Petition For Discharge Of Personal Representative

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 Discharge Of Personal Representative 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 Discharge Of Personal Representative

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Petition For Discharge Of Personal Representative:

• 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 33 - Petition For Discharge Of Personal Representative 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 33, 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 33 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 33 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 Discharge Of Personal Representative 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.

Need help getting in touch with a local probate court or identifying a domicile probate jurisdiction?

👉 Find and Contact your Local Probate Court

👉 What is a Domicile Jurisdiction?

Sponsored by Atticus App

Need help with Georgia Probate?

Join all the other families who have trusted Atticus through probate, and experience the peace that comes from knowing you're taking the right steps, spending the least amount of money, and not wasting a single second.

Start for free

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 33 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 33, and when in doubt— consult a qualified trust & estates lawyer for that area.

Petition For Discharge Of Personal Representative 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 33 - Petition For Discharge Of Personal Representative 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 Discharge Of Personal Representative 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 33 - Petition For Discharge Of Personal Representative. You can use this to get an idea of the context of the form and what type of information is needed.

GPCSF 33 [i] Eff. J uly 2021 PETITION FOR DISCHARGE OF PERSONAL REPRESENTATIVE INSTRUCTIONS I. Specific Instructions 1. This form is to be used for a petition for discharge of a personal representative pursuant to O.C.G.A. § 53-7-50 or discharge of a temporary administrator pursuant to O.C.G.A. § 53-7-52. A personal representative may, pursuant to O.C.G.A. § 53-7-50 (e), petition the court solely for discharge from office but not from all liability. 2. If the petition is filed by a personal representative, the notice to debtors and creditors must have been published for four weeks, and three months must have elapsed from the date of the last publication. O.C.G.A. §§ 53-7 -41; 53-11-4. 3. Signatures of heirs who acknowledge service must be sworn to before a notary public or the clerk of any probate court of this State. It is not necessary that all acknowledgments appear on the same page. An attorney at law may acknowledge service on behalf of an heir. However, such attorney must certify that he or she currently represents that heir 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. 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. 4. O.C.G.A. § 53-11-2 provides that a party to a probate proceeding who is not sui juris, is unborn, or is unknown 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. Further, the Court may appoint a guardian ad litem for a deceased heir whose estate has no personal representative. If a guardian ad litem is necessary, use GPCSF Supplement 1. 5. Use GPCSF Supplement 2 if the Court determines it is appropriate to appoint a special process server. 6. Use GPCSF Supplement 3 if an additional certificate of service is necessary. GPCSF 33 [ii] Eff. J uly 2021 7. If the decedent died intestate, paragraph 3 requires that a definitive statement be made to show to the court that the persons named in paragraph 2 constitute all of the heirs of the decedent and that there are no heirs of the same or closer degree according to O.C.G.A. § 53 -2 -1. Provide the date of death for any deceased heirs. [If you are uncertain how to determine the heirs of a decedent, please refer to the “Heirs Determination Sheet” 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”; and (c) “Decedent’s brother who died previously had no other children born, adopted, living, or deceased, other than listed herein.” 8. 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 33 [1] Eff. July 2021 IN THE PROBATE COURT OF ___________________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ____________________________________, ) ESTATE NO. __________________ DECEASED ) PETITION FOR DISCHARGE OF PERSONAL REPRESENTATIVE The petition of _________________________________________________________, as (executor(s))(administrator(s))(temporary administrator(s)) of the above-referenced estate, shows: 1. Petitioner(s) [Initial one]: ______ (a) has/have fully administered the estate of the decedent. ______ (b ) was/were allowed to resign without fully administering said estate. ______ (c) has/have completely discharged all duties as temporary administrator(s). 2. Listed below are all of the heirs of the intestate decedent or beneficiaries of the testate d ecedent, or persons who succeeded to the interest of any heir or beneficiary who died after the d ecedent died: Name Age (or over 18) Address Relationship _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ GPCSF 33 [2] Eff. July 2021 [If discharge is sought solely from office and not from office and all liability, STRIKE paragraphs 3 and 4 below.] 