Understanding the Acknowledgment Form in a Georgia Petition for Letters of Administration

By The Black Firm

If a loved one passes away without a will in Georgia, their estate must go through a legal process called intestate probate. In these cases, the court must appoint someone to manage the estate—this person is called the administrator. But before the court appoints an administrator, the estate's heirs are often asked to sign an Acknowledgment Form.

This blog post will explain the Acknowledgement Form, what you agree to when you sign it, and what rights you may be giving up.

What Is an Acknowledgment Form?

When someone petitions the probate court to be appointed as the administrator of an estate, the court requires that all heirs be notified. Instead of sending a formal notice through the court, heirs can choose to sign an Acknowledgment Form, which serves as both notice and agreement to several important aspects of the probate process.

You must be considered an heir under Georgia law to receive and sign this form. If you're unsure whether you're legally an heir, consult a probate attorney before signing anything.

What You're Agreeing to When You Sign

The Acknowledgment Form covers several key points:

1. Statement of Heirship

By signing, you confirm that you are a legal heir and that you agree with the list of heirs provided in the petition.

2. Acknowledgment of Notice

You acknowledge that you've received and read the Petition for Letters of Administration and that the court is not required to send you additional notices at this stage.

3. Consent to Appointment

You agree to the appointment of the proposed administrator and waive your right to object to their appointment in the future.

4. Waiver of Bond

You agree that the administrator does not need to post a bond. A bond is a type of insurance that protects the estate in case the administrator mismanages assets. Waiving bond reduces court oversight and removes this protection.

5. Waiver of Inventory and Returns

You give up your right to receive an inventory of the estate's assets or annual financial reports. While this can make the process easier for the administrator, it may leave you wondering what's happening with the estate.

6. Waiver of Further Notice

You may also waive your right to receive updates about future court filings or hearings. This often happens if all heirs agree and there is no contest to the petition.

What to Consider Before You Sign

Before signing an Acknowledgment Form, ask yourself the following:

• Do I trust the person asking to be the administrator?

• Do I want the court to have oversight of the estate?

• Do I want regular updates or an inventory of assets?

• Would I be more comfortable if the administrator had to post a bond?

• Am I sure all the listed heirs are correct?

If you have any doubts about these questions, don't sign the form without first speaking to a probate attorney. Signing this form gives up your rights to contest the appointment, request a bond, or receive financial updates.

You Don't Have to Sign

It's important to know that signing this form is not required. If you do not agree with the administrator or any part of the petition, you have the right to refuse to sign and ask for court oversight. The probate process might take a little longer, but you'll maintain more control and protection over what happens to the estate.

Need Help with the Probate Process?

At The Black Firm, we assist families across Georgia with probate, estate planning, guardianships, and conservatorships. If you're unsure about signing an Acknowledgment Form or just need guidance through the probate process, we offer consultations to help you understand your rights and options.

📞 Contact us today to schedule your consultation and protect your family's interests.

The information in this post is provided for general educational purposes and should not be taken as legal advice. For legal assistance, please consult with an attorney.