Petition For Determination Of Right Of Disposition Of Remains Of A Decedent

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 Determination Of Right Of Disposition Of Remains Of A Decedent 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 Determination Of Right Of Disposition Of Remains Of A Decedent

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Petition For Determination Of Right Of Disposition Of Remains Of A Decedent:

• 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 72 - Petition For Determination Of Right Of Disposition Of Remains Of A Decedent 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 72, 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 72 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 72 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 Determination Of Right Of Disposition Of Remains Of A Decedent 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 72 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 72, and when in doubt— consult a qualified trust & estates lawyer for that area.

Petition For Determination Of Right Of Disposition Of Remains Of A Decedent 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 72 - Petition For Determination Of Right Of Disposition Of Remains Of A Decedent 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 Determination Of Right Of Disposition Of Remains Of A Decedent 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 72 - Petition For Determination Of Right Of Disposition Of Remains Of A Decedent. You can use this to get an idea of the context of the form and what type of information is needed.

GPCSF 72 [i] Eff. July 2021 PETITION FOR DETERMINATION OF RIGHT OF DISPOSITION OF REMAINS OF A DECEDENT INSTRUCTIONS I. Specific Instructions 1. This form is to be used for a petition for determination of right of disposition of the remains of a decedent pursuant to O.C.G.A. § 31-21-7. 2. O.C.G.A. § 31-21-7 provides that the petition may be filed by either (a) the funeral home with present custody of the remains of the decedent or (b) one of two or more persons with the same relationship to the decedent for purposes of the right to dispose of the remains as set forth in the Code section. 3. Service of notice of the petition and the hearing to be held to consider same shall be as provided in O.C.G.A. § 15-9-86. 4. 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 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. 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. 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 72 [1] Eff. July 2021 IN THE PROBATE COURT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ) ) ___________________________________, ) ESTATE NO. ____________ DECEASED ) PETITION FOR DETERMINATION OF RIGHT OF DISPOSITION OF REMAINS OF A DECEDENT TO THE HONORABLE JUDGE OF THE PROBATE COURT: 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 decedent] First Middle Last whose place of domicile was ______________________________________________________, Street City County State Zip Code departed this life on ______________________, 20______. 2. Petitioner is: [Initial either (a) or (b) below] _______ (a) One of two or more persons with the same relationship to the decedent for purposes of the right to dispose of the remains as set forth in O.C.G.A. § 31-21-7. _______ (b) The funeral home with present custody of the remains of the decedent. 3. There are two or more persons with the same relationship to the decedent for purposes of the right to dispose of the remains as set forth in O.C.G.A. § 31-21-7, such persons being: Name Address Relationship to Decedent ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ GPCSF 72 [2] Eff. July 2021 4. There are no known persons having a higher priority pursuant to O.C.G.A. § 31-21-7 to make decisions concerning the disposition of the remains of the decedent than those listed in paragraph 3 of this petition. 5. The decedent: [Initial all that apply] ______ (a) had an advance directive that addressed the disposition of the principal’s body and is attached as “Exhibit ____.” ______ (b) did not have an advance directive that addressed the disposition of the principal’s body. If (a) is selected immediately above please list the person(s) named as the agent: Name Address Relationship to Decedent ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 6. [Initial all that apply] ______ (a) Of those persons listed above, the following have not participated in the attempt to determine the manner of disposition of the remains by agreement: _________________________________. Reasonable efforts have been made by one or more of the others named in paragraph 3 above to notify such person(s) and seek his/her/their participation. However, petitioner is not aware of any opposition to the decision of a majority of those participating. ______ (b) Of those persons listed above, the following have acknowledged service of notice of this petition and consent to the determination of the right of disposition of the remains of decedent: __________________________. GPCSF 72 [3] Eff. July 2021 7. Disagreement