Petition For Leave To Convey Or Encumber Property Previously Set Aside As Year’s Support

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 Leave To Convey Or Encumber Property Previously Set Aside As Year’s Support 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 Leave To Convey Or Encumber Property Previously Set Aside As Year’s Support

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Petition For Leave To Convey Or Encumber Property Previously Set Aside As Year’s Support:

• 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 17 - Petition For Leave To Convey Or Encumber Property Previously Set Aside As Year’s Support 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 17, 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 17 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 17 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 Leave To Convey Or Encumber Property Previously Set Aside As Year’s Support 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 17 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 17, and when in doubt— consult a qualified trust & estates lawyer for that area.

Petition For Leave To Convey Or Encumber Property Previously Set Aside As Year’s Support 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 17 - Petition For Leave To Convey Or Encumber Property Previously Set Aside As Year’s Support 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 Leave To Convey Or Encumber Property Previously Set Aside As Year’s Support 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 17 - Petition For Leave To Convey Or Encumber Property Previously Set Aside As Year’s Support. You can use this to get an idea of the context of the form and what type of information is needed.

GPCSF 17 [i] Eff. July 2021 PETITION FOR LEAVE TO CONVEY OR ENCUMBER PROPERTY PREVIOUSLY SET APART AS YEAR’S SUPPORT INSTRUCTIONS I. Specific Instructions 1. This form is to be used when petitioning for leave to convey or encumber property set apart as year’s support, pursuant to O.C.G.A. § 53-3-20. 2. This form is prepared on the assumption that the surviving spouse is the petitioner. If this is not the case, modify the form accordingly. The petition may be brought either by a surviving spouse who participated in the award or by the guardian of the property of a minor child who participated in the award. 3. A recent appraisal should be used if available; otherwise, a copy of the most recent ad valorem tax statement should be provided. If the appraised value or tax value is higher than the selling price, explain the discrepancy on an additional sheet, and add a reference to this in paragraph 5 of the petition. In addition, if there is a sales contract, a copy of the contract should be attached to this petition as an exhibit. 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. Use GPCSF Supplement 3 when an additional certificate of service is necessary. 6. 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. 7. Necessity for filing; venue a. Pursuant to O.C.G.A. § 53-3-19, it is not necessary to obtain probate court approval if the children for whom the award was made who are now sui juris will join in the conveyance or encumbrance, unless at least one of the children for whom the award was made is still a minor. b. Venue: The petition must be filed in the county where the year’s support award was originally granted. O.C.G.A. § 53-3-19 (b). 8. Method of service pursuant to O.C.G.A. § 53-3-20 is required. a. Adult children for whose benefit the year’s support was set apart with known addresses in this State who do not acknowledge service shall be served personally not less than ten days prior to the date set for hearing. GPCSF 17 [ii] Eff. July 2021 b. 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, such 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. c. Adult children for whose benefit the year’s support was set apart with unknown addresses or residing out of this State who do not acknowledge service shall be served by: i. Publication of notice in the legal organ one time not less than 30 days prior to the date set for hearing; ii. Posting of notice at the courthouse not less than 30 days prior to the date set for hearing; and iii. Mailing by First-Class Mail a copy of the notice to the last known address not less than 30 days prior to the date set for hearing. d. 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. If a guardian ad litem is necessary because a party is not sui juris, use GPCSF Supplement 1. 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 17 [1] Eff. July 2021 IN THE PROBATE COURT OF _________________COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ________________________________, ) ESTATE NO. _____________ DECEASED ) PETITION FOR LEAVE TO CONVEY OR ENCUMBER PROPERTY PREVIOUSLY SET APART AS YEAR’S SUPPORT 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 and being the ______________ of the above-named decedent, shows to the Court the following: Relationship [The petition may be brought either by a surviving spouse who participated in the award or by the conservator of a minor child who participated in the award.] 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. On ________________, 20________, the probate court of this county awarded a year’s support to the petitioner and the following child(ren) of said decedent: Last Known Address Present Name Current Address (if current unknown) Age ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ GPCSF 17 [2] Eff. July 2021 3. The year’s support award included the following described real estate located in ____________________________________ County, Georgia. A complete legal description of such real property is: 4. It is necessary for petitioner to (convey)(encumber) said property for the purpose of: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 5. The nature and terms of said (conveyance)(encumbrance) are as follows: [Initial (a) or (b)] ______ (a) Sale according to the conditions and terms of the contract. ______ (b) Encumbrance of the real property to secure a loan in the principal amount of $____________________, the interest rate being __________% per annum, and to be repaid at the rate of $_________________ per month for ____ months; if needed, petitioner will execute a deed to secure debt for the purpose of securing the loan. Attached hereto as “Exhibit ____” is a copy of the contract for, sale, lien, or encumbrance of real estate. Attached hereto as “Exhibit ____” is a copy of the most recent ad valorem tax or appraisal showing the current value of the property to be $________________________________. GPCSF 17 [3] Eff. July 2021 6. With respect to any child named in paragraph 2 above whose current address is shown as “unknown,” petitioner certifies that the current address is unknown to petitioner and cannot be easily ascertained, and that the last known address for any such person is listed in paragraph 2. 