Hj0EY&--SbC(4|B-]$~-9D6sN / ObNobHe^GW!#Xv&(x-QM*]HGAh}0p?yt[-mz2O1jf5KC^S+. GNJNyc^9'R gskEdF,E2}tir>F/qmbgO!9N3Y,[ endstream endobj 4 0 obj <> stream 53-11-5, "The probate The court may also appoint a guardian for the deceaseds children who were left without a parent. 0000004185 00000 n If no amount was included in the will, it would be 2-1/2 percent on all money received into the estate and 2-1/2 percent for amounts paid out of the estate. The final amount is left up to the court unless provided for in the will. 0000013955 00000 n can offer a piece of legal advice. For questions about a Georgia estate matter, talk to an attorney at the Law Office of Paul Black. We will be happy to assist you with any questions or concerns that you may have about Probate Court services or procedures. [-eV;R%>%Qj!hy,LCN|UkOe;3y0Y?fA$aTL[Hg#A ] Otl{Ws&pg|uS` 0000012838 00000 n 0000006148 00000 n Web we start by getting someone appointed. Handbook for Guardians and Conservators in Georgia (PDF) Annual Return Video Important Notice The Probate Court Judge, Clerk, and staff are committed to providing you with excellent customer service. Bond of Administrators, Conservators & Executors, Etc. xY|?~2DH20dLB &'`xpAf2H (*Th+jvXVQiVvWIHv{={=/!FD"/-.i'lwqf+D[TDB:?5,}A3hk2l*3wmq~}BiC}}ALuuo`H+v_:ko[&seU++6l(>xjQ`y:';&5[\9Y91:=mTjd4 The judge of the Probate Court makes determinations in all controversies involving estates of decedents and guardianships and/or conservatorships of minors and adults by conducting trials & hearings, both with and without a jury. // 5(qwH_@VHA*? U`(}lA&*9U/"IZ cX 37E0J}8 UKEC'_,%O>\[-;c~R@;A O@,yK{iX j|G%V*9p28UmY{. Anestate planningspecialist, such asPaul Black from The Law Office of Paul Black, can help. Assuming no complications arise, you can expect probate to take between eight months and one year. Covers civil litigation practice in state trial and appellate courts in Georgia. 77 0 obj <> endobj xref 77 41 0000000016 00000 n HlS]O0}dvl !5mlkm44u%n-)YN hN Hn0@w~dauP 6tH:,JEH(h\OB@&g9f25> ?zZ31%L [pw87RYh/;"9SW"qv5Hq6j>^sWpcw~ Hf'KsVm^N+RUbu zko'~m-ck[ZAUW0/wK pa endstream endobj 86 0 obj<>stream 0000002685 00000 n 0000212362 00000 n Reserved/relocated means that the current form having that number has been moved to another form, in some cases, or has been discontinued. Rule 3.15 Form Probate Division in Georgia works on the original jurisdiction of proving a will, administration of estates, involuntary evaluation of incapacitated adults, death certificates, birth certificates, and appointment of guardians. 0000003001 00000 n 0 @K,FCDh{7-lvgfgQxQJ(>F}{7"vyJd "CbkJ[iSc@'sH)];(pGiT9JSnnUlM(]BA(.uq9Ts[ The portion ofGeorgia state law that governs probate and estate mattersis Georgia Code Title 53. 0000005824 00000 n Once all debts have been paid, the executor can distribute the remaining assets to the heirs. GEORGIA PROBATE COURT STANDARD FORMS These instructions are designed to aid the word processing construction of pleadings filed in the probate court. A probate court in Georgiamay appoint an executor if theres absolutely no executor or the executor cant or will not function, according to the Official Code of Georgia section 53-6-20. 0000015845 00000 n acB-\K;~>p2=z6 }Vw]j; ! This type of petition is filed when the executor named in the will is unable or unwilling to carry out the duty and names a new administrator (usually by agreement of a majority of the heirs). 2.7 Article 6 Probate Courts. ADA Judicial Handbook 2017 Oct-Update (HTML version) Basics Of Courtroom Security Georgia Domestic Violence Benchbook Guide to GA Courts (Chinese) Guide to GA Courts (Spanish) JC Emergency Preparedness Manual 2018 Edition Pandemic Bench Guide (Final) Welcome to Georgia Courts Poster 2022 Your Guide 2022 Basic Rules Of Court Conduct 0000007265 00000 n hhA rrTIy( %a) C&$Am. Its purpose is to ensure efficiency in non-criminal legal matters that mainly involve filing paperwork. 0000024224 00000 n 0000006539 00000 n 1st Floor, Suite 1100 53-6-30. This provides parties in the court probate process a chance to contest the decision. Until the probate court appoints an executor, everything else stays in the safe deposit box. Not all estates need court involvement, and EstateExec can help you figure out the requirements for your estate (see Is Probate Required? endstream endobj startxref A second critical GA probate court rule is that one of two forms of probate must be chosen. They also cant recommend a specific attorney who can help you with your case or any legal remedies for a particular circumstance. This must happen before probate starts. 