Georgia Probate Form GPCSF 3

Petition For Letters Of Administration

Everything you need to know about Georgia Form GPCSF 3, including helpful tips, fast facts & deadlines, how to fill it out, where to submit it and other related GA probate forms.

(214 ratings)
Hand holding a pen filling out the form
Purple Circle Background

About Petition For Letters Of Administration

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 Letters Of Administration 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 Letters Of Administration

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

  • 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 3 - Petition For Letters Of Administration up to date, certain details can change from time-to-time with little or no communication.

How to file Form GPCSF 3

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 3, 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 3 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 3 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 Letters Of Administration 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?

Atticus DIY Probate & Estate Settlement App Image

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

When Petition For Letters Of Administration is due

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 3 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 3, and when in doubt— consult a qualified trust & estates lawyer for that area.

How to Download, Open, and Edit Form GPCSF 3 Online

Petition For Letters Of Administration 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 3 - Petition For Letters Of Administration 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 Letters Of Administration 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.

Purple Lightbulb Icon

Did you know?

  • Form GPCSF 3 - Petition For Letters Of Administration is a probate form in Georgia.

  • Georgia has multiple types of probate and the necessary forms depend on the unique aspects of each estate, such as type and value of assets, whether there was a valid will, who is serving as the personal representative or executor, and even whether or not they also live in Georgia.

  • During probate, all personal representatives and executives in are required to submit a detailed inventory of assets that must separate non-probate assets from probate assets.

  • Probate in Georgia, especially without guidance, can take years to finish and cost upwards of $14,000.

Frequently Asked Questions about Petition For Letters Of Administration

Probate is the government’s way of making sure that when a person dies, the right stuff goes to the right people (including the taxes the government wants).

All of that stuff is collectively known as someone’s “estate”, and it’s the job of the executor or personal representative to fill out all the forms and complete all the required steps to formally dissolve the estate. 

To get instant clarity on the entire probate process and get an idea of the steps, timeline, and best practices, read the Atticus Beginner’s Guide to Probate

The best place? Create an account in Atticus to start getting estate-specific advice. 

You may need a lawyer, you may not, and paying for one when you didn’t need it really hurts. Atticus makes sure you make  the best decisions (plus you can write it off as an executor expense).

We’ve also created a list of other probate services. Be sure to check it out!

An executor is named in someone’s will, and if the deceased didn’t have a will, then the spouse or other close family relative usually steps up to fulfill the role. If no one wants to do it, then a judge will appoint someone. 

The executor is responsible for the complete management of the probate process, including major responsibilities such as:

  • Creating an inventory of all probate assets.

  • Filling out all necessary forms

  • Paying off all estate debts and taxes

  • Submitting reports to the court and beneficiaries as requested

And much more. This process often stretches longer than a year. 

For an idea of what separates executors who succeed from those who make this way harder than it should be, visit our article, Executors of an Estate:
What they do & secrets to succeeding
.

The Exact Text on Form GPCSF 3

Here’s the text, verbatim, that is found on Georgia Form GPCSF 3 - Petition For Letters Of Administration. You can use this to get an idea of the context of the form and what type of information is needed.