exists among those persons named in paragraph 3 of this petition as to the location, manner, and conditions of disposition of the remains of the decedent; and/or as to the arrangement for funeral goods and services to be provided. WHEREFORE, petitioner prays: 1. that a hearing be held by the Court, at a time and place and on a date set by the Court, after such notice as required by law; 2. that the Court determine the person to be the most fit and appropriate to carry out the right of disposition and make decisions regarding the remains of the decedent, upon consideration of the factors set forth in O.C.G.A. § 31-21-7 (d) (2); and 3. that an appropriate order issue in accordance with the Court’s determination of the right of disposition of the remains of the decedent. ____________________________________ Signature of Petitioner ____________________________________ Printed Name ____________________________________ ____________________________________ Mailing Address ____________________________________ Telephone Number Signature of Attorney: ______________________________________________________ Printed Name of Attorney: ______________________________________________________ Address: ______________________________________________________ ______________________________________________________ Telephone Number: __________________ State Bar #________________________ GPCSF 72 [4] Eff. July 2021 VERIFICATION GEORGIA, __________________ COUNTY Personally appeared before me the undersigned petitioner(s) who, after being duly sworn, state(s) that the facts set forth in the foregoing petition for determination of right of disposition of remains of a decedent (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 72 [5] Eff. July 2021 IN THE PROBATE COURT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ) ) ___________________________________, ) ESTATE NO. ____________ DECEASED ) PETITION FOR DETERMINATION OF RIGHT OF DISPOSITION OF REMAINS OF A DECEDENT ACKNOWLEDGMENT AND CONSENT I, the undersigned, being among those persons named in paragraph 3 of the petition for determination of right of disposition of remains of decedent, do hereby acknowledge service of notice of the filing of the petition and consent to the determination by the Court of the right of disposition of the remains of decedent and acknowledge that it is our responsibility to contact the Court to determine the date, time, and place of the hearing. 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 72 [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 72 [7] Eff. July 2021 IN THE PROBATE COURT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ) ) ___________________________________, ) ESTATE NO. ____________ DECEASED ) PETITION FOR DETERMINATION OF RIGHT OF DISPOSITION OF REMAINS OF A DECEDENT ORDER FOR SERVICE OF NOTICE The petition for determination of right of disposition of remains of a decedent having been filed, read, and considered, and it appearing to the Court that disagreement exists among two or more persons with the same relationship to the decedent for purposes of the right to dispose of the remains as set forth in O.C.G.A. § 31-21-7, IT IS ORDERED that a hearing on the petition shall be held on __________________, 20_____ at _________ a.m./p.m.. in Courtroom ___, ____________ County courthouse. IT IS ORDERED that notice of the time, date, and place of the hearing be issued and served upon the following: [Initial all that apply] ____ Those persons, other than the petitioner, if applicable, with the same relationship to the decedent for purposes of the right to dispose of the remains as set forth in O.C.G.A. § 31-21-7 named in paragraph 3 of the petition (including)(excluding) those persons named in paragraph 5 of such petition. Service of notice shall be by personal service to an employee of the funeral home having possession of the remains of decedent (unless the funeral home is the petitioner) and to any of those persons named in paragraph 3 of such petition who reside in this state, and by registered or certified mail or statutory overnight delivery, return receipt requested to any of said persons who are not residents of this state not less than 30 days prior to the hearing. ____ The funeral home in present custody of the remains of the decedent. Service of such notice shall be by personal service if said party resides in this State, or by registered or certified mail or statutory overnight delivery, return receipt requested, if said party resides outside of this State notifying him/her/them of the right to be and appear at the hearing and to be heard concerning the right of disposition of the remains of the decedent. Service of notice of such petition shall be made as provided in O.C.G.A. § 15-9-86. SO ORDERED this ________ day of ________________________, 20_______. ____________________________________ Judge of the Probate Court GPCSF 72 [8] Eff. July 2021 IN THE PROBATE COURT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ) ) ___________________________________, ) ESTATE NO. ____________ DECEASED ) PETITION FOR DETERMINATION OF RIGHT OF DISPOSITION