When is probate not necessary
[DOC File]Important Note About This Manual
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It is not necessary that all acknowledgements appear on the same page. O.C.G.A. §53-2-40(b) does not require that all heirs must be sui juris. 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 ...
[DOC File]INTRODUCTION TO PROBATE GUARDIANSHIP
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Should a guardian ad litem be necessary because a party is not sui juris, use Georgia Probate Court Standard Form Supplement 1. O.C.G.A. § 53-11-2 (b) provides that when a party to a proceeding in the probate court is a post deceased heir whose estate has no personal representative, such deceased heir’s estate may be represented in the ...
[DOC File]Petition for Order Declaring No Administration Necessary
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If a guardian ad litem is necessary because a party is not sui juris, use Georgia Probate Court Standard Form (GPCSF) Supplement 1. Paragraph 4 requires sufficient factual information for the Court to conclude that those listed in paragraph 3 of this petition include each and every heir of the decedent and that there are not additional heirs of ...
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WILL FILED NOT FOR PROBATE: If there is no property to pass under the Will, probate is not necessary. However, the Will of the decedent must be filed with the Probate Court. Real estate, unlike joint bank accounts, may not automatically pass to a surviving co-owner. If the only property in the estate is an automobile, title may be transferable ...
[DOCX File]Petition for Order Declaring No Administration Necessary
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The Probate Court can appoint a guardian whenever such action is "necessary or convenient" (Probate Code §1514). If the parents do not consent, the court must find (1) that custody with parent(s) would be detrimental to the minor (if a parent contests), and (2) that it would be in the best interests of the minor to live with the proposed ...
[DOCX File]Petition for Order Declaring No Administration Necessary
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It is not necessary to demonstrate that one or both parents are unfit. In fact, if the petitioner alleges either in the petition or during the course of the investigation that a parent is unfit, the probate court will refer the matter to the juvenile court for a possible dependency action.
[DOC File]GEORGIA PROBATE PROCEEDINGS
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It is not necessary that all acknowledgments appear on the same page. 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 ...
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