Georgia 2025-2026 Regular Session

Georgia House Bill HB327 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	25 LC 48 1516S~~/AP~~
2		-	House Bill 327 (~~AS PASSED HOUSE AND SENATE~~)
	1	+	25 LC 48 1516S
	2	+	House Bill 327 (COMMITTEE SUBSTITUTE)
3	3		By: Representatives Leverett of the 123
4	4		rd
5	5		, Efstration of the 104
6	6		th
7	7		, Gunter of the 8
8	8		th
9	9		, Reeves
10	10		of the 99
11	11		th
12	12		, Oliver of the 84
13	13		th
14	14		, and others
15	15		A BILL TO BE ENTITLED
16	16		AN ACT
17	17		To amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to
18	18		1
19	19		financial institutions, so as to provide for the appointment of a trust director regarding certain2
20	20		estates; to update certain fiduciary provisions; to amend Chapter 6B of Title 10 of the3
21	21		Official Code of Georgia Annotated, relating to Georgia power of attorney, so as to provide4
22	22		for certain delegations to powers of attorney; to amend Code Section 15-9-127 of the Official5
23	23		Code of Georgia Annotated, relating to concurrent jurisdiction with superior courts and6
24	24		probate court jurisdiction, so as to provide for service of process regarding probate7
25	25		proceedings; to amend Title 19 of the Official Code of Georgia Annotated, relating to8
26	26		domestic relations, so as to provide for parental powers and rights regarding children born9
27	27		out of wedlock or from methods of assisted reproduction; to provide for superior court10
28	28		jurisdiction regarding support orders; to amend Code Section 24-12-21 of the Official Code11
29	29		of Georgia Annotated, relating to disclosure of AIDS confidential information, so as to12
30	30		provide for the dissemination of certain information regarding the estate of a person with13
31	31		AIDS; to amend Title 29 of the Official Code of Georgia Annotated, relating to guardian and14
32	32		ward, so as to increase the amount of moneys distributed under probate court jurisdiction in15
33	33		cases of minors and incapacitated persons; to revise provisions regarding the compensation16
34	34		for legal counsel or guardian ad litem; to amend Code Section 31-10-9 of the Official Code17
35	35		of Georgia Annotated, relating to registration of births, so as to provide for children born18
36		-	H. B. 327
37		-	- 1 - 25 LC 48 1516S~~/AP~~
	36	+	H. B. 327 (SUB)
	37	+	- 1 - 25 LC 48 1516S
38	38		from methods of assisted reproduction; to amend Code Section 43-34-37 of the Official Code
39	39		19
40	40		of Georgia Annotated, relating to persons authorized to perform artificial insemination and20
41	41		civil liability of physician or surgeon, so as to provide for the authorization of performing21
42	42		methods of assisted reproduction; to amend Title 44 of the Official Code of Georgia22
43	43		Annotated, relating to property, so as to provide for petitions of trustees and trust directors23
44	44		regarding nonvested property interests; to provide for certain institutional gifts and funds; to24
45	45		amend Code Section 50-18-160 of the Official Code of Georgia Annotated, relating to25
46	46		protection of personal information of individuals or nonprofit organizations, so as to provide26
47	47		that certain provisions of such Code section shall not apply to the collection and use of27
48	48		personal information by the Department of Early Care and Learning for purposes authorized28
49	49		by Chapter 1A of Title 20; to amend Code Section 51-4-2 of the Official Code of Georgia29
50	50		Annotated, relating to wrongful death of spouse or parent, so as to provide for recovery for30
51	51		children born out of wedlock; to amend Title 53 of the Official Code of Georgia Annotated,31
52	52		relating to wills, trusts, and administration of estates, so as to provide for the decree of32
53	53		adoption; to provide for estate interests of children born out of wedlock or from methods of33
54	54		assisted reproduction; to provide for procedures when heirship distribution is in question34
55	55		regarding estate property interests; to provide for certain fiduciary powers for estate personal35
56	56		representatives; to provide that creditors give personal representatives timely notice of claims36
57	57		against the estate; to provide for the filing and service of estate annual return documentation;37
58	58		to revise certain definitions relating to trusts; to provide for DNA testing with regard to38
59	59		kinship; to provide for the survival of common law and equity regarding trusts; to provide39
60	60		for interested parties in nonjudicial settlement agreements; to provide for conditions in40
