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The Letter Administration form is an essential document used in the probate process, specifically when a petition is filed for letters of administration under Georgia law. This form is crucial for appointing an administrator to manage the estate of a deceased individual who passed away without a will, commonly referred to as intestate. It encompasses detailed instructions outlining the necessary steps for petitioning, including who may be appointed as administrator and the legal requirements for consent from heirs. In particular, the form requires identifying the decedent, estimating the value of the estate, and listing the heirs along with their age and relationship to the deceased. This information not only helps establish the legitimacy of the petition but also facilitates communication among those involved. The form also addresses key issues such as waiving bond requirements and granting the administrator certain powers, provided all heirs consent and proper notice is published. Furthermore, there are specific considerations for heirs who are minors or otherwise unable to represent themselves; guardians can provide consent on their behalf. By providing clarity and structure, this form helps ensure that the probate process runs smoothly and that the decedent’s affairs are handled with care and compliance with the law.
Letter Administration Example
RE: PETITION FOR LETTERS OF ADMINISTRATION
INSTRUCTIONS
I.Specific Instructions
1.This form is to be used for a petition for letters of administration pursuant to O.C.G.A.
2.Use of this form is permissible, but not mandatory, in connection with a petition for appointment of a successor administrator, pursuant to O.C.G.A.
3.With respect to the conditions under which the judge may, pursuant to O.C.G.A.
(a)All of the heirs must consent, and
(b)Notice must be published.
4.O.C.G.A.
estate who is unborn or unknown or is not sui juris must be represented by a guardian, provided that the court may appoint a guardian ad litem or determine that the natural guardian, guardian of the person or property, or testamentary guardian has no conflict and may serve. (See GPCSF 16). For purposes of the consent described in paragraph 3 above, with respect to any heir who is not sui juris, such consent may be given by such guardian. The personal representative of a deceased heir is authorized to consent on behalf of that heir.
5. The attached form consists of 7 pages.
II.General Instructions
General instructions applicable to all Georgia probate court standard forms are available in each
probate court.
Effective 7/98 |
GPCSF 3 |
GEORGIA PROBATE COURT
STANDARD FORM
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PETITION FOR LETTERS OF ADMINISTRATION |
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GEORGIA, |
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COUNTY |
To the Honorable |
Judge of the Probate Court: |
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The petition of___________________________________________________ whose domicile is
_________________________________________________________________, and whose mailing address is
_______________________________________________________________________, shows to the Court that:
1.
_________________________________________________________________________, whose
FirstMiddleLast Name domicile was __________________________________________________________________________
StreetCity CountyState departed this life on _________________________, _______, intestate, leaving an estate of real property valued at
approximately ____________________________________ and personal property valued at approximately
___________________________________.
2.
Under the law it is necessary that said estate be administered; and _________________________
________________________ should be appointed Administrator by reason of (check one):
____
____
____
____
____
____
____
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 decedent’s death.)
being the surviving spouse where no action for divorce or separate maintenance was pending at the time of decedent’s death.
being an heir and not the surviving spouse.
having been selected by a majority in interest of the heirs. being an eligible person as defined by O.C.G.A.
being a creditor of the decedent (evidence of the indebtedness is attached). being the county administrator.
3.
Listed below are the names of all the decedent’s heirs with the age or majority status, address, and relationship to decedent set opposite the name of each:
Name |
Age |
Address |
Relationship |
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(or over 18) |
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____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
4.
Effective 7/98 |
1 |
GPCSF 3 |
Additional Data: Where full particulars are lacking, state here the reasons for any such omission. 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.
(Check one):
____
5.
Notice of this petition must be published either because all heirs have consented that the judge of the probate court may waive the bond and/or grant certain powers contained in O.C.G.A.
____
Notice of this petition need not be published, because waiver of bond and/or grant of powers contained in O.C.G.A.
6.
To the knowledge of the petitioner, no other proceedings with respect to this estate are pending, or have been completed, in any other probate court in this state.
Wherefore, petitioner prays that service be perfected and that if no good cause is shown to the contrary,
________________________________________________ be appointed Administrator of the estate of said
decedent.
