Petition For Leave To Sell Perishable Property By 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 Leave To Sell Perishable Property By 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 Leave To Sell Perishable Property By Personal Representative

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Petition For Leave To Sell Perishable Property By 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 71 - Petition For Leave To Sell Perishable Property By 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 71, 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 71 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 71 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 Sell Perishable Property By 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?

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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 71 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 71, and when in doubt— consult a qualified trust & estates lawyer for that area.

Petition For Leave To Sell Perishable Property By 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 71 - Petition For Leave To Sell Perishable Property By 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 Leave To Sell Perishable Property By 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 71 - Petition For Leave To Sell Perishable Property By Personal Representative. You can use this to get an idea of the context of the form and what type of information is needed.

GPCSF 71 [i] Eff. July 2021 PETITION FOR LEAVE TO SELL PERISHABLE PROPERTY BY PERSONAL REPRESENTATIVE INSTRUCTIONS I. Specific Instructions 1. This form is to be used when filing a petition for leave to sell property which is perishable, liable to deteriorate from keeping, or expensive to keep, pursuant to O.C.G.A. § 53-8-11. 2. Under O.C.G.A. § 53-8-11, the order for sale may be granted only after such notice and opportunity for hearing, if any, as the Court deems practicable under the circumstances. Further, the sale shall be as soon as practicable and in such manner as the Court determines to be in the best interest of the estate. Therefore, all notice provisions set forth in this form may be altered by the Court if necessary. 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 71 [1] Eff. July 2021 PROBATE COURT OF COUNTY STATE OF GEORGIA IN RE: ) ESTATE NO. ________________ ) , ) DECEASED ) PETITION FOR LEAVE TO SELL PERISHABLE PROPERTY The petition of __________________________________________________________ (personal representative(s))(temporary administrator(s)) of the estate, shows that the following personal property: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ is perishable in nature, liable to deteriorate from keeping, or expensive to keep, and that it is in the best interest of this estate that said property be sold as soon as practicable. Petitioner therefore prays for an order authorizing petitioner to sell said property for the highest valid offer received using the following method and terms of sale: _________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ____________________________________ ____________________________________ Signature of First Petitioner Signature of Second Petitioner, if any ____________________________________ ____________________________________ Printed Name Printed Name ____________________________________ ____________________________________ Address Address ____________________________________ ____________________________________ ____________________________________ ____________________________________ Phone Number Phone Number Signature of Attorney: ______________________________________________________ Printed Name of Attorney: ______________________________________________________ Address: ______________________________________________________ ______________________________________________________ Telephone Number: __________________ State Bar #________________________ GPCSF 71 [2] 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 71 [3] Eff. July 2021 PROBATE COURT OF COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ESTATE NO. ) , ) DECEASED ) FINAL ORDER (Without opportunity to object) The petition of _______________________________________________, as (personal representative(s))(temporary administrator(s)) of the estate of the above-named decedent, for leave to sell perishable property was filed. The Court finds that said property is (perishable)(liable to deteriorate from keeping)(or)(expensive to keep) and it is in the best interests of the estate that the property be sold for the highest valid offer received using the method and terms of sale set forth in the petition. THEREFORE, IT IS HEREBY ORDERED that due to the nature of the property, no notice is required prior to the sale. IT IS FURTHER ORDERED that the petitioner(s) be, and is/are hereby, granted leave to sell the said property for the highest valid offer received using the method and terms of sale set forth in the petition. The petitioner(s) shall file a report of sale, within ten days after the sale, reporting the results of the sale. IT IS FURTHER ORDERED that a copy of this order shall be served by first class mail on the sui juris (heirs of decedent)(beneficiaries who would have received such property under the will of decedent). SO ORDERED, this _________________day of_________________________, 20____. ______________________________________ Judge of the Probate Court GPCSF 71 [4] Eff. July 2021 PROBATE COURT OF COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ESTATE NO. ) , ) DECEASED ) ORDER (With opportunity to object) Upon reading and considering the foregoing petition, and it appearing that the facts stated therein are true, and it appearing to the Court that it is not practicable to afford notice or a hearing prior to ruling upon the petition; IT IS ORDERED that the petitioner(s) shall give notice of the property to be sold, the method and terms of such sale, the date and place of sale, and the means by which offers may be made as set forth below (check one or both): ______ by _____________________________________________________________________ ________________________________________________________________________ _______________________________________________________________________ ; ______ by serving a copy of the petition and this order in person or by First-Class Mail on the sui juris (heirs of decedent)(beneficiaries who would have received such property under will of decedent) at least 30 days prior to the date of the sale; IT IS FURTHER ORDERED that any objection to the proposed sale, the method of sale, the date and place of the sale, and/or the means by which offers may be made must be filed no later than ______________________, 20______. ANY OBJECTION must be in writing and be signed before a notary public or probate court clerk, and filing fees must be tendered with the objection, unless the objecting party qualifies to file as an indigent party. Contact probate court personnel at the below address/phone number for the required amount of filing fees. If an objection is filed, a hearing will be (held in the Probate Court of ___________________ County, courtroom ________, (address) ________________________________________, Georgia on ________________________________ at _____o’clock ___.m.)(scheduled at a later date). IT IS FURTHER ORDERED that, after giving such notice and if no objection is timely filed as set forth above, the petitioner(s) be, and is/are hereby, granted leave to sell the said property for the highest valid offer received using the method and terms of sale set forth in the petition. The petitioner(s) shall file a report of sale, within ten days after the sale, certifying compliance with the notice requirements and reporting the results of the sale. SO ORDERED, this____________ day of ________________________, 20______. _______________________________________ Judge of the Probate Court