GPCSF 3 [i] Eff. July 2021 PETITION FOR LETTERS OF ADMINISTRATION INSTRUCTIONS I.Specific Instructions 1.This form is to be used for a petition for letters of administration pursuant to O.C.G.A. § 53-6 -20 et seq. 2.Use of this form is permissible, but not mandatory, in connection with a p etition for appointment of a successor administrator, pursuant to O.C.G.A. § 53-6 -21 (b). Appropriate strikethroughs must be made, and additional information must be given concerning the identity of the previous administrator, the reason for the vacancy in the office, and the date the office became vacant. 3.With respect to the conditions under which the judge may, pursuant to O.C.G.A. § 53 -7 -1 (b), waive bond, waive reports, waive statements, and/or grant certain powers contained in O.C.G.A. § 53-12-261, note: (a)all of the heirs must consent, and (b)notice must be published. 4.Signatures of heirs who acknowledge service must be sworn to before a notary public or the clerk of any p robate court of this State. An attorney at law may acknowledge service on behalf of an heir; however, the 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. 5.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. 6.Paragraph 4 requires sufficient factual information for the Court to conclude that those listed in p aragraph 3 of this petition include each and every heir of the decedent and that there are not additional heirs of the same or closer degree according to O.C.G.A. § 53-2-1. These facts must allow the Court to rule out the possibility that there may be other heirs of the same or closer degree who have not been listed. Provide the date of death of any deceased heirs and the name of the deceased heir’s p ersonal representative if applicable. The personal representative of a post deceased heir(s) is authorized to consent on behalf of that heir. O.C.G.A. §53-7-1. When a party to a proceeding in probate court is a post deceased heir whose estate has no personal representative, such deceased heir’s estate may be represented in the proceeding by a guardian ad litem. A person’s heirs are GPCSF 3 [ii] Eff. July 2021 determined at the time of that person’s death. A close relative must be alive at the time the decedent dies to be an heir. If an heir who outlived the decedent subsequently dies, that post deceased heir must be represented by the personal representative of his or her estate or by a guardian ad litem. [If you are uncertain how to determine the heirs of a decedent, refer to the “Heirs Determination Worksheet” 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.” 7.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. 8.Use GPCSF Supplement 3 when an additional certificate of service is necessary. 9.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. 10.An oath must be administered by a probate judge or clerk (the oath cannot be administered by a notary public). Use GPCSF Supplement 4 for the oath. The oath is not included in this form. GPCSF 53, Commission to Administer Oath, can be used if the oath is to be administered by a court outside the State of Georgia. 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 3 [1] Eff. July 2021 IN THE PROBATE COURT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ___________________________________, ) ESTATE NO. ____________ DECEASED ) PETITION FOR LETTERS OF ADMINISTRATION 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 ______, intestate. 2. The Decedent died intestate [i.e., without making a valid last will and testament]. 3 . Listed below are all of the decedent’s heirs at law, with age or majority status, address, and relationship to the decedent set opposite the name of each: Name Age (or over 18) Address Relationship ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ GPCSF 3 [2] Eff. July 2021 4. Required: [Provide 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 the same or closer degree according to O.C.G.A. § 53-2-1. Provide the names of any deceased heirs, the name and address of his or her personal representative, if any, 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 person and that may determine whether or not a guardian ad litem should be appointed for any person. If any heirs listed above are cousins, grandchildren, nephews or nieces of the decedent, indicate the deceased ancestor through whom they are related to the decedent.] ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 5. Under the law, it is necessary that said estate be administered and ______________ ______________________________________________________________________________ should be appointed administrator(s) by reason of: [Initial one] ______ (a ) being unanimously selected by all the heirs [This alternative does not apply if the surviving spouse is the sole heir and an action for divorce or separate maintenance was pending at the time of decedent’s death.]; ______ (b) being the surviving spouse where no action for divorce or separate maintenance was pending at the time of decedent’s death; ______ (c) being (an) heir(s) and not the surviving spouse; ______ (d) having been selected by a majority in interest of the heirs; ______ (e) being (an) eligible person(s) as defined by O.C.G.A. § 53 -6 -1; ______ (f)being (a) creditor(s) of the decedent (evidence of the indebtedness is attached); ______ (g) being the county administrator. 