Legal Question in Wills and Trusts in Georgia
Must we sign the Acknowledgement of Service and Consent to Petition that accompanies the Petition for Discharge of Personal Representative, if we (my brother and I) ARE the ones filing the petition? A courthouse clerk said Yes, but I think not since it would make no sense to do so. We are beneficiaries, but why would you need to sign a consent to the very petition you're filing?
2 Answers from Attorneys
The clerk is correct.
But in many cases it is a mistake to file a petition for discharge. You need legal counsel to advise you as to whether you should do this or leave the estate open.
When you act pro se you end up making such mistakes. See a lawyer to determine the advantages of not filing.
I assume that the petition which you filed has to be served on the beneficiaries (which you also are) and that you have to acknowledge receipt. It just so happens that you wear two hats here. I can't think of another reason.
Since I do not know what has been done and what asset s/claims are in the estate, I agree with Attorey Ashman that you ought to have this reviewed by a probate attorney to make sure that nothing has been left out or not done. But if you are confident, then go ahead and sign.