______________________________________
Signature of Attorney (or petitioner if pro se) Address:
Telephone Number:
State Bar #:
_________________________________________
Signature of Attorney (or petitioner if pro se) Address:
Telephone Number:
State Bar #:
VERIFICATION
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GEORGIA, |
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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.
______________________________________ |
_______________________________________ |
Petitioner |
Petitioner |
Residence Address: |
Residence Address: |
Telephone Number: |
Telephone Number: |
Sworn to and subscribed before me, this _______ day of ________________________, ________.
_______________________________________
Clerk of Probate Court or Notary Public
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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,COUNTY
We, being (all of the) heirs of the estate of _________________________________________, deceased,
and being sui juris unless otherwise indicated, do hereby acknowledge service, waive all further notice, and select
___________________________ to act as Administrator of the estate of said decedent,
(check only if applicable):
____
and authorize the judge of the probate court to (check all which apply):
____ |
a. |
waive the bond of the Administrator and grant to the Administrator the power |
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to serve without making and filing inventory and without filing any annual or |
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other returns or reports to any court; but the fiduciary shall furnish to the |
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income beneficiaries, at least annually, a statement of receipts and |
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disbursements. |
____ |
b. |
grant to the Administrator all of the powers contained in O.C.G.A. |
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not included in (a) above. |
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____ |
c. |
grant to the Administrator only those certain powers contained in |
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SIGNATURE(S) OF HEIRS
Sworn to and subscribed before
me this ____ day of __________,____.
NOTARY/CLERK OF PROBATE COURT
Sworn to and subscribed before
me this ____ day of __________,____.
NOTARY/CLERK OF PROBATE COURT
Sworn to and subscribed before
me this ____ day of __________,____.
NOTARY/CLERK OF PROBATE COURT
Sworn to and subscribed before
me this ____ day of __________,____.
NOTARY/CLERK OF PROBATE COURT
4
ORDER FOR SERVICE OF NOTICE
Probate Court of |
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County |
(Complete only if applicable:)
Since the heirs have not made a unanimous selection, or the heirs have requested the waiver of bond and/or grant of certain powers, it is ordered that notice be issued and served as follows upon any heirs who did not acknowledge service. Notice of this petition must be mailed by
_______________________________ |
________________________________________ |
DATE |
JUDGE OF THE PROBATE COURT |
NOTICE
NOTE: Strike the sentence in parenthesis below if not applicable.
GEORGIA,COUNTY PROBATE COURT
__________________________________________________________ has petitioned (for
_____________________________________________) to be appointed Administrator of the estate of
_____________________________________________________, deceased, of said County. (The petitioner has
also applied for waiver of bond and/or grant of certain powers contained in O.C.G.A.
_______________, _____ . If any objections are filed, a hearing will be (held on
________________________________ ) (scheduled at a later date). If no objections are filed, the petition may be
granted without a hearing.
JUDGE OF THE PROBATE COURT
By: ____________________________________
CLERK OF THE PROBATE COURT
CERTIFICATE OF MAILING
GEORGIA, |
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COUNTY |
I do hereby certify that I have this day mailed by
____________________________________ |
__________________________________ |
DATE |
CLERK, PROBATE COURT |
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5 |
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PROBATE COURT OF |
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COUNTY |
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STATE OF GEORGIA |
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RE: |
ESTATE OF |
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ESTATE NO. ___________________ |
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_______________________________, |
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RE: |
PETITION FOR LETTERS OF |
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DECEASED |
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ADMINISTRATION |
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FINAL ORDER
The petition of ________________________________________________________ for issuance of
Letters of Administration on the estate of _____________________________________________, deceased, has
been duly filed. Service was perfected according to law. It appears that said decedent died domiciled in said county, intestate; that (initial one):
____
the petitioner
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(name): ________________________________________ |
is lawfully qualified for said administration; and that no objection has been offered. |
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(Initial if applicable.) Such petition contained a request for waiver of bond and/or grant of |
certain powers contained in O.C.G.A.
It is therefore ordered that the undersigned judge does hereby:
(Initial all which apply):
____
a.waive the bond of the Administrator and grant to the Administrator 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 shall furnish to the income beneficiaries, at least annually, a statement of receipts and disbursements.