61	61		terrorem trust instruments; to provide for trustee duties to the settlor; to provide for certain41
62	62		trustee powers regarding trust modifications; to provide for charitable trusts; to provide for42
63	63		the capacity, appointment, and removal of trustees; to provide for trustee duties to the43
64	64		beneficiary; to provide for trustee powers; to repeal a provision relating to granting powers44
65	65		by qualified beneficiaries; to provide for limitations of actions against a trustee; to provide45
66		-	H. B. 327
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	66	+	H. B. 327 (SUB)
	67	+	- 2 - 25 LC 48 1516S
68	68		for nonresidents acting as trustees; to revise provisions regarding trust instrument delegation
69	69		46
70	70		and unitrusts; to revise provisions relating to trust directors; to provide for electronic trust47
71	71		administration records and electronic signatures with respect to trusts; to provide for48
72	72		definitions; to provide for conformity to federal law; to provide for related matters; to repeal49
73	73		conflicting laws; and for other purposes.50
74	74		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:51
75	75		SECTION 1.52
76	76		Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial53
77	77		institutions, is amended by revising subsection (b) of Code Section 7-1-223, relating to54
78	78		substituted trustee or manager for trust and pooled assets, as follows:55
79	79		"(b) Nothing in this Code section or Code Section 7-1-222 shall be construed to impair any56
80	80		right of the grantor or beneficiaries of trust or pooled assets, a trust director acting as
81	81		57
82	82		authorized by and in compliance with Article 18 of Chapter 12 of Title 53 with respect to58
83	83		trust or pooled assets, or any person acting as authorized by and in compliance with Code59
84	84		Section 53-12-201 with respect to trust or pooled assets under applicable instruments or60
85	85		otherwise to secure or provide for the appointment of a substituted trustee or manager."61
86	86		SECTION 2.62
87	87		Said chapter is further amended by revising subsection (b) of Code Section 7-1-242, relating63
88	88		to restriction on corporate fiduciaries, as follows:64
89	89		"(b) Acting as a fiduciary for purposes of this Code section includes, but is not limited to:65
90	90		(1) Accepting or executing trusts or otherwise acting as a trustee;66
91	91		(2) Administering real or tangible personal property located in Georgia or elsewhere. 67
92	92		For the purposes of As used in this paragraph, the term 'administer' means to possess,68
93	93		purchase, sell, lease, insure, safekeep, manage, or otherwise oversee; and69
94		-	H. B. 327
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	94	+	H. B. 327 (SUB)
	95	+	- 3 - 25 LC 48 1516S
96	96		(3) Acting pursuant to a court order as personal representative, executor, or temporary70
97	97		administrator of the estate of a deceased person or as guardian or conservator for a minor71
98	98		or incapacitated person."72
99	99		SECTION 3.73
100	100		Said chapter is further amended by revising subsection (d) of Code Section 7-1-322, relating74
101	101		to effect of affiliate transfer on bank, abandonment of transfer, and substituted fiduciary, as75
102	102		follows:76
103	103		"(d) Nothing in this Code section shall be construed to impair any right of the grantor or77
104	104		beneficiaries of any fiduciary relationship or a trust director acting as authorized by and in78
105	105		compliance with Article 18 of Chapter 12 of Title 53 with respect to such fiduciary79
106	106		relationship under applicable instruments or otherwise to secure or provide for the80
107	107		appointment of a substituted fiduciary."81
108	108		SECTION 4.82
109	109		Said chapter is further amended by revising Code Section 7-1-324, relating to designation83
110	110		of affiliate trust company as successor fiduciary, as follows:84
111	111		"7-1-324.85
112	112		Upon any affiliate transfer, the affiliate trust company may be designated in any deed, trust86
113	113		instrument, agreement, filing, instrument, notice, certificate, pleading, or other document87
114	114		as successor fiduciary pursuant to this part."88
115	115		SECTION 5.89
116	116		Said chapter is further amended by revising Code Section 7-1-333, relating to limitations on90
117	117		investments, as follows:91
118		-	H. B. 327
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	118	+	H. B. 327 (SUB)
	119	+	- 4 - 25 LC 48 1516S
120	120		"7-1-333.