3. Required: [If the decedent died intestate (without a will), make a definitive statement with 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 similar or closer degree according to O.C.G.A. §53-2- 1. Provide the names of any deceased heirs 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, please indicate the deceased ancestor through whom they are related to the decedent.] _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _ ____________________________________________________________________________________ 4. Of those named in paragraph 2 above, it is not necessary to notify the following heirs or beneficiaries (a) who have relieved the personal representative of all liability and as to each of whom a copy of the writing(s) granting such relief is/are attached hereto; or (b) with respect to whom the p ersonal representative has been relieved of all further liability in (a settlement of accounts)(an intermediate report)(other binding proceeding) pursuant to an order of this Court dated _____________________________________ and hereby incorporated herein as follows: ______________________________________________________________________________ ______________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ 5. The following heirs or beneficiaries are represented or should be represented by a guardian [S tate names of heir/beneficiary and guardian, if one has already been appointed, and reason guardian needed/appointed]: ___________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ 6. All claims against the estate have been paid (except for the following that have not been paid for the reasons set forth below) [Provide names and addresses for service]: _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ GPCSF 33 [3] Eff. J uly 2021 7. [Initial one]: ____ All necessary (inventories)(and)(returns) have been filed. ____ Petitioner was relieved of filing (inventories)(and)(returns). 8. Additional Data: [Where full particulars are lacking, state here the reasons for any such omission.] _____________________________________________________________________________________ _____________________________________________________________________________________ WHEREFORE, p etitioner(s) pray(s): [Initial one] ______ (a) to be discharged solely from office and, therefore, pray(s) that notice issue and be published one time in the official county newspaper with copies thereof being mailed by First-Class Mail to the creditors named in p aragraph 6 above and that an order issue discharging the petitioner(s) from office. OR ______ (b) to be discharged from office and all liability and, therefore, pray(s) that notice issue and be served and published as required by law and that an order issue releasing and discharging the petitioner(s) from office and from all liability. _________________________________ Signature of Petitioner _________________________________ Printed Name _________________________________ Mailing Address _________________________________ _________________________________ Telephone Number Signature of Attorney: ______________________________________________________ Printed Name of Attorney: ______________________________________________________ Address: ______________________________________________________ ______________________________________________________ Telephone Number: __________________ State Bar #________________________ GPCSF 33 [4] Eff. J uly 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 d ischarge of personal representative (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 33 [5] Eff. J uly 2021 IN THE PROBATE COURT OF ___________________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ____________________________________, ) ESTATE NO. __________________ DECEASED ) ACKNOWLEDGMENT OF SERVICE AND CONSENT TO PETITION The undersigned, being 18 years of age or older, laboring under no legal disability and being heirs or beneficiaries or unpaid purported creditors of the above-named d ecedent, hereby acknowledge service of a copy of the petition for discharge of personal representative, and notice, waive copies of same, waive further service and notice, and hereby consent to the petition. Sworn to and subscribed before me this _____day of_______________, 20____. ______________________________________ Signature of Interested Party ______________________________________ ______________________________________ NOTARY/CLERK OF PROBATE COURT Printed Name of Interested Party My Commission Expires:_______________ ------------------------------------------------------------------------------------------------------------------------------ Sworn to and subscribed before me this _____day of_______________________, 20____. ______________________________________ Signature of Interested Party ______________________________________ ______________________________________ NOTARY/CLERK OF PROBATE COURT Printed Name of Interested Party My Commission Expires: ______________ ------------------------------------------------------------------------------------------------------------------------------ Sworn to and subscribed before me this _____day of_______________________, 20____. ______________________________________ Signature of Interested Party ______________________________________ ______________________________________ NOTARY/CLERK OF PROBATE COURT