Thursday, April 23, 2020
Probate Court free essay sample
IN THE PROBATE COURT OF COBB COUNTY STATE OF GEORGIA IN RE: ESTATE OF)ESTATE NO. ____________ ) ROSALYN PARKS/BOWMAN a/k/a ROSALYN)PETITION FOR LETTERS PARKS, f/k/a ROSALYN KELLY)OF ADMINISTRATION DECEASED TO THE HONORABLE JUDGE OF THE PROBATE COURT: The petition of EBONY FELICIA HARRIS whose domicile is/are 214 Maner Terrace, S. E. , Smyrna, Georgia 30080 , and whose mailing address(es) is/are SAME shows: 1. ROSALYN(nmn) PARKS/BOWMAN a/k/a , FirstMiddleLast Name ROSALYN PARKS, f/k/a ROSALYN KELLY, whose domicile was 2542 Dogwood Hills Ct. Austell Street City CobbGeorgia, departed this life on June 9, 2010, intestate, leaving an estate of real property County State located in none County(ies), Georgia, having a total fair market value of approximately $ 0. 00 and personal property as follows (provide approximate value): a. cash/bank accounts/certificates of deposit$ 10,000. 00 b. stocks/bonds/brokerage accounts$ 0. 00 c. other assets of significant value (list) $ Minimal unknown value Life insurance policies on granchildren APPROXIMATE TOTAL$ 10,000. 00 2. Under the law, it is necessary that said estate be administered; and EBONY FELICIA HARRIS 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 decedentââ¬â¢s death. ) b. being the surviving spouse where no action for divorce or separate maintenance was pending at the time of decedentââ¬â¢s death. X c. eing (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. à §53-6-1. f. being (a) creditor(s) of the decedent (evidence of the indebtedness is attached). g. being the county administrator. 3. Listed below are the names of all the decedentââ¬â¢s heirs with the age or majority status, address, and relationship to decedent set op posite the name of each: NameAge (or over 18)AddressRelationship Eric Bowmanover 18Inmate No. 08R3408 Husband Riverview Correctional Facility P. O. Box 247, Ogdensburg, NY 13669 Ebony Felicia Harrisover 18214 Maner Terrace, S. E. Daughter Smyrna, GA 30080 Nicole Kimberly Lewisover 182950 S. Cobb Dr. , Apt 1902 Daughter Marietta, GA 30080 4. Required: Make a definitive statement with 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 similar or higher degree according to O. C. G. A. à §53-2-1. Provide the names of any deceased heirs and include the date of death for each. (See instructions for further clarification. Also, state here all pertinent facts which may govern the method of giving notice to any party and which 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, please indicate the deceased ancestor through whom they are related to the decedent. Additional Data: Where full particulars are lacking, state here the reasons for any such omission. Decedent was married at the time of her death and had no children born, adopted, living or deceased other than listed herein. . (Petitioner(s) MUST initial one): X(a) All heirs have consented to the waiver of bond and/or grant of certain powers contained in O. C. G. A. à §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. (b) The identities and/or addresses of all heirs are not known. 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. 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 and returns or the grant of powers contained in O. C. G. A. à § 53-12-261. 6. To the knowl edge of the petitioner(s), no other proceedings with respect to this estate are pending, or have been completed, in any other probate court in this state. WHEREFORE, petitioner(s) pray(s) that 1. service be perfected and 2. that if no good cause is shown to the contrary, EBONY FELICIA HARRIS be appointed Administrator(s) of the estate of said decedent. ______________________________________ Signature of first petitioner Signature of second petitioner, if any EBONY FELICIA HARRIS_______________________________________ Printed NamePrinted Name 214 Maner Terrace, S. E. _______________________________________ AddressAddress Smyrna, Georgia 30080_______________________________________ 404-821-4760_______________________________________ Telephone NumberTelephone Number Signature of Attorney:___________________________________________ Typed/printed name of Attorney:Stephen F. Carley Address: 3060 Peachtree Road, Suite 920 Atlanta, Georgia 30305 Telephone:404-352-0700 State Bar #109500 VERIFICATION GEORGIA, COBB COUNTY Personally appeared before me the undersigned petitioner(s) who on oath state(s) that the facts set forth in the foregoing petition are true. Sworn to and subscribed before me this day of , 20 . _______________________________________ Signature of First Petitioner EBONY FELICIA HARRIS NOTARY/CLERK OF PROBATE COURT Printed Name My Commission Expires_________________ - Sworn to and subscribed before me this