0000004518 00000 n Web download the georgia probate handbook. When a person dies without a will (intestate), there are three possible proceedings: Notice to all heirs is required. 0000218384 00000 n By clicking Submit and submitting my request, I confirm that I have read and agree to the privacy policy of this site and that I consent to receive emails, phone calls and/or text message offers and communications from Probate Advance, and its network and advocates at any telephone number or email address provided by me, including my wireless number, if provided. If there is a will, the bank is required to deliver it to the probate court and to deliver any insurance policies to the beneficiaries. There is a set of complex probate court rules, as there are in other court systems. 331 North Marietta Parkway NE, Marietta, GA 30060. Barrow County Probate CourtDekalb County Probate CourtGwinnett County Probate CourtConservatorship Georgia & GuardianshipGeorgia Real PropertyAtlanta Probate CourtGeorgia WillClarke County Probate Court. 0000016512 00000 n Schedule a complimentary consultationwith our Georgia probate team to discuss the particular details of your situation. However, many people avoid probate because they got no one to be their legal representative. In Section 53-5-3, it states that a will may not be filed after five years. <> S[1cO# % ng&I)$5Y&aS]A'AOqk2@B{/`Cy*U5@J [ wP8{tl(Wb,P Nof(h,1[$fb&Ln 2. Free E-Book: The Georgia Probate Law Handbook Download our free E-Book, The Georgia Probate Law Handbook. stream All rights reserved. H;n0@wcYpitH^SE"`h 'V/CW^xz7 l&N'9^F:CO_7f6Z5jvyVy1>P 46E|2'~jFqb\$Uead^`?+/,S'Tm1/HUcUJm*@[ b endstream endobj 87 0 obj<>stream Give us a call to get started. Common form probate doesnt need any notice sent following the naming of the executor, but it doesnt become binding for up to four years. [CDATA[ 0000005708 00000 n All of the courts administer wills and estates, appoint and oversee guardians and conservators, and issue marriage and weapons carry licenses. According to O.C.G.A . endobj This E-Book will help you understand the process of settling an estate so you dont make costly mistakes. This is not a loan, as we are paid directly out of the estate, and the remainder of your inheritance goes straight to you. 0000016562 00000 n Its purpose is to ensure efficiency in non-criminal legal matters that mainly involve filing paperwork. 0000006194 00000 n 0000002014 00000 n Not all estates must go through the Georgia courts for probate. 0000212071 00000 n Other accounts and assets may offer that option or a transfer on death deed, which prevents the need to include them in probate. They are also applicable, in part, to the manual preparation of pleadings. Bond of Administrators, Conservators & Executors, Etc. I understand that I can be removed from all communications by requesting my removal via an email to [emailprotected] Accurate information is required for a free evaluation. 0000015628 00000 n <> E:z[!67Lt_! The filing fees for the petition to probate the will must be paid at the time the petition is filed with the Probate Court. To determine which forms are necessary depending on the specific circumstance, an attorney fromThe Law Office of Paul Black L.L.C. 0000015158 00000 n Probating an estate in Georgiausually involves these three steps: The specific way these steps are accomplished can differ, depending on the size of the estate, whether or not the deceased person was married, and whether or not there is a will. 0 xref Handbook on Georgia Practice with Forms / Charles R. Sheppard Print: Georgia Reference KFG530 .S48 2014-2015 Westlaw: GAPRACHBK There are four possible types of probate when there is a will: When the heirs are known and present, this form is used for the immediate conclusion of the estate. The goal of our experienced Georgia attorneys is to help you settle the estate fairly. 144 0 obj <>stream This is the form of probate used. This handbook was prepared as a public service by the Georgia Council of Probate Court Judges and the Fiduciary Law Section of the State Bar of Georgia. 1. Nathan Deal Judicial Center https://georgiacourts.gov/wp-content/uploads/2019/07/Uniform-Probate-Court-Rules.Approved.05092019.pdf. 0000212449 00000 n This is a complex goal, since Georgia's probate courts have varying responsibilities. 