Petition Of Personal Representative For Leave To Sell Property

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 Of Personal Representative For Leave To Sell Property 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 Of Personal Representative For Leave To Sell Property

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Petition Of Personal Representative For Leave To Sell Property:

• 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 13 - Petition Of Personal Representative For Leave To Sell Property 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 13, 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 13 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 13 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 Of Personal Representative For Leave To Sell Property 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?

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

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 13 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 13, and when in doubt— consult a qualified trust & estates lawyer for that area.

Petition Of Personal Representative For Leave To Sell Property 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 13 - Petition Of Personal Representative For Leave To Sell Property 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 Of Personal Representative For Leave To Sell Property 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 13 - Petition Of Personal Representative For Leave To Sell Property. You can use this to get an idea of the context of the form and what type of information is needed.

GPCSF 13 [i] Eff. July 2021 PETITION OF PERSONAL REPRESENTATIVE FOR LEAVE TO SELL PROPERTY INSTRUCTIONS I. Specific Instructions 1. This form is to be used when a personal representative petitions for leave to sell real or personal property pursuant to O.C.G.A. § 53-8-13, or when a temporary administrator petitions to show good cause for being granted leave to sell real or personal property pursuant to O.C.G.A. § 53-8-10 (b). 2. If the petition is by a temporary administrator, this form should be altered as follows: The term “temporary administrator” should be placed wherever the term “personal representative” or “administrator” appears throughout the entire form. Also, if the form is used for a temporary administrator, the final order may need to be amended, especially if the original order of appointment did not give the power to sell property. 3. With regard to paragraph 6 of the petition, a recent appraisal should be used if available; otherwise, a copy of the most recent ad valorem tax statement should be provided. If the appraised value or tax value is higher than the selling price, explain the discrepancy on an additional sheet and add a reference to this in paragraph 4 of the petition. In addition, if there is a sales contract, a copy of the contract should be attached as an exhibit and labeled appropriately. 4. In the event the assets are to be distributed according to a will, only the beneficiaries need to be listed in paragraph 2. In the event the decedent died intestate (without a will), paragraph 3 requires that a definitive statement be made to show to the court that the persons named in paragraph 2 constitute all of the heirs of the decedent and that there are no heirs of the same or closer degree according to O.C.G.A. § 53-2-1. Provide the date of death for any deceased heirs. The personal representative of a deceased heir is authorized to consent on behalf of that heir. [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.” 5. Signatures of heirs or beneficiaries who acknowledge service must be sworn to before a notary public or the clerk of any probate court of this State. An attorney at law may acknowledge service on behalf of an heir or beneficiary; however, the attorney must certify that he or she currently represents that heir or beneficiary 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 GPCSF 13 [ii] Eff. July 2021 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. It is not necessary that all acknowledgments appear on the same page. 6. 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. When a party to a proceeding in the probate court is a deceased heir whose estate has no personal representative, such post deceased heir’s estate may be represented in the proceeding by a guardian. If a guardian ad litem is necessary because a party is not sui juris, use GPCSF Supplement 1. 7. The service of this petition is in accordance with Chapter 11 of Title 53 per O.C.G.A § 53-8-13 (b). 8. Use GPCSF Supplement 2 if the Court determines it is appropriate to appoint a special process server. 9. Use GPCSF Supplement 3 when an additional certificate of service is necessary. 10. Exhibits should be labeled 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. 11. 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 can 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. 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 13 [1] Eff. July 2021 IN THE PROBATE COURT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ___________________________________, ) ESTATE NO. ____________ DECEASED ) PETITION FOR LEAVE TO SELL PROPERTY 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 as the duly appointed and qualified personal representative of the estate of the above-named decedent, shows to the Court the following: 1. _______________________________________________________________________, [Full name of decedent] First Middle Last whose place of domicile was _____________________________________________________, Street City County State departed this life on _______________________, 20_____. 2. If decedent died intestate [without a will], list below all of the decedent’s heirs at law. Otherwise, beneficiaries shall be listed below. Each listing should include the name, age or majority status, address, and relationship to decedent. All those listed are sui juris [having the legal ability to manage one’s own affairs] unless otherwise noted. Name Age (or over 18) Address Relationship ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ GPCSF 13 [2] Eff. July 2021 3. [Initial one] ______ (a) A will has been probated so no definitive statement is required. ______ (b) The decedent died intestate [without a will]; therefore, a definitive statement is made below. 