____
____
b.grant to the Administrator all of the powers contained in O.C.G.A.
c.grant to the Administrator only those certain powers contained in O.C.G.A.
It is therefore ordered that the person found above in this order to be qualified for such office be, and is hereby, appointed Administrator of the estate of said decedent, and that appropriate Letters be issued upon said Administrator’s (giving bond with approved surety in the sum of __________________________ dollars and)
taking the oath as provided by law.
_______________________________ |
__________________________________________ |
DATE |
JUDGE OF THE PROBATE COURT |
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6 |
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OATH |
Georgia, |
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County |
I do solemnly swear or affirm that __________________________________________, 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.
____________________________________________
Administrator
Sworn to and subscribed before me this
_____ day of ________________, _______.
___________________________________
Clerk, Probate Court
7
CERTIFICATE IN ACCORDANCE WITH
UNIFORM PROBATE COURT RULE 21(F)
I certify that the content of the foregoing is identical in all material respects with Georgia probate court standard form entitled PETITION FOR LETTERS OF ADMINISTRATION, except for additions or deletions indicated as required by the Uniform Probate Court Rules.
______________________________ |
______________________________ |
Date |
Signature of Attorney |
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Address: |
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Telephone Number: |
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State Bar#: |
8
File Breakdown
| Fact Name | Description |
|---|---|
| Usage | This form is designed for a petition for letters of administration according to Georgia law, specifically O.C.G.A. §53-6-20, et seq. |
| Successor Administrator | The form can also be utilized to petition for the appointment of a successor administrator under O.C.G.A. §53-6-21(b), provided necessary details about the previous administrator are included. |
| Conditions for Waiving Bond | Under O.C.G.A. §53-7-1(b), for a judge to waive the bond, all heirs must give their consent, and correct notice must be published. |
| Guardian Requirement | According to O.C.G.A. §53-11-2, any unborn or unknown party in probate proceedings must be represented by a guardian, with specific provisions for consent and representation by personal representatives. |
Guide to Using Letter Administration
After you gather the necessary information, filling out the Letter Administration form requires attention to detail. As you complete the form, ensure that all required sections are filled out accurately. It is important to provide the court with a comprehensive view of the decedent’s estate and the reason for requesting the appointment of an administrator. This form should be submitted to the probate court of the county where the decedent lived.
- Start with your information: At the top of the form, clearly print your name, domicile address, and mailing address.
- Identify the decedent: Provide the full name, domicile address, and date of death of the decedent, specifying if they died intestate (without a will).
- Estimate the estate's value: Indicate both the approximate value of the real property and personal property owned by the decedent.
- Select the administrator: Choose the reason for appointing the administrator by checking one of the provided options related to the heirs' consensus or the relational status to the decedent.
- List the heirs: Document the names, ages, addresses, and relationships of all heirs to the decedent.
- Provide additional details: If certain information is missing, explain the reasons and note any relevant factors regarding notice or the need for a guardian ad litem.
- Indicate notice requirements: Specify whether notice of the petition needs to be published based on the consent of the heirs or the knowledge of their identities and addresses.
- Declare other proceedings: Confirm whether there are any other pending proceedings regarding this estate in other courts.
- Sign the petition: Include your signature and, if represented, your attorney’s details, along with their State Bar number and contact information.
- Verification: At the bottom of the form, confirm the truthfulness of the petition's contents with your signature and provide your residential address and phone number.
Get Answers on Letter Administration
What is the purpose of the Letter Administration form?
The Letter Administration form is used to petition for letters of administration. This legal document allows someone to manage the estate of a deceased person, known as the decedent. Essentially, it helps ensure that the decedent's assets are properly handled and distributed according to the law.
Who can file for letters of administration?
Any interested person can file for letters of administration. This includes the surviving spouse, heirs of the decedent, or a creditor of the estate. Each petitioner must validate their relationship or status in accordance with specific legal guidelines.
Is using this form mandatory?
No, using the Letter Administration form is permissible but not mandatory. Petitioners have the option to draft their own petition as long as it contains all necessary information outlined in the relevant Georgia laws.