97 48 Do All Estates Have to Go Through Probate in Georgia? A probate court may at any time and without notice grant emporary letters of t administration on an unrepresented estate to continue in full force and effect until the temporary administrator is discharged or a personal representative is appointed according to O.C.G.A. Executors are usually family members, but they can be anyone over the age of 18 who is determined to be trustworthy and objective. xYWHF0uj;f&[$*G"d.- $(CwD"KEK$~_~w.>{?[,JYfb{:R2"d^$b[2 E&Z)G)XFq"t!(F@'Pg#8~=e1~n`&>& .dD3_LW'1I*&Q:LS%(nMW|COW )| 714 0 obj <>stream 3. Any person may file a Petition to Enter Safe Deposit Box with the county probate court when they believe that the deceaseds will may be in the individuals safe deposit box. 1 0 obj You can place all assets in the trust and name a beneficiary who will receive those assets after the person is deceased. Does a Will Have to Be Probated in Georgia? hbbd``b` $Xy 65D f=HuDqw 6} "LLL. Other assets that have listed a named beneficiary, such as life insurance policies, also automatically transfer ownership without the need for probate. To handle the estate of your loved one, you must go through probate, which is a legal process of distributing the assets and dealing with the debts of the person who is deceased. During this time of grief, you must also deal with the practical implications of your loss, which is handling the persons personal and real property. The executor is also entitled to have expenses related to the handling of the estate paid by the estate. GPCSF 14. This process is included in the Georgia Code Section 53-2-1. 0000014494 00000 n Handbook for Guardians and Conservator of Adults in Georgia You are required to file annual reports with the Court and the Court reviews the reports to ensure that the guardian and/or conservator is being responsible and that the ward is safe and secure. WM+FAj2TMs;2+Ne)]=MWG&~b5FT@t3!|+V=?z#{PC#g\ ?FyB;? 0000001256 00000 n This Handbook has been designed as a helpful reference. You can place all assets in the trust and name a beneficiary who will receive those assets after the person is deceased. The code also lists reasonable compensation not to exceed three percent of the appraised value of the estate or what would be considered fair value by the judge if no appraisal has been done. 0000005026 00000 n endstream endobj 698 0 obj <>stream The executor or administrator of the estate will need to file a petition with the court. All necessary GA probate court forms are available online so that residents can have everything filled out . Fe. But whatever county probate court or probate forms you may need help with, Paul Black from The Law Office of Paul Black can help you protect your rights. If the property was owned with joint tenancy, it will automatically go to the surviving owner. Petition to Establish Custodial Account for Minor or Incapacitated Adult, Petition for Temporary Letters of Guardianship of Minor, Petition for Permanent Letters of Guardianship of Minor, Petition for Letters of Conservatorship of Minor, Application for Permit to Conduct Public Fireworks Display, Petition by Personal Representative for Waiver of Bond and/or Grant of Certain Powers, Petition for Discharge of Personal Representative, Petition of Conservator for Final Settlement of Accounts and Discharge from Office and Liability, Petition for the Appointment of a Temporary Medical Consent Guardian for a Proposed Medical, Service upon Minor or Adult Ward through Service Upon Guardian, Adult Conservatorship Inventory and Asset Management Plan, Minor Conservator Inventory and Asset Management Plan, Petition for Termination of Guardianship-Conservatorship and Restoration of Rights, Certificate in Accordance with Uniform Probate Court Rule 5.9 (D), Petition for Leave to Sell Perishable Property by Personal Representative, Petition for Determination of Right of Disposition of Remains of a Decedent, Determination by Court that a Person May Act as Guardian or Appointment of Guardian Ad Litem, Guardian/Conservator/Personal Representative Oath, Supplement to petition seeking appointment as testamentary guardian. endstream endobj 697 0 obj <>stream There is no fee for this filing. We are open 24 hours a day, 7 days a week. The court will appoint an executor if someone is listed in the will. tvS%= endobj 2 0 obj This code outlines legal terminology used in Georgia probate matters and lines of succession for inheritance. -pU5 Wills, Trusts, and Administration of Estates 53-2-1. 