121	121		92
122	122		Trust institutions and foreign trust institutions, as defined by this part, acting in a fiduciary93
123	123		capacity and for fiduciary purposes, if exercising due care as a prudent investor, and with94
124	124		the consent of any cofiduciary, may invest and reinvest funds held in such fiduciary95
125	125		capacity in the shares of stock of one or more fiduciary investment companies, except96
126	126		where the will, trust instrument or
127	127		indenture, or other instrument under which such trust97
128	128		institution or foreign trust institution acts prohibits such investment, provided that the98
129	129		fiduciary investment company, by its articles of incorporation issued and granted in99
130	130		conformity with Chapter 2 of Title 14, the 'Georgia Business Corporation Code,' shall have100
131	131		and possess the corporate powers required by this part and be subject to the limitations set101
132	132		forth by this part; provided, further, that no such trust institution or foreign trust institution102
133	133		shall invest in the stock of a fiduciary investment company on behalf of any estate, trust,103
134	134		or fund administered by such trust institution or foreign trust institution a sum or amount104
135	135		which that would result in such estate, trust, or fund having a total investment in such stock105
136	136		in excess of the maximum amount or percentage that might be invested by such estate,106
137	137		trust, or fund, under the regulations of the department in effect at the time of such107
138	138		investment, in any common trust fund having total assets equal to the total assets of the108
139	139		fiduciary investment company as increased by the proposed investment; and no trust109
140	140		institution or foreign trust institution shall invest in the stock of a fiduciary investment110
141	141		company if, immediately after such investment and as a consequence thereof, it would own111
142	142		more than 25 percent of the voting securities of such fiduciary investment company which112
143	143		that would then be outstanding."113
144	144		SECTION 6.114
145	145		Said chapter is further amended by revising Code Section 7-1-334, relating to corporate115
146	146		powers and limitations and restrictions, as follows:116
147		-	H. B. 327
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	147	+	H. B. 327 (SUB)
	148	+	- 5 - 25 LC 48 1516S
149	149		"7-1-334.
150	150		117
151	151		Every fiduciary investment company in which a trust institution or foreign trust institution118
152	152		is authorized by this part to own and hold corporate stock or shares, in order to qualify for119
153	153		such investments, shall have such corporate powers as may be granted by Chapter 2 of120
154	154		Title 14, the 'Georgia Business Corporation Code,'
155	155		by virtue of its incorporation under121
156	156		those chapters and shall, in addition, have the following corporate powers under its articles122
157	157		of incorporation and, by its articles of incorporation or its bylaws, be subject to the123
158	158		limitations and restrictions set forth in this Code section:124
159	159		(1) The stock of any such fiduciary investment company shall be owned and held only125
160	160		by trust institutions and foreign trust institutions acting as fiduciaries or cofiduciaries but126
161	161		may be registered in the name of the nominee or nominees of any such trust institution127
162	162		or foreign trust institution. Such stock shall not be subject to transfer or assignment128
163	163		except to the trust institution or foreign trust institution on whose behalf the stock is held129
164	164		by any such nominee or nominees or to a fiduciary or cofiduciary which that becomes130
165	165		successor to the shareholder and which that is also a trust institution or foreign trust131
166	166		institution qualified to hold such stock.;132
167	167		(2) A fiduciary investment company shall have no less fewer than five directors, who133
168	168		need not be shareholders but shall be officers or directors of trust institutions or foreign134
169	169		trust institutions holding stock in such fiduciary investment company; provided, however,135
170	170		that no more than two directors shall be officers or directors of any one trust institution136
171	171		or foreign trust institution if the fiduciary investment company has been organized and137
172	172		incorporated by three or more trust institutions.;138
173	173		(3) In acquiring, investing, reinvesting, exchanging, selling, and managing its assets,139
174	174		every fiduciary investment company shall exercise the judgment and care under the140
175	175		circumstances then existing which men prevailing that persons of prudence, discretion,141
176	176		and intelligence exercise in the management of their own affairs, not in regard to142
177	177		speculation but in regard to the permanent disposition of their funds, considering the143
