This is a petition of a personal representative in a probate case for permission to sell a piece of property.
A petition for leave to sell property in Georgia without consent is a legal document filed in court by a person or party seeking authorization to sell a property without the consent of another party. This situation typically arises when co-owners or tenants-in-common hold an interest in the property, and one party wishes to sell their share, while the other party refuses to provide consent. In Georgia, there are two main types of petitions for leave to sell property without consent: 1. Petition for Leave to Sell Property as Tenants-in-Common: In this scenario, co-owners of a property, also known as tenants-in-common, each possess an individual share of the property. When one tenant-in-common wants to sell their share but faces refusal from the other co-owner(s), they can file a Petition for Leave to Sell Property in court. This petition seeks the court's permission to sell the property without the consent of the other co-owners. 2. Petition for Leave to Sell Property in Probate: If a property is involved in a probate proceeding, which is the legal process of settling a decedent's estate, it may require selling the property to distribute the proceeds among the beneficiaries. However, if one or more beneficiaries refuse to consent to the sale, the party seeking to sell can file a Petition for Leave to Sell Property in the probate court. This petition requests the court's authorization to sell the property without the consent of all beneficiaries. In both cases, the petitioner must provide a comprehensive explanation to the court, outlining the reasons why they seek to sell the property without the consent of the other party or parties involved. The petitioner must also demonstrate that the sale is in the best interest of all parties involved and complies with the applicable laws and regulations in Georgia. Keywords: Petition for leave to sell property Georgia without consent, co-owners, tenants-in-common, court authorization, legal document, probate proceeding, beneficiaries, petition for leave to sell property as tenants-in-common, petition for leave to sell property in probate, consent refusal, distribution of proceeds, the best interest, Georgia laws and regulations.