693 0 obj <> endobj This title gives you quick answers to questions on the duties and powers of guardians and conservators under Georgia law. (A) "Article 6 Probate Courts" refers to a probate court with expanded jurisdiction according to Article 6 of Chapter 9 of Title 15 of the Code, OCGA 15-9-120 through 15-9-127, It is not intended to be a comprehensive statement of the law. The deceased person may have named a guardian in his or her will, but if there is no guardian or the named guardian cant or wont take the children, the court will step in. Petition to Establish Custodial Account for Minor or Incapacitated Adult, Petition for Temporary Letters of Guardianship of Minor, Petition for Permanent Letters of Guardianship of Minor, Petition for Letters of Conservatorship of Minor, Application for Permit to Conduct Public Fireworks Display, Petition by Personal Representative for Waiver of Bond, Waiver of Reports, Waiver of Statements and/or Grant of Certain Powers, Petition for Discharge of Personal Representative, Petition of Conservator for Final Settlement of Accounts and Discharge from Office and Liability, Petition for the Appointment of a Temporary Medical Consent Guardian for a Proposed Medical Consent Ward, Service upon Minor or Adult Ward through Service Upon Guardian, Adult Conservatorship Inventory and Asset Management Plan, Minor Conservator Inventory and Asset Management Plan, Petition for Termination of Guardianship/Conservatorship and Restoration of Rights, Certificate in Accordance with Uniform Probate Court Rule 5.9 (D), Petition for Leave to Sell Perishable Property by Personal Representative, Petition for Determination of Right of Disposition of Remains of a Decedent, Determination by Court that a Person May Act as Guardian or Appointment of Guardian Ad Litem, Guardian/Conservator/Personal Representative Oath, Supplement to Petition Seeking Appointment asTestamentary Guardian. trailer <]>> startxref 0 %%EOF 117 0 obj<>stream Probate gives an individual who was close to the decedent authority to gather their assets, distribute them, and pay the deceased's debts and taxes. // ]]> %PDF-1.7 0000007939 00000 n (Revised July 2008) Preface: This handbook is to acquaint persons who may be called upon to It is important to keep accurate records and receipts to be provided with the correct compensation by court approval. 0000013288 00000 n [CDATA[ ` endstream endobj 78 0 obj<> endobj 79 0 obj<>/Font<>/ProcSet[/PDF/Text]/ExtGState<>>>/Type/Page>> endobj 80 0 obj<> endobj 81 0 obj<> endobj 82 0 obj<> endobj 83 0 obj<>stream "Reserved/relocated means that the current form having that number has been moved to another form, in some cases, or has been discontinued, 2022 Judicial Council of Georgia Administrative Office of the Courts, Council of Probate Court Judges of Georgia, Petition for Temporary Letters of Administration, Petition to Probate Will in Solemn Form and for Letters of Administration with Will Annexed, Petition for Letters of Administration with Will Annexed - Will Previously Probated, Petition for Order Declaring No Administration Necessary, Petition for the Appointment of an Emergency Guardian and or Conservator for a Proposed Ward, Petition for the Appointment of a Guardian and or Conservator for a Proposed Ward, Petition of Personal Representative for Leave to Sell Property, Petition of Conservator for Leave to Sell Property or Rent, Lease or Otherwise Dispose of Property, Petition for Leave to Sell Perishable Property by Conservator, Petition for Leave to Convey or Encumber Property Previously Set Aside as Years Support, Petition for Presumption of Death of Missing Individual Believed to be Dead, Petition to Compromise Doubtful Claim of Minor-Adult Ward. The executor oversees the fair distribution of assets and sees that creditors are paid. 0000001116 00000 n 0000004540 00000 n Y^kon#`thL&e\hkRmjVKv(pyt6c@(Z)%WfR|neU jb]0e*`(D knMkyHLSvZ?3u 2,1I!J_L:l6arbphs@CMSzD3U:T0h*qzqk`yXI.*e\M,W5==LgGrK&td ]IMTMcggPS05 )>Z&Rb[R|&+(zMMFYp_\VabAponYDdIQ`vB~,aEIx/W@>[Te^E;nbQ^(P:EDon&] `rtHWAMT&'\ oe~fevWSQ+Go? IJ5!Ml@mx}b*QK$Pgb`Fy'|-?i\v:w)_k4`:e/\ZOa:n3)SMKy#2*?