6 . To the knowledge of the petitioner(s), no other proceedings with respect to this estate are pending, or have been completed, in any other p robate court in this or any other state. GPCSF 3 [3] Eff. July 2021 7. The decedent passed leaving an estate of real property located in ___________________________________ County(ies), Georgia [List real property that is located in another state and/or country] having a total fair market value of approximately $ __________________. The decedent passed leaving personal property as follows [Provide approximate value]: ______ $ ________________ ______ $ ________________ ______ $ ________________ (a)Cash/bank accounts/certificates of deposit: (b)Stocks/bonds/brokerage accounts: (c)Other assets of significant value [List assets]: APPROXIMATE TOTAL VALUE OF PERSONAL PROPERTY $ ________________ 8. [Petitioner(s) MUST initial one] _______ (a) All heirs have consented to the waiver of bond, waiver of reports, waiver of statements, and/or grant of certain powers contained in O.C.G.A. § 53 -12-261 to the administrator(s). Therefore, the petitioner(s) hereby move(s) the Court to publish notice of the filing of the petition and tender(s) with this petition publication fees. [This only applies if all heirs have properly selected, acknowledged, and consented to this option.] _______ (b) The identities and/or addresses of all heirs are not known. Therefore, the p etitioner(s) hereby move(s) the Court to publish notice of the filing of the petition, and tender(s) with this petition publication fees. _______ (c) Notice of this petition need not be published because the petitioner(s) has/have listed all heirs at law and their addresses, and petitioner(s) is/are not requesting a waiver of bond, waiver of reports, waiver of statements, or the grant of powers contained in O.C.G.A. § 53-12 -261. 9. Additional data: [Where full particulars are lacking, state here the reasons for any such omission.] GPCSF 3 [4] Eff. July 2021 WHEREFORE, petitioner(s) pray(s): 1.Service be perfected; and 2.that if no good cause is shown to the contrary, ______________________________________ b e appointed administrator(s) of the estate of said decedent. ____________________________________ Signature of Petitioner ____________________________________ Printed Name ____________________________________ ____________________________________ Mailing Address ____________________________________ Telephone Number Signature of Attorney: ______________________________________________________ Printed Name of Attorney: ______________________________________________________ Address: ______________________________________________________ ______________________________________________________ Telephone Number: __________________ State Bar #________________________ GPCSF 3 [5] 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 p etition for letters of administration (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 3 [6] Eff. July 2021 IN THE PROBATE COURT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ___________________________________, ) ESTATE NO. ___________ DECEASED ) SELECTION BY HEIRS (AND CONSENT OF HEIRS TO WAIVER OF BOND AND/OR GRANT OF CERTAIN POWERS) [Make a separate page of this form for each heir consenting] The undersigned, being 18 years of age or older, laboring under no legal disability and being an heir of the above-named decedent, hereby acknowledges service of a copy of the petition for letters of administration and notice, waives copies of same, waives further service and notice, and hereby selects __________________________________________ to act as administrator(s) of the above- styled estate. If so indicated below, I hereby consent for the administrator(s) to be granted the additional powers contained in (a), (b), (c), and/or (d) of this page. ________ (a) [optional; initial if applicable TO GRANT POWERS] The personal representative is required by law to file a petition for leave to sell and obtain other approval by the Court for various acts. By initialing here I agree that the personal representative should be awarded all of the powers contained in O.C.G.A. § 53-12-261 except the p ersonal representative shall not be authorized to bind the estate by any warranty in any conveyance or contract in violation of O.C.G.A. § 53-8-14 (a); AND/OR ________ (b) [optional; initial if applicable TO WAIVE REPORTS] The personal representative is required by law to file reports (e.g., inventory and returns) and provide a copy to each interested party. By initialing here I agree that the p ersonal representative should not be required to file any reports with the Court; AND/OR ________ (c) [optional; initial if applicable TO WAIVE BOND] The personal representative is required by law to post a bond as the Court deems necessary. By initialing here I agree that the personal representative should not be required to post a bond; AND/OR ________ (d) [optional; initial if applicable TO WAIVE STATEMENTS] The personal representative is required by law to furnish to the heirs, at least annually, a statement of receipts and disbursements. By initialing here I agree that the personal representative should not be required to furnish these statements. Sworn to and subscribed before me this ______ day of _______________, 20_____. ____________________________________ Signature of Heir ___________________________________ _____________________________________ NOTARY/CLERK OF PROBATE COURT Printed Name of Heir My Commission Expires: ________________ GPCSF 3 [7] 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 3 [8] Eff. July 2021 IN THE PROBATE COURT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ___________________________________, ) ESTATE NO. ____________ DECEASED ) PETITION FOR LETTERS OF ADMINISTRATION ORDER FOR SERVICE OF NOTICE __ ___ (a) Since the heirs have not made a unanimous selection, IT IS ORDERED that notice be issued and served upon each heir who did not acknowledge service. Notice of this p etition shall be mailed by First-Class Mail to each heir with a known address at least 30 days prior to the date on or before which any objection is required to be filed. If there is any heir whose current address is unknown, notice shall be published once a week for four weeks prior to the date for which any objection must be filed. _____ (b) Since the heirs have made a unanimous selection, and the petitioner(s) has/have requested the waiver of bond, waiver of reports, waiver of statements, and/or grant of certain powers, IT IS ORDERED that notice shall be published once each week for four weeks prior to the week which includes the date on or before which any objection must be filed. SO ORDERED this _____ day of __________________ , 20___. _______________________________________ Judge of the Probate Court GPCSF 3 [9] Eff. July 2021 IN THE PROBATE COURT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ___________________________________, ) ESTATE NO. ____________ DECEASED ) PETITION FOR LETTERS OF ADMINISTRATION NOTICE [Strike the sentence in parenthesis below if not applicable.] TO: __________________________________________________________________________ [List here all heirs who have not acknowledged service] and to whom it may concern: ______________________________________________________________________________ has petitioned for ______________________________________________________________ to be appointed administrator(s) of the estate of _______________________________________ d eceased, of said county. (The petitioner has also applied for waiver of bond, waiver of reports, waiver of statements, and/or grant of certain powers contained in O.C.G.A. § 53-12-261.) All interested persons are hereby notified to show cause why said petition should not be granted. All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed with the 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 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 3 [10] Eff. July 2021 IN THE PROBATE COURT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ___________________________________, ) ESTATE NO. ____________ DECEASED ) CERTIFICATE OF SERVICE 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 a copy of the petition for letters of administration, order for service of notice, including any attached exhibits and the notice to the following persons : This _______ day of ________________, 20____. _______________________________ ________ Clerk of the Probate Court ________________________________ _______ _______________________________________ Address _______________________________________ Telephone Number GPCSF 3 [11] Eff. July 2021 IN THE PROBATE COURT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ___________________________________, ) ESTATE NO. ____________ DECEASED ) ORDER APPOINTING ADMINISTRATOR A p etition for letters of administration for the above named decedent was filed. _____________________________________________________________ was/were nominated administrator(s) in the petition and is/are hereby found to be legally qualified for said office. The Court finds that the decedent died domiciled within, or domiciled outside the State of Georgia but owning property within, the above county. The Court finds that the d ecedent died intestate. The Court further finds that all of the heirs at law were served or acknowledged service. The Court further finds that no objection has been filed, and all requirements of law have been fulfilled. ACCORDINGLY, IT IS ORDERED that the person(s) named above is/are found to be qualified for such office and is/are hereby appointed administrator(s) of the estate of the decedent, and that appropriate letters be issued upon said administrator(s) giving bond with approved surety in the sum of $_________________________ and taking the oath as provided by law. The administrator(s) shall not make any distribution to a person for the benefit of a minor unless that person is qualified to receive such funds according to law. IT IS FURTHER ORDERED that upon unanimous consent and publication of notice as necessary, the Court hereby: [Initial all that apply] ______ (a) POWERS GRANTED: Grants to the administrator(s) all of the powers contained in O.C.G.A. § 53 -12-261, except the administrator(s) shall not be authorized to bind the estate by any warranty in any conveyance or contract in violation of O.C.G.A. § 53-8-14 (a). ______ (b) REPORTS WAIVED: Grants to the administrator(s) the specific power to serve without making and filing inventory, and without filing any annual or other returns or reports to any