Printed Name of Interested Party My Commission Expires: _______________ ------------------------------------------------------------------------------------------------------------------------------ Sworn to and subscribed before me this _____day of_______________________, 20____. ______________________________________ Signature of Interested Party ______________________________________ ______________________________________ NOTARY/CLERK OF PROBATE COURT Printed Name of Interested Party My Commission Expires: _______________ ------------------------------------------------------------------------------------------------------------------------------ Sworn to and subscribed before me this _____day of_______________________, 20____. ______________________________________ Signature of Interested Party ______________________________________ ______________________________________ NOTARY/CLERK OF PROBATE COURT Printed Name of Interested Party My Commission Expires:_______________ GPCSF 33 [6] Eff. J uly 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 33 [7] Eff. J uly 2021 IN THE PROBATE COURT OF ___________________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ____________________________________, ) ESTATE NO. __________________ DECEASED ) ORDER FOR SERVICE OF NOTICE [Initial A. (discharge solely from office) or B. (discharge from office and all liability)] ______ A. The petition for discharge of personal representative having been filed, seeking discharge solely from office, it is ordered that notice be published one time in the newspaper in which sheriff’s advertisements are published in this county at least ten days before ___________________, 20 _______ and that a copy of the petition and notice be mailed by First- Class Mail to the creditors whose claims have not been paid as set forth in paragraph 6 of the petition. ______ B. The petition for discharge of personal representative having been filed, seeking discharge from office and all liability, it is ordered that all heirs or beneficiaries or unpaid creditors who did not acknowledge service and consent to the petition be served as follows: [Initial all that apply] ______ Notice, together with a copy of the petition, shall be served personally, or by registered or certified mail or statutory overnight delivery, as requested by the petitioner(s) pursuant to O.C.G.A. § 53-11-3, at least 30 days before the deadline for filing objections on the following interested parties who reside in Georgia: _____________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______ Notice, together with a copy of the petition, shall be served by registered or certified mail, return receipt requested, pursuant to O.C.G.A. § 53-11-4, upon the following nonresident interested parties whose current residence addresses are known: ________________ ______________________________________________________________________________ ______________________________________________________________________________ ______ Notice shall be published once a week for four weeks in the legal organ of this county, before ___________________, 20_______ in order to serve by publication the following interested parties whose current residence addresses are unknown: _________________________ ______________________________________________________________________________ ______________________________________________________________________________ GPCSF 33 [8] Eff. J uly 2021 _______ [Applies in all cases unless notice is published for four weeks] Notice shall be published one time in the legal organ of this county at least ten days before _______________________, 20______ which is the date on or before which any objection is required to be filed. SO ORDERED this ________ day of _____________________, 20_____. ______________________________________ Judge of the Probate Court GPCSF 33 [9] Eff. J uly 2021 IN THE PROBATE COURT OF ___________________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ____________________________________, ) ESTATE NO. __________________ DECEASED ) NOTICE [For discharge solely from office] IN RE: Petition for Discharge of Personal Representative TO: ____________________________________________________________________________ ____________________________________________________________________________ [List all creditors who did not acknowledge service whose claims have not been paid.] and to whom it may concern: This is to notify you to file an objection, if there is any, to the petition for discharge of personal representative, in this Court on or before ___________________________, 20______. BE NOTIFIED FURTHER: All objections to the Petition must be in writing, setting forth the grounds of any such objections. All objections should be sworn to before a notary public or before a probate court clerk, and filing fees must be tendered with your objections, unless you qualify to file as an indigent party. Contact probate court personnel for the required amount of filing fees. If any objections are filed, a hearing will be (held on __________________________) (scheduled at a later date). If no objections are filed, the petition may be granted without a hearing. _____________________________________ Judge of the Probate Court By: _________________________________ Clerk of the Probate Court ______________________________________ ______________________________________ Address ______________________________________ Telephone Number GPCSF 33 [10] Eff. July 2021 IN THE PROBATE COURT OF ___________________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ________________________ ____________,) ESTATE NO. __________________ DECEASED ) NOTICE [For discharge from office and all liability] IN RE: Petition for Discharge of Personal Representative [Strike any paragraph if not applicable] TO: _____________________________________________________________________________ __________________________________________________________________________________ [List here all interested parties having unknown addresses to be served by publication] and (all and singular the heirs of said decedent,)(the beneficiaries under the will,) and to whom it may concern: This is to notify you to file an objection, if there is any, to the above-referenced petition, in this Court on or before_________________, 20_____. TO: ________________________________________________________________________ ______________________________________________________________________________ [List here all heirs having known addresses in the continental U.S. to be served by registered or certified or statutory overnight delivery with restricted delivery to the addressee, if specifically requested by the petitioner(s)] This is to notify you to file an objection, if there is any, to the above-referenced petition, in this Court on or before the 30th day after_____________________, 20 ______ (the date of the mailing of this notice to you by certified or registered mail, return receipt requested); provided, however, that if a return receipt for such notice is actually received by the Court within such 30 days, the deadline for the filing of any objection shall be 3 0 days from the date of receipt shown on such return receipt. TO: ________________________________________________________________________ ________________________________________________________________________ [List here all heirs having known addresses outside the continental U.S. to be served by registered or certified mail or statutory overnight delivery with restricted delivery to the addressee, if specifically requested by the petitioner(s)] This is to notify you to file an objection, if there is any, to the above-referenced petition, in this Court on or before the 30th day after ______________ ____, 20____ (the date of the mailing of this n otice to you by certified or registered mail, return receipt requested); provided, however, that if a return receipt for such n otice is actually received by the Court within such 30 days, the deadline for the filing of any objection shall be 30 days from the date of receipt shown on such return receipt. GPCSF 33 [11] Eff. J uly 2021 TO: ______________________________________________________________________________ ______________________________________________________________________________ [List here all interested parties who reside in Georgia to be served personally or by registered or certified mail or statutory overnight delivery with restricted delivery to the addressee, if specifically requested by the petitioner(s)] This is to notify you who are required to be served personally, to file an objection, if there is any, to the above-referenced petition, in this Court on or before the 30th day after the date you are personally served or sign the return receipt. BE NOTIFIED FURTHER: All objections to the p etition must be in writing, setting forth the grounds of any such objections. All objections should be sworn to before a notary public or before a p robate court clerk, and filing fees must be tendered with your objections, unless you qualify to file as an indigent party. Contact probate court personnel for the required amount of filing fees. If any objections are filed, a hearing will be (held on ______________________, 20___)(scheduled at a later date). If no objections are filed, the petition may be granted without a hearing. _____________________________________ Judge of the Probate Court By: _________________________________ Clerk of the Probate Court ________________________ _____________ _____________________________________ Address _____________________________________ Telephone Number GPCSF 33 [12] Eff. July 2021 IN THE PROBATE COURT OF ___________________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ____________________________________,) ESTATE NO. __________________ DECEASED ) CERTIFICATE OF SERVICE This is to certify that I have this date mailed (unless otherwise noted) in an envelope with the proper postage affixed thereto for First-Class Mmail 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 33 [13] Eff. July 2021 IN THE PROBATE COURT OF ___________________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ___________________________________, ) ESTATE NO. __________________ DECEASED ) FINAL ORDER The foregoing petition for d ischarge of ______________________________ as _______________________________________ was filed. The Court finds that no objection has been filed and all requirements of law have been fulfilled. ACCORDINGLY, IT IS ORDERED that petitioner(s) be, and is/are hereby, discharged [Initial one] _____ (a) solely from office; or _____ (b) from office and all liability. SO ORDERED this _______________ day of _________________, 20____. ___________________________________________ Judge of the Probate Court