178		-	H. B. 327
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	178	+	H. B. 327 (SUB)
	179	+	- 6 - 25 LC 48 1516S
180	180		probable income as well as the safety of their capital. Within the foregoing limitations,
181	181		144
182	182		a fiduciary investment company may acquire and retain every kind of investment,145
183	183		specifically including, but not limited to,
184	184		(but not by way of limitation) bonds,146
185	185		debentures, and other corporate obligations and corporate stocks, preferred or common,147
186	186		which men that persons of prudence, discretion, and intelligence acquire or retain for148
187	187		their own account, provided that a fiduciary investment company shall not at any time:149
188	188		(A) Invest in real estate, commodities, or commodity contracts;150
189	189		(B) Participate on a joint or joint and several basis in any securities trading account;151
190	190		(C) Invest in companies for the purpose of exercising control or management;152
191	191		(D) Make loans to any person or persons, except that the purchase of a portion of an153
192	192		issue of debt securities, convertible debt securities, debt securities with warrants, rights,154
193	193		or options attached, or other similar securities when originally issued or thereafter, of155
194	194		a character commonly distributed publicly, shall not be considered the making of a156
195	195		loan;157
196	196		(E) Purchase or retain the securities of any issuer if immediately after such acquisition158
197	197		and as a result thereof the following requirements would not be met: at least 75 percent159
198	198		of the total assets in the fiduciary investment company taken at market value are160
199	199		represented by cash and cash items, securities issued or guaranteed by the United States161
200	200		or an instrumentality thereof, and other securities which that, as to any one issuer, do162
201	201		not represent more than 10 percent of the value of the total assets of the fiduciary163
202	202		investment company;164
203	203		(F) Purchase or otherwise acquire the securities of any other investment company as165
204	204		that such term is defined in the act of Congress entitled 'Investment the federal166
205	205		Investment Company Act of 1940' 1940;167
206	206		(G) Act as underwriter of the securities of other issuers;168
207	207		(H) Borrow money; or169
208		-	H. B. 327
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	208	+	H. B. 327 (SUB)
	209	+	- 7 - 25 LC 48 1516S
210	210		(I) Engage in margin transactions or short sales or write put or call options for the
211	211		170
212	212		purchase or sale of securities.
213	213		;171
214	214		(4) A fiduciary investment company may acquire, purchase, or redeem its own stock and172
215	215		may, by means of contract or by its bylaws, bind itself to acquire, purchase, or redeem173
216	216		its own stock; but it shall not vote shares of its own stock theretofore redeemed.;174
217	217		(5) A fiduciary investment company shall not be responsible for ascertaining the175
218	218		investment powers of any fiduciary who may purchase its stock, shall not be liable for176
219	219		accepting funds from a fiduciary in violation of restrictions of the will, trust instrument177
220	220		or indenture, or other instrument under which such fiduciary is acting in absence of actual178
221	221		knowledge of such violation, and shall be accountable only to the department and the179
222	222		fiduciaries who are the owners of its stock.; and180
223	223		(6) Every fiduciary investment company subject to the supervision and regulation of the181
224	224		comptroller of the currency of the United States shall comply with all applicable rules and182
225	225		regulations of that agency to the extent that such rules and regulations are in addition to183
226	226		or in conflict with rules and regulations promulgated by the department."184
227	227		SECTION 7.185
228	228		Chapter 6B of Title 10 of the Official Code of Georgia Annotated, relating to Georgia power186
229	229		of attorney, is amended in Code Section 10-6B-3, relating to applicability of chapter, by187
230	230		revising paragraphs (9) and (10) and by adding a new paragraph to read as follows:188
231	231		"(9) Any delegation of authority by a personal representative, trustee, or trust director189
232	232		that is expressly provided for under a will or trust instrument or under Title 53, including,190
233	233		but not limited to, paragraph (2) of subsection (a) of Code Section 53-7-5, paragraph (1)191
234	234		of Code Section 53-12-204, Code Section 53-12-345, and subsection (f) of Code Section192
235	235		53-12-503;193
236	236		(10) Powers of attorney provided for under Titles 19 and 33; and194
237	237		(10)(11) As set forth in Code Section 10-6B-81."195
238		-	H. B. 327
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	238	+	H. B. 327 (SUB)
	239	+	- 8 - 25 LC 48 1516S
240	240		SECTION 8.