day of , 20 . _______________________________________ Signature of Second Petitioner, if any _______________________________________ NOTARY/CLERK OF PROBATE COURT Printed Name My Commission Expires__________________ SELECTION BY HEIRS (AND CONSENT OF HEIRS TO WAIVER OF BOND AND/OR GRANT OF CERTAIN POWERS) Note:If an heir is not sui juris, the guardian appointed by the Court or the person that the Court determined may act as guardian is authorized to consent for such non sui juris heir in accordance with the instruction page to this form. GEORGIA, COBB COUNTYESTATE NO. ______________ We, being (all of the) heirs of the estate of ROSALYN PARKS/BOWMAN a/k/a ROSALYN PARKS, f/k/a ROSALYN KELLY, deceased, and being sui juris unless otherwise indicated, do hereby acknowledge service, waive all further notice, and select EBONY FELICIA HARRIS to act as Administrator(s) of the estate of said decedent. Further, if so indicated below, we hereby grant to the Administrator(s) the additional powers contained in (a) and/or (b) below. a. (optional; initial if applicable) In addition to selecting the above individual, I hereby consent to the waiver of bond for said Administrator(s) and the grant to said Administrator(s) the power to serve without making and filing inventory and without filing an annual or other returns or reports to any court. b. (optional; initial if applicable) In addition to selecting the above individual, I hereby consent to the grant to the Administrator(s) all of the powers contained in O. C. G. A. à §53-12-261 not included in (a) above. Sworn to and subscribed before me this day of , 20 . ______________________________________ SIGNATURE OF HEIR EBONY FELICIA HARRIS NOTARY/CLERK OF PROBATE COURT PRINTED NAME My Commission Expires_______________ - SELECTION BY HEIRS (AND CONSENT OF HEIRS TO WAIVER OF BOND AND/OR GRANT OF CERTAIN POWERS) Note:If an heir is not sui juris, the guardian appointed by the Court or the person that the Court determined may act as guardian is authorized to consent for such non sui juris heir in accordance with the instruction page to this form. GEORGIA, COBB COUNTYESTATE NO. ______________ We, being (all of the) heirs of the estate of ROSALYN PARKS/BOWMAN a/k/a ROSALYN PARKS, f/k/a ROSALYN KELLY, deceased, and being sui juris unless otherwise indicated, do hereby acknowledge service, waive all further notice, and select EBONY FELICIA HARRIS to act as Administrator(s) of the estate of said decedent. Further, if so indicated below, we hereby grant to the Administrator(s) the additional powers contained in (a) and/or (b) below. a. (optional; initial if applicable) In addition to selecting the above individual, I hereby consent to the waiver of bond for said Administrator(s) and the grant to said Administrator(s) the power to serve without making and filing inventory and without filing an annual or other returns or reports to any court. b. (optional; initial if applicable) In addition to selecting the above individual, I hereby consent to the grant to the Administrator(s) all of the powers contained in O. C. G. A. à §53-12-261 not included in (a) above. Sworn to and subscribed before me this day of , 20 . ______________________________________ SIGNATURE OF HEIR NICOLE KIMBERLY LEWIS NOTARY/CLERK OF PROBATE COURT PRINTED NAME My Commission Expires_______________ - SELECTION BY HEIRS (AND CONSENT OF HEIRS TO WAIVER OF BOND AND/OR GRANT OF CERTAIN POWERS) Note:If an heir is not sui juris, the guardian appointed by the Court or the erson that the Court determined may act as guardian is authorized to consent for such non sui juris heir in accordance with the instruction page to this form. GEORGIA, COBB COUNTYESTATE NO. ______________ We, being (all of the) heirs of the estate of ROSALYN PARKS/BOWMAN a/k/a ROSALYN PARKS, f/k/a ROSALYN KELLY, deceased, and being sui juris unless otherwise indicated, do hereby acknowledge service, waive all further notice, and select EBONY FELICIA HARRIS to act as Administrator(s) of the estate of said decedent. Further, if so indicated below, we hereby gran t to the Administrator(s) the additional powers contained in (a) and/or (b) below. . (optional; initial if applicable) In addition to selecting the above individual, I hereby consent to the waiver of bond for said Administrator(s) and the grant to said Administrator(s) the power to serve without making and filing inventory and without filing an annual or other returns or reports to any court. b. (optional; initial if applicable) In addition to selecting the above individual, I hereby consent to the grant to the Administrator(s) all of the powers contained in O. C. G. A. à §53-12-261 not included in (a) above. Sworn to and subscribed before e this day of , 20 . ______________________________________ SIGNATURE OF HEIR ERIC BOWMAN NOTARY/CLERK OF PROBATE COURT PRINTED NAME My Commission Expires_______________ - IN THE PROBATE COURT OF COBB COUNTY STATE OF GEORGIA IN RE: ESTATE OF)ESTATE NO. ____________ ) ROSALYN PARKS/BOWMAN a/k/a ROSALYN)PETITION FOR LETTERS PARKS, f/k/a ROSALYN KEL LY)OF ADMINISTRATION DECEASED FINAL ORDER The petition of EBONY FELICIA HARRIS for issuance of Letters of Administration on the estate of ROSALYN PARKS/BOWMAN a/k/a ROSALYN PARKS, f/k/a ROSALYN KELLY, deceased, has been duly filed. Service was perfected according to law. It appears that said decedent died domiciled in said county, intestate; that EBONY FELICIA HARRIS is/are lawfully qualified for said administration; and that no objection has been offered. (Initial if applicable. ) Such petition contained a request for waiver of bond and/or grant of certain powers contained in O. C. G. A. à §53-12-261. The notice which was issued and published reflected this, and no objection to the request has been filed. Consent to such request was given by all heirs. IT IS THEREFORE ORDERED that the undersigned judge does hereby: (Initial all which apply:) a. waive the bond of the Administrator(s) and grant to the Administrator(s) the power to serve without making and filing inventory, and without filing any annual or other returns or reports to any court; but the fiduciary(ies) shall furnish to the income beneficiaries, at least annually, a statement of receipts and disbursements. b. grant to the Administrator(s) all of the powers contained in O. C. G. A. à §53-12-261 not included in (a) above. IT IS THEREFORE ORDERED that the person(s) found above in this order to be qualified for such office be, and is/are hereby, appointed Administrator(s) of the estate of said decedent, and that appropriate Letters be issued upon said Administratorââ¬â¢s(sââ¬â¢) (giving bond with approved surety in the sum of $ and) taking the oath as provided by law. (Initial if applicable. ) IT IS FURTHER ORDERED that said 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. SO ORDERED this day of , 20 . _________________________________ Probate Judge OATH Georgia, COBB County I do solemnly swear or affirm that ROSALYN PARKS/BOWMAN a/k/a ROSALYN PARKS, f/k/a ROSALYN KELLY, deceased, died intestate, so far as I know or believe, and that I will well and truly administer on all the estate of the decedent, and disburse the same as the law requires, and discharge to the best of my ability all my duties as Administrator. So help me God. Sworn to and subscribed before me this day of , 20 . ______________________________________ Administrator EBONY FELICIA HARRIS CLERK OF PROBATE COURT Printed Name - Sworn to and subscribed before me this day of , 20 . ______________________________________ Administrator _____________________________________ CLERK OF PROBATE COURT Printed Name STATE OF GEORGIA COUNTY OF COBBESTATE NO. ___________________ LETTERS OF ADMINISTRATION (Bond Waived and/or Certain Powers Granted at Time of Appointment) By KELLI L. WOLK, Judge of the Probate Court of said County. WHEREAS, ROSALYN PARKS/BOWMAN a/k/a ROSALYN PARKS, f/k/a ROSALYN KELLY, died intestate (check one:) X domiciled in this County; not domiciled in this State, but owning property in this County; nd this Court granted an order appointing EBONY FELICIA HARRIS as Administrator(s) of the estate of said decedent, on condition that said Administrator(s) give oath as required by law; and the said Administrator(s) having compli ed with said condition; the Court hereby grants unto said Administrator(s) full power to collect the assets of said decedent, and to pay the debts of said estate, so far as such assets will extend, according to law, and then to pay over the balance, if any, to the heirs of said decedent, and to do and perform all other duties as such Administrator(s), according to the laws of this State. In addition, this Court has: (Initial all which apply:) a. waived the bond of the Administrator(s) and granted to the Administrator(s) the power to serve without filing an inventory, and without filing any annual or other returns or reports to any court; but the fiduciary shall furnish to the income beneficiaries, at least annually, a statement of receipts and disbursements. b. granted to the Administrator(s) all of the powers contained in O. C. G. A. à §53-12-261 not included in (a) above. 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 , 2011. ____________________________________ Judge of the Probate Court NOTE: The following must be signed if the judge does not sign the original of this document: Issued by: (Seal) Clerk, Probate Court (SEE INSTRUCTIONS ON REVERSE SIDE)
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