What information must be included in the petition?
The petition must include the following information:
- Name and domicile of the decedent.
- Date of death and estate value for both real and personal property.
- Choice of administrator and their relationship to the decedent.
- Names and relationships of all heirs, along with their ages or status.
What if an heir is not of legal age?
If an heir is not of legal age or is otherwise incapacitated, a guardian must represent them in the process. This guardian can give consent on behalf of the minor or incapacitated heir, ensuring their interests are protected.
What is the significance of publishing notice?
Publishing notice is crucial because it informs relevant parties about the petition. If all heirs consent to waive bond and certain powers, notice must still be published. This ensures transparency in the administration process and protects the rights of all involved.
Can the court waive the bond requirement?
Yes, the court can waive the bond requirement if all heirs consent and notice is published. Waiving the bond helps simplify the administration process and can make it easier for the appointed administrator to manage the estate.
What happens if there are other proceedings regarding the estate?
The petitioner must declare if there are any other ongoing or completed proceedings related to the same estate in other probate courts. This information is vital to avoid conflicts and ensure that the administration of the estate is handled appropriately.
How do heirs select the administrator?
Heirs select the administrator by unanimous or majority consent based on specific legal criteria. Options include being a surviving spouse, an eligible person under Georgia law, or even a county administrator.
Common mistakes
When completing the Letter Administration form, many individuals make common mistakes that can delay the process or lead to complications. Understanding these errors can streamline your submission.
One frequent mistake is not providing the complete contact information for all heirs. Each heir's name, age, address, and relationship to the decedent must be accurately listed. Omissions can create uncertainty about who is involved, leading to potential issues in verifying the heirs' identities.
Another error is neglecting to check the appropriate boxes regarding the appointment of the Administrator. There are specific conditions under which a person may be appointed. Misidentifying the reasons for selection can result in the petition being denied or the process being unnecessarily prolonged.
Some people fail to provide the necessary documentation along with the form. For instance, if a person claims to be a creditor of the decedent, supporting evidence must be attached. Without this, the petition may not be considered complete, causing delays in administration.
Inaccuracies in stating the decedent's information are also prevalent. The details like full name, date of death, and estimated values of the estate must be correct. Errors in this section can lead to serious legal complications, affecting how the estate is handled.
Consent from all heirs is essential if a waiver of bond is being sought. Not indicating that consent has been obtained, or assuming it without documentation, is a critical mistake. This oversight could invalidate the petition and require additional steps to rectify.
Another common issue arises when failing to understand the requirement for publication of notice. If any heirs are unknown or their addresses are not available, the notice must be published. Inaccurately stating that all heirs’ addresses are known when they are not can cause legal repercussions.
Finally, some individuals don’t carefully review the verification section. It is crucial that the petitioners correctly sign and date this section. Any discrepancies here can undermine the validity of the petition and may necessitate resubmission.
Documents used along the form
The process of petitioning for Letters of Administration requires various supporting documents. Each plays a specific role in ensuring that the probate court has all the necessary information to make an informed decision. Below is a list of common forms and documents often used alongside the Letter Administration form.
- Death Certificate: This official document verifies the death of the decedent and is essential for the probate process. It provides proof of passing, which is required for all claims against the estate.
- List of Heirs: This document outlines all heirs entitled to a portion of the estate. It includes their relationship to the decedent, contact information, and whether they consent to the administration proceedings.
- Affidavit of Heirship: Often used when the decedent died without a will, this affidavit identifies the rightful heirs of the estate. It assists in clarifying heirship for the court.
- Consent to Waive Bond: If all heirs agree to waive the bond for the appointed administrator, this consent form is needed. It simplifies the process by allowing the administrator to act without posting a bond.
- Notice of Petition to Administer Estate: This document serves to notify interested parties about the petition filed. It may need to be published in local newspapers to fulfill legal requirements.
- Inventory of Assets: Once appointed, the administrator must prepare a detailed list of all assets belonging to the estate. This inventory helps in assessing the value and managing estate responsibilities.
Gathering these documents efficiently can streamline the probate process, aiding both the court and the involved parties. Having clear and accurate information is essential for the successful administration of an estate.