241	241		196
242	242		Said chapter is further amended by revising Code Section 10-6B-81, relating to application197
243	243		of Chapter 6B, as follows:198
244	244		"10-6B-81.199
245	245		(a) This Code section and
246	246		Code Section 10-6B-19 shall apply retroactively to powers of200
247	247		attorney created before July 1, 2018. The remainder of this chapter shall not apply to a201
248	248		power of attorney executed before July 1, 2017.202
249	249		(b) When Code Section 10-6B-3 this chapter applies to a power of attorney pursuant to203
250	250		Code Section 10-6B-3, Chapter 6 of this title shall not apply to such power of attorney.204
251	251		(c) When, other than this Code section and Code Section 10-6B-19, this chapter does not205
252	252		apply to a power of attorney:206
253	253		(1) It shall not affect the application of Chapter 6 of this title; and207
254	254		(2) The former provisions of Article 7 of Chapter 6 of this title, as such existed on June208
255	255		30, 2017, shall remain applicable."209
256	256		SECTION 9.210
257	257		Code Section 15-9-127 of the Official Code of Georgia Annotated, relating to concurrent211
258	258		jurisdiction with superior courts and probate court jurisdiction, is amended by adding a new212
259	259		subsection to read as follows:213
260	260		"(d) In a proceeding in the probate court under subsection (a) of this Code section, service214
261	261		of summons, notice, or process may be made pursuant to Chapter 11 of Title 53."215
262	262		SECTION 10.216
263	263		Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is217
264	264		amended by revising paragraph (9) of subsection (b) of Code Section 19-7-1, relating to in218
265	265		whom parental power lies, how such power lost, and recovery for homicide of child or219
266	266		unborn child, as follows:220
267		-	H. B. 327
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	267	+	H. B. 327 (SUB)
	268	+	- 9 - 25 LC 48 1516S
269	269		"(9) A superior court order terminating parental rights of the legal father or the biological
270	270		221
271	271		father who is not the legal father of the child in a petition for legitimation, a petition to222
272	272		establish paternity, a divorce proceeding, or a custody proceeding pursuant to this chapter223
273	273		or Chapter 5, 8, or 9 of this title, provided that such termination is in the best interest of224
274	274		such child; and provided, further, that this paragraph shall not apply to such termination225
275	275		when a child has been adopted or is conceived by artificial insemination, in vitro
276	276		226
277	277		fertilization, or other similar method of assisted reproduction as set forth in subsection227
278	278		(a) of Code Section 19-7-21 or when an embryo is adopted as set forth in Article 2 of228
279	279		Chapter 8 of this title."229
280	280		SECTION 11.230
281	281		Said title is further amended by revising Code Section 19-7-21, relating to when children231
282	282		conceived by artificial insemination legitimate, as follows:232
283	283		"19-7-21.233
284	284		(a) All children born within wedlock or within the usual period of gestation thereafter who234
285	285		have been conceived by means of artificial insemination, in vitro fertilization, or other235
286	286		similar method of assisted reproduction are irrebuttably presumed legitimate if both236
287	287		spouses have consented in writing to the use and administration of artificial insemination,237
288	288		in vitro fertilization, or other similar method of assisted reproduction.238
289	289		(b) Subsection (a) of this Code section shall be subject to Article 2 of Chapter 8 of this239
290	290		title, and, in the event of a conflict, the provisions of such article shall prevail."240
291	291		SECTION 12.241
292	292		Said title is further amended by revising subsection (d) of Code Section 19-7-22, relating to242
293	293		petition for legitimation of child, requirement that mother be named as a party, court order,243
294	294		effect, claims for custody or visitation, and third-party action for legitimation in response to244
295	295		petition to establish paternity, as follows:245
296		-	H. B. 327
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	296	+	H. B. 327 (SUB)
	297	+	- 10 - 25 LC 48 1516S
298	298		"(d)(1) Upon the presentation and filing of a legitimation petition, and after a hearing for
299	299		246
300	300		which notice was provided to all interested parties, the court may issue an order declaring247
301	301		the biological father's relationship with the child to be legitimate, provided that such order248
302	302		is in the best interests of the child. If such order is issued, the biological father and child249
