Petition For Leave To Encroach On Corpus

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 Encroach On Corpus 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 Encroach On Corpus

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Petition For Leave To Encroach On Corpus:

• 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 20 - Petition For Leave To Encroach On Corpus 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 20, 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 20 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 20 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 Encroach On Corpus 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?

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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 20 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 20, and when in doubt— consult a qualified trust & estates lawyer for that area.

Petition For Leave To Encroach On Corpus 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 20 - Petition For Leave To Encroach On Corpus 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 Encroach On Corpus 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 20 - Petition For Leave To Encroach On Corpus. You can use this to get an idea of the context of the form and what type of information is needed.

GPCSF 20 [i] Eff. July 2021 PETITION FOR LEAVE TO ENCROACH ON CORPUS INSTRUCTIONS I. Specific Instructions 1. This form is to be used for filing a petition for leave to encroach on corpus pursuant to O.C.G.A. §§ 29-3-22 (c); 29-5-23 (c). 2. A guardian ad litem must be appointed each time this petition is filed. 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 20 [1] Eff. July 2021 IN THE PROBATE COURT OF _________________________COUNTY STATE OF GEORGIA IN RE: ) ESTATE NO. ____________ ) ___________________________________, ) MINOR/WARD ) ) ___________________________________, ) CONSERVATOR(S) ) PETITION FOR LEAVE TO ENCROACH ON CORPUS TO THE HONORABLE JUDGE OF THE PROBATE COURT: The petition of _______________________________________, conservator(s) of ______________________________________________________, (minor)(ward) shows: 1. As such conservator(s), petitioner(s) has/have in hand assets valued at $___________. The conservator(s) expect(s) that the minor/ward will have income of $___________ during the next accounting period. 2. The income from said assets or budget approved by the Court, if any, is insufficient for the maintenance, support, and education of said minor/ward (and/or __________________________, who is/are legally dependent upon said ward). 3. There are no other assets available to petitioner(s) to maintain, support and educate the person(s) indicated in paragraph 2 above. 4. By prior Court order(s), the petitioner(s) was/were permitted to disburse $ __________ per month for the benefit of the minor/ward. 5. Since the inception of the conservatorship, petitioner(s) has/have previously encroached on the corpus of this estate in the total amount of approximately $________________________. GPCSF 20 [2] Eff. July 2021 6. The encroachment requested in this petition is needed for the following purpose(s) of support, care, education, health, and welfare of the person(s) indicated in paragraph 2 above in order to provide the following specific items (attach separate sheet if necessary): _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ WHEREFORE petitioner(s) pray(s) that the Court 1. appoint a guardian ad litem; and 2. grant an order allowing petitioner to expend from the corpus of the minor/ward’s estate, the sum of $ __________________ for the purposes set forth above. _____________________________________ ____________________________________ Signature of First Petitioner Signature of Second Petitioner, if any _____________________________________ ____________________________________ Printed Name Printed Name _____________________________________ ____________________________________ _____________________________________ ____________________________________ Address Address _____________________________________ ____________________________________ Telephone Number Telephone Number Signature of Attorney: _________________________________________________ Typed/printed Name of Attorney: _________________________________________________ Address: _________________________________________________ _________________________________________________ Telephone Number: ______________________ State Bar #_________________ GPCSF 20 [3] Eff. July 2021 VERIFICATION GEORGIA, __________________________________ COUNTY Personally appeared before me the undersigned petitioner(s) who on oath state(s) that the facts set forth in the foregoing petition are true. Sworn to and subscribed before me this ______ day of _______________, 20_____ _____________________________________ First Petitioner ___________________________________ _____________________________________ NOTARY/CLERK OF PROBATE COURT Printed Name My Commission Expires: ________________ -------------------------------------------------------------------------------------------------------------------------------------------- Sworn to and subscribed before me this ______ day of _______________, 20_____ _____________________________________ Second Petitioner, if any ___________________________________ _____________________________________ NOTARY/CLERK OF PROBATE COURT Printed Name My Commission Expires: ________________ GPCSF 20 [4] Eff. July 2021 IN THE PROBATE COURT OF _________________________COUNTY STATE OF GEORGIA IN RE: ) ESTATE NO. ____________ ) ___________________________________, ) MINOR/WARD ) ) ___________________________________, ) CONSERVATOR(S) ) PETITION FOR LEAVE TO ENCROACH ON CORPUS ORDER APPOINTING GUARDIAN AD LITEM A petition to encroach being filed by the conservator(s) of the above-named minor/ward, it is hereby ORDERED that _______________________________________ is appointed guardian ad litem for the above minor/ward. The deputy clerk shall serve said guardian ad litem with a copy of this order and the above petition. Upon said guardian ad litem’s acceptance of same, said guardian ad litem shall make answer hereto. SO ORDERED this __________ day of _____________________, 20_____. ___________________________________ Judge of the Probate Court GPCSF 20 [5] Eff. July 2021 IN THE PROBATE COURT OF _________________________COUNTY STATE OF GEORGIA IN RE: ) ESTATE NO. ____________ ) ___________________________________, ) MINOR/WARD ) ) ___________________________________, ) CONSERVATOR(S) ) PETITION FOR LEAVE TO ENCROACH ON CORPUS ANSWER OF GUARDIAN AD LITEM I hereby accept the foregoing appointment, acknowledge service and notice of the proceedings as provided by law, and for answer say: _________________________________ _______________________________________ DATE GUARDIAN AD LITEM _______________________________________ _______________________________________ Address _______________________________________ Telephone Number GPCSF 20 [6] Eff. July 2021 IN THE PROBATE COURT OF _________________________COUNTY STATE OF GEORGIA IN RE: ) ESTATE NO. ____________ ) ___________________________________, ) MINOR/WARD ) ) ___________________________________, ) CONSERVATOR(S) ) ORDER PETITION FOR LEAVE TO ENCROACH ON CORPUS Upon reading and considering the foregoing petition, and it appearing that the averments therein made are true, and the guardian ad litem for the minor/ward filing an answer to the petition which raised no objection to the grant of the petition; it is ordered that, to the extent indicated below, the same be, and is hereby, granted; said conservator(s) is/are hereby: [Initial applicable] ________ (a) allowed to expend from the corpus of said minor’s/ward’s estate up to the sum of $ _______________ for the specific items set forth in said petition for the purpose of support, care, education, health, and welfare of the person(s) indicated in paragraph 2 of the petition, and said conservator(s) must show in his/her/their annual returns how such funds are actually spent. ________ (b) allowed to increase his/her/their monthly budget to $ ___________ per month and said conservator(s) must show in his/her/their annual returns how such funds are actually spent. SO ORDERED this ____________ day of _____________________, 20_______. _________________________________________ Judge of the Probate Court