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 party and that may determine whether or not a guardian ad litem should be appointed for any party. 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.] ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 4. Petitioner(s) desire(s) to sell certain real and/or personal property of said estate. The property and the estate’s interest in said property are described as follows [give metes and bounds description, and street address if known, if real property]: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 5. The specific purpose of said sale of said property is [initial all that apply]: ______ (a) To pay the debts of the estate; and/or ______ (b) To make distributions to the (heirs)(beneficiaries); ______ (c) Other: ______________________________________________________ ____________________________________________________________ GPCSF 13 [3] Eff. July 2021 6. The petitioner(s) desire(s) to sell said real and/or personal property upon the following terms and conditions [explain the proposed date, place and method of sale, including any minimum sales prices, and attach and label copies of any applicable contracts]: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______ (a) Attached hereto as “Exhibit ” is a copy of the contract for sale of real estate. ______ (b) Attached hereto as “Exhibit ” is a copy of the most recent ad valorem tax or appraisal showing the current value of the property to be $_____________. 7. At present, the petitioner(s) has/have a bond on file in this Court in the amount of $_________________. The net proceeds to the estate from the sale of the subject property will be approximately $_________________. An additional bond in the amount of $_______________ to cover the amount by which the net proceeds from the sale, plus the amount of personal property currently in the estate, will exceed the current bond amount will be posted prior to the deadline for objections set forth in the notice. 8. Additional Data: [Where full particulars are lacking, state here the reasons for any such omission.] ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ GPCSF 13 [4] Eff. July 2021 WHEREFORE, petitioner(s) pray(s): 1. An order directing notice be issued and served as the law requires; and 2. If no cause be shown to the contrary, your petitioner(s) be granted leave to sell said property as set forth above. ____________________________________ Signature of Petitioner ____________________________________ Printed Name ____________________________________ ____________________________________ Mailing Address ____________________________________ Telephone Number Signature of Attorney: ______________________________________________________ Printed Name of Attorney: ______________________________________________________ Address: ______________________________________________________ ______________________________________________________ Telephone Number: __________________ State Bar #________________________ GPCSF 13 [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 of personal representative for leave to sell property (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 13 [6] Eff. July 2021 IN THE PROBATE COURT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ___________________________________, ) ESTATE NO. ____________ DECEASED ) ACKNOWLEDGMENT OF SERVICE AND CONSENT TO PETITION RE: PETITION OF ________________________________________________ FOR LEAVE TO SELL PROPERTY OF ESTATE OF THE ABOVE-NAMED DECEDENT The undersigned, being over 18 years of age, laboring under no legal disability and being heirs or beneficiaries of the above-named decedent, hereby acknowledge service of a copy of the petition and notice, waive copies of same, waive further service and notice, and hereby consent to the petition. SIGNATURE(S) OF (HEIRS)(BENEFICIARIES) Sworn to and subscribed before me this ______ day of _______________, 20_____ _____________________________________ Signature of Heir/Beneficiary ___________________________________ _____________________________________ NOTARY/CLERK OF PROBATE COURT Printed Name of Heir/Beneficiary My Commission Expires: ________________ --------------------------------------------------------------------------------------------------------------------- Sworn to and subscribed before me this ______ day of _______________, 20_____ _____________________________________ Signature of Heir/Beneficiary ___________________________________ _____________________________________ NOTARY/CLERK OF PROBATE COURT Printed Name of Heir/Beneficiary My Commission Expires: ________________ --------------------------------------------------------------------------------------------------------------------- Sworn to and subscribed before me this ______ day of _______________, 20_____ _____________________________________ Signature of Heir/Beneficiary ___________________________________ _____________________________________ NOTARY/CLERK OF PROBATE COURT Printed Name of Heir/Beneficiary GPCSF 13 [7] Eff. July 2021 My Commission Expires: ________________ GPCSF 13 [8] 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 13 [9] Eff. July 2021 IN THE PROBATE COURT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ___________________________________, ) ESTATE NO. ____________ DECEASED ) ORDER FOR SERVICE OF NOTICE The foregoing petition of personal representative for leave to sell property having been filed, it is ordered that: [Initial all that apply] ______ Notice must be served personally, together with a copy of the petition, or by registered or certified mail or statutory overnight delivery, as requested by the petitioner(s) pursuant to O.C.G.A. § 53-11-3 at least 30 days before the deadline for objections on the following (heirs)(beneficiaries) who reside in Georgia and have not acknowledged service: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______ Notice must be served by registered or certified mail, return receipt requested, together with a copy of the petition, upon nonresident (heirs)(beneficiaries) whose current residence addresses are known: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______ Notice must be published once a week for four weeks in the legal organ of this County, before____________________, 20_____, in order to serve by publication the following (heirs)(beneficiaries) whose current residence addresses are