court. ______ (c) BOND WAIVED: Waives the specific requirement to post bond. ______ (d) STATEMENTS WAIVED: Grants to the administrator(s) the specific power to serve without furnishing to the heirs statements of receipts and disbursements. SO ORDERED this _______ day of ________________, 20____. __________________________ _____________ Judge of the Probate Court GPCSF 3 [12] Eff. July 2021 IN THE PROBATE COURT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ___________________________________, ) ESTATE NO. ____________ DECEASED ) LETTERS OF ADMINISTRATION [Bond waived and/or certain powers granted] At a regular term of p robate court, this Court granted an order allowing _______________________________________ to qualify as administrator(s) of the above- named d ecedent, who was domiciled in this county at the time of his or her death or was domiciled in another state but owned property in this county at the time of his or her death, and that upon so doing, letters of administration be issued to such personal representative(s). THEREFORE, the said administrator(s), having taken the oath of office and complied with all necessary prerequisites of the law, is/are legally authorized to discharge all the duties and exercise all powers of personal representative(s), according to Georgia law. In addition this Court: [Initial all that apply] ______ (a) POWERS GRANTED: Grants to the administrator(s) all of the powers contained in O.C.G.A. § 53-12-261, except the administrator(s) shall not be authorized to bind the estate by any warranty in any conveyance or contract in violation of O.C.G.A. § 53-8-14 (a). ______ (b) REPORTS WAIVED: Grants to the administrator(s) the specific power to serve without making and filing inventory, and without filing any annual or other returns or reports to any court. ______ (c) BOND WAIVED: Waives the specific requirement to post bond. ______ (d) STATEMENTS WAIVED: Grants to the administrator(s) the specific power to serve without furnishing to the heirs statements of receipts and disbursements. IN TESTIMONY WHEREOF, I have hereunto affixed my signature as judge of the probate court of said county and the seal of this office this ____ day of ____________ , 20____. ___________________________________________ Judge of the Probate Court The following must be signed if the judge does not sign the original of this document: Issued by: [Seal] _____________________________________ Clerk of the Probate Court GPCSF 3 [13] Eff. July 2021 INSTRUCTIONS 1.Unless inventory has been waived, an inventory of the estate must be filed with this Court by the administrator within six months after these letters are issued and a copy of that inventory must be delivered to the sui juris heirs by First-Class Mail within the same period. 2.Within 60 days after these letters are issued, notice must be given once a week for four weeks by advertisement in the official newspaper of the county in which the petition is made, requiring creditors of the estate to render in their demands and requiring debtors to make payment. 3.Unless returns have been waived, or a different accounting period has been approved, within 60 days after the anniversary date of issuance of these letters, in each and every year, every administrator must make a just and true account, under oath, of his or her receipts and expenditures on behalf of the estate during the preceding year, together with a note or memorandum of any other fact necessary to the exhibition of the true condition of the estate. The vouchers showing the correctness of each item must be retained by the administrator. A copy of each such return must be delivered to the sui juris heirs by First- Class Mail within the same period. The administrator is allowed six months from the date of his or her qualification to ascertain the condition of the estate, during which he or she is exempt from suit. The administrator should collect all debts due the estate, and pay the debts of the estate, wholly or in part, at the end of the six-month period. Payment of the debts of the d ecedent shall be made in accordance with their rank in priority as provided in O.C.G.A. § 53-7 -40. 4.Unless returns and statements have been waived, at least once in each and every year, every administrator must prepare a statement of his or her receipts and expenditures on behalf of the estate during the preceding year, and a copy of each such statement must be delivered to the sui juris heirs by First-Class Mail within the same period. 5.The Administrator may continue the business of the decedent for the current year without a court order. 6.The normal commissions allowed the administrator are two and one-half percent of all sums of money received, and a like commission on all sums of money paid out. In addition, upon petition, the judge of the p robate court may allow a commission of up to three percent of the value of all property distributed in kind. There are special rules concerning commissions on interest earned and extra compensation. 