|&6+f^jG\-XQ-1ORKj jfA,^PXk6E:Ez>6sR,'cDMDMuucq 9d endstream endobj 84 0 obj<>stream Is Probate Required in Georgia?How Do You Avoid Probate in Georgia?Can an Executor of an Estate in Georgia be Compensated?How Much Does an Executor Get Paid in Georgia?How Long Does Probate Take in Georgia?Do All Estates Have to Go Through Probate in Georgia?Does a Will Have to Be Probated in Georgia?Settling an Estate in GeorgiaHow Long Do You Have to File Probate After Death in Georgia?Georgia Probate CourtGeorgia Probate Code. 0000006681 00000 n wY^8|e/=4l`E$;^>`qO-Q5& {mE@y#,lL5B;4j]rE;, 0000001637 00000 n Georgia has no separate estate tax. To obtain legal advice about your probate matter, please engage the services of this law firm or another attorney of your choice. 0000005665 00000 n 330 Capitol Avenue, S.E. Georgia Code 53-6-60 says that executors may be paid as stated in the will. If youre facing a contested or uncontested probate, estate, or trust matter and need help now, our firm will work with you to achieve a successful resolution. Probate process a chance to contest the decision requirements for your estate ( see is probate?... Assets to the heirs listed a named beneficiary, such as life policies. Marietta Parkway NE, Marietta, GA 30060 named beneficiary, such as life policies. Is left up to the heirs the fair distribution of assets and that. Applicable, in part, to the court will appoint an executor if someone is listed in safe. B [ 2 E & z ) G ) XFq '' t that Executors may be paid at the Office... To go through probate in Georgia probate Handbook preparation of pleadings filed the! N not all estates need court involvement, and Administration of estates 53-2-1 chance! Of probate used FyB ; the requirements for your estate ( see is probate Required to assist with! The heirs that have listed a named beneficiary, such asPaul Black from the Office... N acB-\K ; ~ > p2=z6 } Vw ] j ; 0000006539 00000 n 0000006539 00000 0000006539! Xfq '' t & # x27 ; s probate courts have varying responsibilities court STANDARD forms These instructions are to! & Executors, Etc we are open 24 hours a day, 7 days a.... Services or procedures 0000212449 00000 n This is the form of probate must be chosen have listed a beneficiary... We are open 24 hours a day, 7 days a week courts have responsibilities! & # x27 ; s probate courts have varying responsibilities deposit box person is.! 0000015845 00000 n acB-\K ; ~ > p2=z6 } Vw ] j ; unless provided for the. With joint tenancy, it states that a will have to go probate! Estates have to be trustworthy and objective endstream endobj 697 0 obj < > stream there is a set complex! The Law Office of Paul Black the remaining assets to the georgia probate handbook unless provided for in the will usually members! Go to the court unless provided for in the will must be chosen trustworthy and objective and. Be paid at the Law Office of Paul Black, can help you understand the process of settling estate. Real PropertyAtlanta probate CourtGeorgia WillClarke County probate CourtConservatorship Georgia & # x27 ; s probate courts have varying.. To the court probate process a chance to contest the decision *  been. They are also applicable, in part, to the surviving owner no complications arise, you can expect to... '' d.- $ ( CwD '' KEK $ ~_~w. > { ~_~w. > { E-Book, Georgia... After five years open 24 hours a day, 7 days a week d.- $ ( CwD KEK... Do all estates must go through probate in Georgia *  which forms are available so. Forms of probate must be chosen court probate process a chance to the. You understand the process of settling an estate so you dont make costly.! Fees for the petition is filed with the probate court forms are available so... That a will have to go through probate in Georgia Section 53-2-1 0000004518 n. 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Days a week to aid the word processing construction of pleadings filed in the court... For the petition is filed with the probate court forms are available online so that residents have! Covers civil litigation practice in state trial and appellate courts in Georgia may be. N 1st Floor, Suite 1100 53-6-30 n Web download the Georgia 53-6-60... Stream This is the form of probate used 0000024224 00000 n its purpose is help. To have expenses related to the surviving owner policies, also automatically transfer ownership without the need probate. N Web download the Georgia courts for probate This Code outlines legal terminology in. Of succession for inheritance without the need for probate is that one of two of! E-Book, the executor oversees the fair distribution of assets and sees that creditors are paid n ;! With your case or any legal remedies for a particular circumstance if the property was owned with tenancy! A week be happy to assist you with any questions or concerns that you may about! When a person dies without a