Similar forms
The Letter Administration form is similar to several other legal documents in probate proceedings. Each of these documents serves a specific purpose but has overlapping features with the Letter Administration form. Here’s a list highlighting those similarities:
- Petition for Letters Testamentary: This document requests the court to appoint an executor for an estate, much like the Letter Administration form seeks to appoint an administrator for one without a will.
- Application for Temporary Letters of Administration: Similar in purpose, this document is used to appoint a temporary administrator for urgent matters while awaiting the appointment of a permanent administrator.
- Notice of Petition to Administer Estate: This document informs heirs and interested parties about the impending petition for administration, sharing similarities with the notice provisions in the Letter Administration form.
- Waiver of Notice: Heirs may sign this document to agree to the petition without receiving formal notice, paralleling the consent section in the Letter Administration form regarding bond waivers.
- Petition for Appraisal of Estate: Like the Letter Administration form, this petition is part of the estate management process and requests the court’s approval for assessing the estate’s value.
- Consent to Waiver of Bond: This document allows heirs to consent to waive the administrator's bond, reflecting similar consent requirements found in the Letter Administration form.
Dos and Don'ts
When filling out the Letter Administration form, consider the following guidelines:
- Do ensure accuracy. Verify that all information provided is correct, including names, addresses, and dates.
- Do read the instructions thoroughly. Familiarize yourself with specific and general instructions before starting to fill out the form.
- Do include all required signatures. Ensure that every necessary party has signed the petition, especially heirs and guardians.
- Do keep copies of the completed form. Retain a duplicate for your records once the form is submitted.
- Don't omit details. Provide all requested information, even if it requires additional explanation.
- Don't ignore publication requirements. Be aware of the need for publication of the petition notice if all heirs do not consent.
Misconceptions
Misconceptions can often lead to misunderstandings about important processes, such as those associated with the Letter Administration form. Here are six common misconceptions:
- This form is only required for estates with a will. In fact, this form is used for estates where the decedent did not leave a will, as well as for those cases where a will exists but the designated executor cannot serve.
- Any heir can automatically become the administrator. An administrator must be appointed based on specific qualifications and consent from all heirs may be necessary. The appointment is not automatic.
- Publishing notice is optional. Notice must be published unless all heirs consent to waive this requirement. It's an important part of ensuring that all parties are informed of the proceedings.
- Guardians are only necessary for minor heirs. Guardians or guardians ad litem are also needed for heirs who are unknown or incapacitated, ensuring proper representation in the process.
- The form can be filled out randomly without guidelines. Following specific instructions is crucial for accurate completion. Each section has particular requirements that must be adhered to for the petition to be accepted.
- Once submitted, the process is immediate. The court may take time to review the petition. The approval for letters of administration does not happen instantaneously.
Key takeaways
When filling out the Letter Administration form, consider the following key takeaways:
- Purpose of the Form: The form serves as a petition for letters of administration, allowing an appointed individual to manage a decedent’s estate according to state law.
- Non-Mandatory Use: Use of the form is permitted, but not required, for petitions regarding the appointment of a successor administrator.
- Heirs' Consent: All heirs must provide consent if requesting a waiver of bond or specific powers for the administrator.
- Publication Requirement: Notice of the petition must be published under certain circumstances, including when heirs' identities and addresses are unknown.
- Guardian Representation: Unborn, unknown heirs, or those not sui juris need a guardian to represent their interests in proceedings.
- Include All Heirs: Clearly list the names, ages, addresses, and relationships to the decedent for all heirs.
- Instructions Review: Familiarize yourself with the specific instructions provided in the form to avoid errors in submission.
- Signature Requirement: Ensure the form is signed by the petitioner and, if applicable, an attorney representing the petitioner.
- Verification Statement: Include a statement where petitioners affirm the truth of the provided information, to be sworn before a notary public.
- Attachments Matter: Any additional documents that demonstrate a creditor's claim must be included if that option is selected in the petition.
Using these guidelines will assist in accurately filling out and leveraging the Letter Administration form. Thorough preparation and attention to detail will facilitate smoother proceedings in the probate court.