OF REMAINS OF A DECEDENT NOTICE GEORGIA, ___________________________ COUNTY PROBATE COURT TO: [All persons upon whom the Court has ordered service of notice of the hearing.] ___________ ______________________________________________________________________________ BE NOTIFIED THAT:____________________________________________________ has filed a petition for the Court to determine the right of disposition of the remains of the decedent named above. A hearing has been set by the Court on _________________________, 20______ at _____ a.m./p.m. in Courtroom ___, _____________________ County courthouse. Those persons upon whom service has been ordered may be and appear before the Court at such hearing and be heard concerning the right of disposition of the remains of the decedent. ___________________________________ Judge of the Probate Court By: ________________________________ Clerk of the Probate Court ___________________________________ ___________________________________ Address ___________________________________ Telephone Number GPCSF 72 [9] Eff. July 2021 IN THE PROBATE COURT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ) ) ___________________________________, ) ESTATE NO. ____________ DECEASED ) CERTIFICATE OF MAILING I certify that I have this date mailed (unless otherwise noted) in an envelope with the proper postage affixed thereto for delivery via registered or certified mail or overnight statutory delivery, return receipt requested, copies of the _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ ___________________________ to the following parties at the addresses below: This _______ day of ________________, 20____. _____________________________________ Clerk of the Probate Court _____________________________________ _____________________________________ Address _____________________________________ Telephone Number GPCSF 72 [10] Eff. July 2021 IN THE PROBATE COURT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ) ) ___________________________________, ) ESTATE NO. ____________ DECEASED ) PETITION FOR DETERMINATION OF RIGHT OF DISPOSITION OF REMAINS OF A DECEDENT FINAL ORDER The petition of _____________________________________________ for determination of the right of disposition of the remains of the decedent named above having been filed, and The same having come before the Court at the place and time and on the date set by the Court, and Upon hearing and considering the evidence presented to the Court, taking into account those factors set forth in O.C.G.A. § 31-21-7 (d) (2), the Court finds that ________________________ is the most fit and proper person to make decisions concerning the disposition of the remains of the decedent. WHEREUPON, IT IS ORDERED that________________________________ shall have the sole and exclusive right to make all decisions concerning the disposition of the remains of the decedent, including but not limited to the location, manner and conditions of disposition of the remains of the decedent and/or as to the arrangement for funeral goods and services to be provided; provided, however, that expenses and costs of same shall not exceed a reasonable amount under the circumstances of the estate of the decedent and the ability of the estate to bear such expenses and costs. IT IS FURTHER ORDERED that the clerk shall notify the funeral home by telephone that a copy of the order may be obtained from the Court, which copy may, upon request, be transmitted by facsimile or by attachment to electronic mail; and shall mail via First-Class Mail a copy of the order to all interested persons named in the petition. [Initial if applicable] _____ IT IS FURTHER ORDERED that the costs of these proceedings and the reasonable attorney fees for the filing of same that were incurred and paid by the funeral home may be added to the cost of final disposition of the remains of the decedent. SO ORDERED this ________ day of ________________________, 20_______. ____________________________________ Judge of the Probate Court GPCSF 72 [11] Eff. July 2021 IN THE PROBATE COURT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ) ) ___________________________________, ) ESTATE NO. ____________ DECEASED ) PETITION FOR DETERMINATION OF RIGHT OF DISPOSITION OF REMAINS OF A DECEDENT CERTIFICATE OF MAILING I do hereby certify that I have this day: [Initial all that apply] _____ notified the funeral home by telephone that a copy of the order may be obtained from the Court (and, at the request of the funeral home,)(transmitted a copy of the order by facsimile)(transmitted a copy as an attachment to electronic mail). _____ mailed by First-Class Mail a copy of the order to each person upon whom service of notice was ordered by placing a copy of same in an envelope, properly addressed and with adequate postage thereon, and deposited in the U.S. Mail, with the return address of this Court thereon. __________________________ _____________________________________ Date Clerk of the Probate Court _____________________________________ _____________________________________ Address _____________________________________ Telephone Number