unknown: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ SO ORDERED this _______ day of ________________, 20____. _____________________________________ Judge of the Probate Court GPCSF 13 [10] Eff. July 2021 IN THE PROBATE COURT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ___________________________________, ) ESTATE NO. ____________ DECEASED ) NOTICE The petition of personal representative for leave to sell property in the above-referenced estate having been duly filed, [Strike any paragraph if not applicable.] TO: _______________________________________________________________________ [List here all interested parties who reside in Georgia to be served personally or by registered or certified mail or statutory overnight delivery with restricted delivery to the addressee, if specifically requested by the petitioner(s)] This is to notify you who are required to be served personally, to file an objection, if there is any, to the petition, in this Court on or before the 30th day after the date you are personally served or sign the return receipt. TO: _______________________________________________________________________ [List here all heirs having known addresses outside the continental U.S. to be served by registered or certified mail or statutory overnight delivery with restricted delivery to the addressee, if specifically requested by the petitioner(s)] This is to notify you to file an objection, if there is any, to the petition, in this Court on or before the 30th day after ____________, 20_____ (the date of the mailing of this notice to you by certified or registered mail, return receipt requested); provided, however, that if a return receipt for such notice is actually received by the Court within such 30 days, the deadline for the filing of any objection shall be 30 days from the date of receipt shown on such return receipt. TO: ________________________________________________________________________ [List here all non-resident interested parties having known addresses in the continental U.S. to be served by registered or certified mail or statutory overnight delivery with restricted delivery to the addressee, if specifically requested by the petitioner(s)] This is to notify you to file an objection, if there is any, to the above-referenced petition, in this Court on or before the 30th day after ___________________, 20_____ (the date of the mailing of this notice to you by certified or registered mail, return receipt requested); provided, however, that if a return receipt for such notice is actually received by the Court within such 30 days, the deadline for the filing of any objection shall be 30 days from the date of receipt shown on such return receipt. ___________________________________ _____________________________________ Judge of the Probate Court ___________________________________ By: _________________________________ Address Clerk of the Probate Court ___________________________________ Telephone Number GPCSF 13 [11] Eff. July 2021 IN THE PROBATE COURT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ___________________________________, ) ESTATE NO. ____________ DECEASED ) NOTICE The petition of personal representative for leave to sell property in the above-referenced estate having been duly filed, [For use if an interested party is required to be served by publication] TO: ________________________________________________________________________ [List here all interested parties having unknown addresses to be served by publication] This is to notify you to file an objection, if there is any, to the above-referenced petition, in this 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 must be sworn to before a notary public or before a probate court clerk, and filing fees must be tendered with your objections, unless you qualify to file as an indigent party. Contact probate court personnel for the required amount of filing fees. If any objections are filed, a hearing will be (held on _____________________, 20_____)(scheduled at a later date). If no objections are filed, the petition may be granted without a hearing. ___________________________________ _____________________________________ Judge of the Probate Court ___________________________________ By: _________________________________ Address Clerk of the Probate Court ___________________________________ Telephone Number GPCSF 13 [12] 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 copies of the petition of personal representative for leave to sell property, and order for service of notice, including any attached exhibits and the notice to the following parties at the addresses below: This _______ day of ________________, 20____. _____________________________________ Clerk of the Probate Court _____________________________________ _____________________________________ Address _____________________________________ Telephone Number GPCSF 13 [13] Eff. July 2021 IN THE PROBATE COURT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ___________________________________, ) ESTATE NO. ____________ DECEASED ) FINAL ORDER The petition of ______________________________________________, as personal representative(s) of the estate of the above-named decedent, for leave to sell property was filed. The Court finds that all of the (heirs)(beneficiaries) were served or acknowledged service. The Court further finds that no objection has been filed and all requirements of law have been fulfilled. The Court further finds that the purpose of the transaction is lawful and that the proposed transaction is fair and is in the best interest of the estate (and the guardian ad litem having filed an answer approving said transaction). ACCORDINGLY, IT IS ORDERED that the said petitioner, as personal representative(s) of said estate, is authorized to sell the property described in the petition upon the terms set forth in said petition. ________ [Initial if applicable] Said authorization is conditioned upon the personal representative(s) having on file with this Court a surety bond in the amount of $________________________. IT IS FURTHER ORDERED that a report of the sale authorized by this order shall be furnished to this Court by the petitioner. Said report shall specify the property sold, the purchasers, the amounts received, and the terms of the sale. SO ORDERED this _______ day of ________________, 20____. _____________________________________ Judge of the Probate Court