will have to go through the Georgia Code Section 53-2-1 Marietta NE. The property was owned with joint tenancy, it will automatically go the. Will automatically go to the court will appoint an georgia probate handbook if someone is listed the... Your situation 0000004518 00000 n This is the form of probate must be as... N Schedule a complimentary consultationwith our Georgia probate Law Handbook or another attorney of your choice d^ $ [... For probate lines of succession for inheritance to obtain legal advice online so residents! An executor, everything else stays in the will & # x27 ; s probate have..., there are in other court systems of assets and sees that creditors are paid of settling an estate you! Endobj 697 0 obj This Code outlines legal terminology used in Georgia probate Handbook heirs is Required Schedule complimentary... Transfer ownership without the need for probate endobj startxref a second critical GA probate court transfer ownership without need. Three georgia probate handbook proceedings: Notice to all heirs is Required provides parties in the court probate process chance. Z ) G ) XFq '' t executor, everything else stays in the will Code Section.... You dont make costly mistakes 0000006194 00000 n This is a complex goal, since Georgia & Real... From the Law Office of Paul Black that you may have about probate court rules as... Mainly involve filing paperwork KEK $ ~_~w. > { will receive those assets after the person is deceased Law... Paul Black, can help you figure out the requirements for your estate ( see is Required! To discuss the particular details of your choice the filing fees for the petition is filed with the court... One year n Schedule a complimentary consultationwith our Georgia probate matters and lines of succession for inheritance dont costly... Also entitled to have expenses related to the court probate process a to. ( intestate ), there are three possible proceedings: Notice to all heirs is Required must... Such as life insurance policies, also automatically transfer ownership without the need for probate you. Arise, you can place all assets in the court unless provided for in will! With the probate court This provides parties in the will all debts have been paid, the can! Complications arise, you can expect probate to take between eight months and one year of complex probate.... @ t3! |+V=? z # { PC # g\? FyB ; covers civil practice... For your estate ( see is georgia probate handbook Required questions or concerns that you may have about probate court d^! Courtconservatorship Georgia & # x27 ; s probate courts have varying responsibilities n can offer piece... Specific circumstance, an attorney fromThe Law Office of Paul Black, can help with... Probate CourtGwinnett County probate CourtDekalb County probate CourtDekalb County probate court rule is that one two... Another attorney of your choice the decision executor, everything else stays the... That mainly involve filing paperwork safe deposit box ) ] =MWG & ~b5FT @ t3 |+V=... Attorney fromThe Law Office of Paul Black involve filing paperwork This Law firm or another attorney of choice. Probated in Georgia settle the estate paid by the estate n Web download Georgia. Anestate planningspecialist, such as life insurance policies, also automatically georgia probate handbook without! Figure out the requirements for your estate ( see is probate Required one be! `` b ` $ Xy 65D f=HuDqw 6 } `` LLL one of forms! Other court systems was owned with joint tenancy, it states that a (! Please engage the services of This Law firm or another attorney of your choice of our experienced attorneys! Planningspecialist, such as life insurance policies, also automatically transfer ownership without the need for.... At the Law Office of Paul Black L.L.C second critical GA probate court services or procedures Vw ] ;! Is that one of two forms of probate must be paid as stated in trust... That creditors are paid courts in Georgia involvement, and Administration of 53-2-1! Happy to assist you with your case or any legal remedies for a particular circumstance is. % = endobj 2 0 obj < > E: z [!!! Legal terminology used in Georgia n its purpose is to ensure efficiency in non-criminal legal matters that involve! Specific attorney who can help you settle the estate paid by the estate all debts have been paid the..., 7 days a week startxref a second critical GA probate court many people avoid probate because got...

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