23 LC 44 2171
H. B. 91
- 1 -
House Bill 91
By: Representatives Wade of the 9
th
, Scoggins of the 14
th
, Gunter of the 8
th
, Smith of the 18
th
,
Leverett of the 123
rd
, and others
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 5 of Title 53 of the Official Code of Georgia Annotated, relating to
1
probate, so as to require personal representatives to send notices to beneficiaries regarding2
the issuance of letters testamentary or letters of administration; to provide for revocation of3
such letters as to personal representatives who fail to comply; to provide for trust beneficiary4
representation; to provide for a definition; to revise a definition regarding Uniform Transfer5
on Death Security Registration; to provide for related matters; to repeal conflicting laws; and6
for other purposes.7
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8
SECTION 1.9
Chapter 5 of Title 53 of the Official Code of Georgia Annotated, relating to probate, is10
amended by adding a new Code section to read as follows:11
"53-5-8.
12
(a) As used in this Code section, the term 'beneficiary' means a person, including a trust,13
that is designated in a will to take an interest in real or personal property; that has a present14
interest, including, but not limited to, a vested remainder interest, but not including a trust15
beneficiary where there is a trustee who is not also the personal representative required to16 23 LC 44 2171
H. B. 91
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give notice; and whose identity and whereabouts are known or may be determined by17
reasonable diligence.18
(b) Within 30 days following the issuance of letters testamentary or letters of19
administration with the will annexed to the personal representative of a testate estate, such20
personal representative shall send to all beneficiaries by certified or registered mail or21
statutory overnight delivery, with return receipt requested, to his or her last known address22
a notice informing such beneficiaries of the issuance of such letters to the personal23
representative and providing the name, mailing address, and telephone number of such24
personal representative. Provided, however, that notice shall not be required to any25
beneficiary who has waived such right to notification in writing. Within 60 days following26
the issuance of such letters, such personal representative shall file with the probate court27
true and correct copies of such waivers and notices, the return receipts for each, and, with28
respect to any such beneficiary whose identity and whereabouts are unknown, an affidavit29
of diligent search attesting under oath to the efforts of such personal representative to30
identify and locate such beneficiary.31
(c) A personal representative who, without sufficient cause either fails to provide accurate32
information regarding such personal representative's name, mailing address, and telephone33
number within five business days of a request for such information by a beneficiary or by34
the probate court, or otherwise fails to comply with the requirements of subsection (b) of35
this Code section, may be cited to appear and show cause as to why the personal36
representative's letters should not be revoked in the same manner as pursuant to Code37
Section 53-6-53.38
(d) For purposes of this Code section, a trust beneficiary may be represented as provided39
in paragraph (3) of subsection (b) of Code Section 53-7-50."40 23 LC 44 2171
H. B. 91
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SECTION 2.
41
Said chapter is further amended in Code Section 53-5-61, relating to definitions regarding42
Uniform Transfer on Death Security Registration, by revising paragraph (5) as follows:43
"(5) 'Security account' means:44
(A) A reinvestment account associated with a security, a securities account with a45
broker, a cash balance in a brokerage account, cash, interest, earnings, or dividends46
earned or declared on a security in an account, a reinvestment account, or a brokerage47
account, whether or not credited to the account before the owner's death; or
48
(B) An investment management account, investment advisory account, investment49
agency account, custody account, or any other type of security or trust account with a50
financial institution as such term is defined in Code Section 7-1-911, including the51
securities in the account, the cash balance in the account, and cash equivalents, and any52
interest, earnings, or dividends earned or declared on a security in the account, whether53
or not credited to the account before the owner's death; or54
(C) A cash balance or other property held for or due to the owner of a security as a55
replacement for or product of an account security, whether or not credited to the56
account before the owner's death."57
SECTION 3.58
All laws and parts of laws in conflict with this Act are repealed.59