Petition For Temporary 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 Temporary 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 Temporary Letters Of Administration

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

• This form pertains to the State of Georgia

• The official Georgia source for this form is here.

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 2 - Petition For Temporary Letters Of Administration 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 2, 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 2 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 2 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 Temporary 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.

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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 2 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 2, and when in doubt— consult a qualified trust & estates lawyer for that area.

Petition For Temporary 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 2 - Petition For Temporary 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 Temporary 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.

Here’s the text, verbatim, that is found on Georgia Form GPCSF 2 - Petition For Temporary 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 2 [i] Eff. July 2021 PETITION FOR TEMPORARY LETTERS OF ADMINISTRATION INSTRUCTIONS I. Specific Instructions 1. This form is to be used for a petition for temporary letters of administration pursuant to O.C.G.A. § 53-6-30 et seq. 2. A probate court may at any time and without notice grant temporary letters of administration on an unrepresented estate to continue in full force and effect until the temporary administrator is discharged or a personal representative is appointed according to O.C.G.A. § 53-6-30. According to O.C.G.A. § 53-11-5, “The probate judge may direct any additional service or notice or extend the time to respond with respect to any proceedings covered by this chapter....” 3. Paragraph 4 requires sufficient factual information for the Court to conclude that those listed in paragraph 3 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 personal representative if applicable. The personal representative of a deceased heir is authorized to consent on behalf of that heir. O.C.G.A. § 53-7-1. [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.” 4. Temporary administrator(s) should only collect and preserve the assets of the estate and only expend funds, if approved, by the judge of the probate court, after such notice as the judge deems necessary, according to O.C.G.A. § 53-6-31. 5. 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 2 [1] Eff. July 2021 IN THE PROBATE COURT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ___________________________________, ) ESTATE NO. ____________ DECEASED ) PETITION FOR TEMPORARY 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______. 2. [Initial one] ______ (a) The decedent died intestate [without making a valid last will and testament]. ______ (b) There is a contested last will and testament of the decedent. The alleged will is dated ______________________. 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 2 [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 a temporary administrator collect and preserve said estate 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); or ______ (g) being the county administrator. GPCSF 2 [3] Eff. July 2021 6. To the knowledge of the petitioner(s): [Initial all that apply] ______ (a) No petition for appointment of a personal representative has been filed. ______ (b) A petition for letters of administration has been filed but is delayed. [If a petition is pending, list the county and state where the action is pending (if other than in the above styled court) ___________________________________.] ______ (c) A petition to probate has been filed but is delayed or contested. [If a petition is pending, list the county and state where the action is pending (if other than in the above styled court) ___________________________________.] 7. The decedent passed leaving an estate of real property located in ____________________ ________________ County(ies), Georgia [also list each real property that is located in another state 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]: $ ________________ ______________________________ ______________________________ APPROXIMATE TOTAL VALUE OF PERSONAL PROPERTY $ ________________ 8. Petitioner(’s)(s’) appointment is in the best interest of the estate because the estate is unrepresented and it is necessary for temporary letters of administration to be granted for the sole purpose of collecting and preserving the assets of the decedent. Request(s) for specific authorization(s) in order to preserve the assets are as follows: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ GPCSF 2 [4] Eff. July 2021 9. Additional Data: [Where full particulars are lacking, state here the reasons for any such omission.] ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ WHEREFORE, petitioner(s) pray(s) for an order appointing petitioner(s) temporary administrator(s) of said estate. ____________________________________ Signature of Petitioner ____________________________________ Printed Name ____________________________________ ____________________________________ Mailing Address ____________________________________ Telephone Number Signature of Attorney: ______________________________________________________ Printed Name of Attorney: ______________________________________________________ Address: ______________________________________________________ ______________________________________________________ Telephone Number: __________________ State Bar #________________________ GPCSF 2 [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 petition for temporary 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 2 [6] Eff. July 2021 IN THE PROBATE COURT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ___________________________________, ) ESTATE NO. ____________ DECEASED ) SELECTION BY HEIRS 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 temporary letters of administration, waives copies of same, waives further service and notice, and hereby selects ________________________________ to act as temporary administrator(s) of the above-styled estate. 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: ________________ -------------------------------------------------------------------------------------------------------------------------------------------- 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: ________________ -------------------------------------------------------------------------------------------------------------------------------------------- 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 2 [7] Eff. July 2021 IN THE PROBATE COURT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ___________________________________, ) ESTATE NO. ____________ DECEASED ) ORDER APPOINTING TEMPORARY ADMINISTRATOR A petition for temporary letters of administration for the above-named decedent was filed. _____________________________________________________________ was/were nominated temporary 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 estate is currently unrepresented. The Court further finds that no objection has been filed, all requirements of law have been fulfilled, that this appointment is in the best interest of the estate, and that it is necessary that temporary letters should issue for the sole purpose of collecting and preserving the assets of the decedent until a personal representative is appointed. ACCORDINGLY, IT IS ORDERED that the person(s) named above is/are found to be qualified for such office and is/are hereby appointed temporary administrator(s) of the estate of the decedent, and that temporary letters be issued upon said temporary administrator(’s)(s’) giving bond with approved surety in the sum of $__________________________ and taking the oath as provided by law. IT IS FURTHER ORDERED that no disbursements from said estate may be made by any said temporary administrator(s) unless permission is granted below or by further order of this Court for the purpose of preserving the estate. _____ [optional, initial if applicable to grant powers to expend funds to collect and preserve the assets of the estate] IT IS FURTHER ORDERED that the following powers are granted to the temporary administrator(s) ________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ SO ORDERED this ______ day of _____________________, 20_____. ______________________________________ Judge of the Probate Court GPCSF 2 [8] Eff. July 2021 IN THE PROBATE COURT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ___________________________________, ) ESTATE NO. ____________ DECEASED ) TEMPORARY LETTERS OF ADMINISTRATION At a regular term of probate court, this Court granted an order allowing _______________________________________ to qualify as temporary 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, temporary letters of administration be issued to such temporary administrator(s). THEREFORE, the said temporary administrator(s), having taken the oath of office and complied with all necessary prerequisites of the law, is/are legally authorized to collect and preserve the assets of the decedent until a personal representative is appointed (or the temporary administrator is discharged); and thereupon to deliver up such assets to the personal representative of the estate of said decedent, according to Georgia law. _____ [optional, initial if Order grants temporary administrator(s) powers to expend funds] FURTHERMORE, the said temporary administrator(s) is/are granted powers to expend funds to collect and preserve the assets of the estate as follows: __________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 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