7. Of the children named in paragraph 2 above, ___________________________________ ______________________________________________________________________________ is/are still under the age of 18, and must have a guardian ad litem appointed to represent him/her/them. WHEREFORE the petitioner prays in accordance with O.C.G.A. § 53-3-20: 1. That a hearing be set on this petition; 2. That a guardian ad litem be appointed to represent the minor children concerned; and 3. That the petition be granted after notice as required by law. ____________________________________ Signature of Petitioner ____________________________________ Printed Name ____________________________________ ____________________________________ Mailing Address ____________________________________ Telephone Number Signature of Attorney: ______________________________________________________ Printed Name of Attorney: ______________________________________________________ Address: ______________________________________________________ ______________________________________________________ Telephone Number: __________________ State Bar # _________________________ GPCSF 17 [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 leave to convey or encumber property previously set apart as year’s support heretofore awarded from the estate of the above decedent as year’s support (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 17 [5] 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 17 [6] Eff. July 2021 IN THE PROBATE COURT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ___________________________________, ) ESTATE NO. ____________ DECEASED ) PETITION FOR LEAVE TO CONVEY OR ENCUMBER PROPERTY PREVIOUSLY SET APART AS YEAR’S SUPPORT ORDER FOR SERVICE OF NOTICE The foregoing petition having been read and considered, let notice issue and be served personally pursuant to O.C.G.A. § 53-11-3 upon all children with known addresses who are age 18 or over and have not acknowledged service. If there are any children whose current addresses are unknown who are age 18 or over and have not acknowledged service, then the following notice shall be published one time at least 30 days prior to the hearing, and a copy of the notice shall be posted at the courthouse and served to the last known addresses of any such children at least 30 days prior to the date set for the hearing in conformity with O.C.G.A. § 15-9-17. This _______ day of __________, 20____. _______________________________________ Judge of the Probate Court GPCSF 17 [7] Eff. July 2021 IN THE PROBATE COURT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ___________________________________, ) ESTATE NO. ____________ DECEASED ) PETITION FOR LEAVE TO CONVEY OR ENCUMBER PROPERTY PREVIOUSLY SET APART AS YEAR’S SUPPORT NOTICE To: ________________________________________________________________________ _____________________________________________ and to whom it may concern: A petition has been filed seeking an order of this Court granting leave to (convey) (encumber) certain property heretofore set apart from the estate of the above-named decedent as year’s support. This is to notify those persons named above who are not required to be personally served that they must file their response to the petition with the Court on ____________________, 20____, and the persons who are required to be personally served are: ______________________________________________________________________________ [List children with known addresses.] and they must file their response by the above date or the 30th day after they are personally served, whichever is later. 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 _____________________, 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 GPCSF 17 [8] Eff. July 2021 IN THE PROBATE COURT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ___________________________________, ) ESTATE NO. ____________ DECEASED ) CERTIFICATE OF SERVICE [Notice should be given to all interested parties and the personal representative, if one has been appointed, of the decedent’s estate and the tax commissioner for any county in which the decedent owned property must be listed here.] 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 17 [9] Eff. July 2021 IN THE PROBATE COURT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ___________________________________, ) ESTATE NO. ____________ DECEASED ) ACKNOWLEDGMENT OF SERVICE AND CONSENT BY ADULT CHILDREN I hereby acknowledge service of the petition of ________________________________ for leave to sell or encumber the property set apart as year’s support to the persons shown in the petition. I am over 18 years of age and suffer no mental disability. I hereby consent to the granting of the petition, and I agree the petitioner should be allowed to make the (encumbrance) (conveyance). 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 17 [10] Eff. July 2021 IN THE PROBATE COURT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ___________________________________, ) ESTATE NO. ____________ DECEASED ) ORDER The petition of __________________________________________________, praying for leave to (convey)(encumber) certain real property heretofore awarded from the estate of the above decedent as year’s support, having been read and considered, and it appearing to the Court that notice was duly issued and served as required by law; it further appearing that a guardian ad litem was duly appointed to represent the interests of the minor child(ren) __________________ ____________________________________________________ who are still under the age of 18, who has made answer thereto approving the proposed transaction; it also appearing that no objections have been filed in this matter, and that it is necessary and in the best interests of the minor child(ren) _________________________________________ still under the age of 18 that said real property be (conveyed)(encumbered) as set forth in the petition; IT IS ORDERED that said petition to (convey)(encumber) be, and the same is hereby, GRANTED. This ____ day of _____________, 20____. _______________________________________ Judge of the Probate Court