Petition for Letters of Administration - Free Download
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GPCSF 3 Eff. July 2013
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 petition for appointment
of a successor administrator, pursuant to O.C.G.A. §53-6-21(b). Appropriate interlineations 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 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. O.C.G.A. §53-11-2 provides a party to a probate court proceeding concerning a decedent’s estate
who is unborn or unknown or is not sui juris must be represented by a guardian. However the
court may appoint a guardian ad litem or determine that the natural guardian, guardian of the
person, conservator, or testamentary guardian who has no conflict may serve as guardian ad
litem. (See GPCSF 16). For purposes of the consent described in paragraph 3 above, with
respect to any heir who is not sui juris, such consent may be given by such guardian. The
personal representative of a deceased heir is authorized to consent on behalf of that heir.
5. 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 similar or closer degree that have not been
listed. Provide the date of death of any deceased heirs and the name of the Personal
Representative if applicable. The Personal Representative of a deceased heir is authorized to
consent on behalf of that heir. O.C.G.A. §53-6-30. NOTE: 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.org. 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”; (c) “the decedent’s brother who died previously, had no other children born,
adopted, living or deceased, other than listed herein.”
6. According to 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 page 7 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, labeled GPCSF 1.
