE COURT Printed Name My Commission Expires: ________________ --------------------------------------------------------------------------------------------------------------------- Sworn to and subscribed before me this ______ day of _______________, 20_____ _____________________________________ Signature ___________________________________ _____________________________________ NOTARY/CLERK OF PROBATE COURT Printed Name My Commission Expires: ________________ --------------------------------------------------------------------------------------------------------------------- Sworn to and subscribed before me this ______ day of _______________, 20_____ _____________________________________ Signature ___________________________________ _____________________________________ NOTARY/CLERK OF PROBATE COURT Printed Name My Commission Expires: ________________ GPCSF 18 [6] Eff. July 2021 NOTICE THE FOLLOWING PAGES ARE TO BE COMPLETED BY THE PETITIONER (MOVING PARTY) UNLESS OTHERWISE DIRECTED BY THE COURT. SEE UNIFORM PROBATE COURT RULE 5.6 (A). GPCSF 18 [7] Eff. July 2021 IN THE PROBATE COURT OF _________________COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ________________________________, ) ESTATE NO. _____________ MISSING INDIVIDUAL ) PETITION FOR DECLARATION OF DEATH OF MISSING INDIVIDUAL BELIEVED TO BE DEAD ORDER FOR CITATION ______________________________ filed this petition to establish the death of the above- named missing individual believed to be dead (and a petition of the estate of such individual). IT IS ORDERED that citation issue and be published once a week for four weeks, in the official newspaper in this county, giving notice that on a day certain, which must be at least 90 days after the first publication, evidence will be heard by this Court concerning the alleged absence of the missing individual believed to be dead and the circumstances and duration thereof. [Initial if applicable] _____ IT IS FURTHER ORDERED that one or more petitions for the appointment of a personal representative, a petition for year’s support, or a petition for order declaring no administration necessary, has/have also been filed, and notice(s) of such petition(s) shall issue as set forth in orders pertaining to such petitions entered contemporaneously herewith. _____ IT IS FURTHER ORDERED that a copy of the citation shall be forwarded by First-Class Mail to the following individuals who would be heirs if the missing individual were known to be dead and who have not acknowledged service of the petition. ______________________________________________________________________________ ______________________________________________________________________________ _____ IT IS FURTHER ORDERED that the petitioner search for the missing individual in the following manner: ______________________________________________________________________________ ______________________________________________________________________________ This ________ day of ________________________, 20_______. __________________________________________________ Judge of the Probate Court GPCSF 18 [8] Eff. July 2021 IN THE PROBATE COURT OF _________________COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ________________________________, ) ESTATE NO. _____________ MISSING INDIVIDUAL ) PETITION FOR DECLARATION OF DEATH OF MISSING INDIVIDUAL BELIEVED TO BE DEAD CITATION Dates of publication: ___________________________ TO WHOM IT MAY CONCERN AND _____________________________________________: A petition for declaration of death of the above-named missing individual believed dead has been filed by ______________________________________________ (in conjunction with a petition for _______________________________________________). Notice is hereby given that at ______.m., on the ___________ day of __________________________, 20____, at ______________________________________________________________________________ ______________________________________________________________________________ evidence will be heard by the probate court concerning the alleged absence of said missing individual and the circumstances and duration thereof. The missing individual, if alive, or any other individual having evidence that the missing individual is alive, is required to produce and present to the court evidence at the hearing that the missing individual is still in life. _________________________________________ Judge of the Probate Court By: ____________________________________ Probate Clerk/Deputy Clerk _________________________________________ Address _________________________________________ _________________________________________ Telephone Number GPCSF 18 [9] Eff. July 2021 IN THE PROBATE COURT OF _________________COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ________________________________, ) ESTATE NO. _____________ MISSING INDIVIDUAL ) CERTIFICATE OF SERVICE I certify that I have this date mailed (unless otherwise noted) in an envelope with the proper postage affixed thereto for First-Class Mail delivery copies of the ___________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ ___________________________ to the following parties at the addresses below: This _______ day of ________________, 20____. _______________________________________ Clerk of the Probate Court _____________________________________ _______________________________________ Address _______________________________________ Telephone Number GPCSF 18 [10] Eff. July 2021 IN THE PROBATE COURT OF _________________COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ________________________________, ) ESTATE NO. _____________ MISSING INDIVIDUAL ) ORDER DECLARING DEATH AND DATE THEREOF The petition of ___________________________________________________________, for the declaration of death of the above-named missing individual believed to be dead, having come before the Court for hearing on ___________________, 20____, and it appearing that notice of such hearing was duly published and served as required by law, and after hearing evidence in said case, it is the finding of the Court that a diligent and reasonable effort has been made to locate the missing individual. [Initial the applicable provision] _____ A showing has been made that the above-named individual has been missing from his or her last known place of domicile for a continuous period of four years, and therefore a presumption of death has been established and has not been rebutted by a preponderance of the evidence. OR _____ A showing has been made that the above-named individual has been missing from his or her last known place of domicile for a continuous period of 12 months or more, and the death of the above-named individual has been proved by a preponderance of the evidence. OR _____ A showing has been made that the above-named individual was exposed to a specific peril or tragedy resulting in probable death, and the death of the above-named individual has been proved by clear and convincing evidence. WHEREUPON, IT IS ORDERED that the above-named missing individual be and is hereby declared dead, and the date of death is hereby established as _______________________________. SO ORDERED this ________ day of ________________________, 20_______. ____________________________________ Judge of the Probate Court GPCSF 18 [11] Eff. July 2021 IN THE PROBATE COURT OF _________________COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ________________________________, ) ESTATE NO. _____________ MISSING INDIVIDUAL ) ORDER DENYING PETITION The petition of ___________________________________________________________, for declaration of death of the above-named missing individual believed to be dead, having come before the Court for hearing on ___________________, 20____, and it appearing that notice of such hearing was duly published and served as required by law, and after hearing evidence in said case, the Court finds: [Initial one] _____ A diligent and reasonable effort has not been made to locate the missing individual. OR _____ A diligent and reasonable effort has been made to locate the missing individual but the death of said missing individual has not been established as required by law. ACCORDINGLY, the petition for declaration of death of missing individual believed to be dead is hereby DENIED. SO ORDERED this ________ day of ________________________, 20_______. ____________________________________ Judge of the Probate Court