7.After the payment of all expenses of administration and other debts, the balance of the estate shall be promptly distributed to the heirs. The administrator must then make a final return, showing the receipts and disbursements since the last annual accounting, unless returns have been waived. A copy of the final return must be delivered to the sui juris heirs by First-Class Mail at the time of filing same. 8.It shall not be necessary for the administrator to mail copies of any annual returns, the final return, or any statements of receipts and disbursements to any heir who has individually waived in writing the right to receive copies of same unless and until such waiver is revoked in writing. 9.For further information, see O.C.G.A. Title 53, Chapters 6 and 7. GPCSF 3 [14] Eff. July 2021 IN THE PROBATE COURT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ___________________________________, ) ESTATE NO. ____________ DECEASED ) LETTERS OF ADMINISTRATION [Bond, inventory and returns required] At a regular term of p robate court, this Court granted an order allowing _______________________________________ to qualify as administrator(s) of the above- named decedent, who was domiciled in this county at the time of his or her death or was domiciled in another state but owned property in this county at the time of his or her death, and that upon so doing, letters of administration be issued to such personal representative(s). THEREFORE, the said administrator(s), having taken the oath of office and complied with all necessary prerequisites of the law, is/are legally authorized to discharge all the duties and exercise all powers of p ersonal representative(s), according to Georgia law. IN TESTIMONY WHEREOF, I have hereunto affixed my signature as judge of the p robate court of said county and the seal of this office this ____ day of _____________, 20___. __________________________________________ Judge of the Probate Court The following must be signed if the judge does not sign the original of this document: Issued by: [Seal] _____________________________________ Clerk of the Probate Court (SEE INSTRUCTIONS) GPCSF 3 [15] Eff. July 2021 INSTRUCTIONS 1.An inventory of the estate must be filed with this Court by the administrator within six months after these letters are issued, and, subject to Instruction 9 of these instructions, a copy of that inventory must be delivered to the sui juris heirs by First-Class Mail within the same period. 2.Within 60 days after these letters are issued, notice must be given once a week for four weeks by advertisement in the official newspaper of the county in which the petition is made, requiring creditors of the estate to render in their demands. 3.Unless a different accounting period has been approved, within 60 days after the anniversary date of issuance of these letters, in each and every year, every administrator must make a just and true account, under oath, of his or her receipts and expenditures on behalf of the estate during the preceding year, together with a note or memorandum of any other fact necessary to the exhibition of the true condition of the estate. The vouchers showing the correctness of each item must be retained by the Administrator. Subject to Instruction 9 of these instructions, a copy of each such return must be delivered to the sui juris heirs by First-Class Mail within the same period. 4.At least once in each and every year, every administrator must prepare a statement of his or her receipts and expenditures on behalf of the estate during the preceding year. Subject to Instruction 9 of these instructions, a copy of each such statement must be delivered to the sui juris heirs by First-Class Mail within the same period. 5.The administrator is allowed six months from the date of his or her qualification to ascertain the condition of the estate, during which he or she is exempt from suit. The administrator should collect all debts due the estate, and pay the debts of the estate, wholly or in part, at the end of the six-month period. Payment of the debts of the decedent shall be made in accordance with their rank in priority as provided in O.C.G.A. § 53-7-40. 6.The administrator may continue the business of the decedent for the current year without a court order. 7.The normal commissions allowed the administrator are two and one-half percent of all sums of money received, and a like commission on all sums of money paid out. In addition, the judge of the probate court may allow a commission of up to three percent of the value of all property distributed in kind. There are special rules concerning commissions on interest earned and extra compensation. 8.After the payment of all expenses of administration and other debts, the balance of the estate shall be promptly distributed to the heirs. The administrator must then make a final return, showing the receipts and disbursements since the last annual accounting. Subject to Instruction 9 of these instructions, a copy of the final return must be delivered to the sui juris heirs by First- Class Mail at the time of filing same. 9.It shall not be necessary for the administrator to mail copies of any annual returns, the final return, or any statements of receipts and disbursements to any heir who has individually waived in writing the right to receive copies of same unless and until such waiver is revoked in writing. 10.For further information, see O.C.G.A. Title 53, Chapters 6 and 7.

Get Your Probate Forms

Need help finding the rest of your Georgia Probate forms?

Atticus has probate and estate settlement forms for your State.

Comments