303	303		shall be capable of inheriting from each other in the same manner as if the child was
304	304		born250
305	305		in lawful wedlock, pursuant to division (2)(A)(i) of Code Section 53-2-3 and251
306	306		paragraph (1) of subsection (b) of Code Section 53-2-4. Such order shall specify the252
307	307		name by which the child shall be known.253
308	308		(2)(A) If the court determines by clear and convincing evidence that the father caused254
309	309		his child to be conceived as a result of having nonconsensual sexual intercourse with255
310	310		the mother of his child or an offense that consists of the same or similar elements under256
311	311		federal law or the laws of another state or territory of the United States, or when the257
312	312		mother is less than ten years of age, or an offense which consists of the same or similar258
313	313		elements under federal law or the laws of another state or territory of the United States,259
314	314		it shall create a presumption against legitimation.260
315	315		(B)(i) Notwithstanding division (2)(A)(i) of Code Section 53-2-3, if the court denies261
316	316		a legitimation petition under this paragraph, the child shall be capable of inheriting262
317	317		from or through his or her father under divisions (2)(A)(ii) through (vi) of Code263
318	318		Section 53-2-3 or subparagraph (B) of paragraph (2) of Code Section 53-2-3.264
319	319		(ii) Notwithstanding Code Section 53-2-4, if the court denies a legitimation petition265
320	320		under this paragraph, the father shall not be capable of inheriting from or through his266
321	321		child.267
322	322		(C) If there is a pending criminal proceeding in connection with an allegation made268
323	323		pursuant to subparagraph (A) of this paragraph, the court shall stay discovery in the269
324	324		legitimation action until the completion of such criminal proceeding.270
325	325		(D) Except as provided in this paragraph, nothing in this article shall be applied or271
326	326		construed to abrogate or limit:272
327		-	H. B. 327
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	327	+	H. B. 327 (SUB)
	328	+	- 11 - 25 LC 48 1516S
329	329		(i) The jurisdiction of a probate court or a superior court under Code Section 53-2-20273
330	330		to resolve judicially the identity or interest of any heir in accordance with Article 2274
331	331		of Chapter 2 of Title 53; or275
332	332		(ii) The effect of the findings of such a court in such a proceeding pursuant to Code276
333	333		Section 53-2-26."277
334	334		SECTION 13.278
335	335		Said title is further amended by adding a new subsection to Code Section 19-7-40, relating279
336	336		to jurisdiction and administrative determination of paternity, to read as follows:280
337	337		"(c) Nothing in this article shall be applied or construed to abrogate or limit:281
338	338		(1) The jurisdiction of a probate court or a superior court under Code Section 53-2-20282
339	339		to resolve judicially the identity or interest of any heir in accordance with Article 2 of283
340	340		Chapter 2 of Title 53; or284
341	341		(2) The effect of the findings of such a court in such a proceeding pursuant to Code285
342	342		Section 53-2-26."286
343	343		SECTION 14.287
344	344		Said title is further amended by revising subsection (e) of Code Section 19-7-43, relating to288
345	345		petition, by whom brought, effect of agreement on right to bring petition, stay pending birth289
346	346		of child, court order for blood tests, and genetic tests, as follows:290
347	347		"(e) In any case for the collection of child support involving the Department of Human291
348	348		Services in which the paternity of a child or children has not been established or in which292
349	349		the individual receiving services alleges that paternity rests in a person other than the293
350	350		previously established father, the Department of Human Services shall order genetic testing294
351	351		of the mother, the alleged father, and the child or children as specified in Code Section295
352	352		19-7-45. No genetic testing shall be undertaken by the Department of Human Services if296
353	353		the child was adopted either by the applicant for services or other alleged parent or if the297
354		-	H. B. 327
355		-	- 12 - 25 LC 48 1516S~~/AP~~
	354	+	H. B. 327 (SUB)
	355	+	- 12 - 25 LC 48 1516S
356	356		child was conceived by means of artificial insemination, in vitro fertilization, or other298
357	357		similar method of assisted reproduction. The need for genetic testing shall be supported299
358	358		by a sworn statement alleging paternity and setting forth facts establishing a reasonable300
359	359		possibility of the requisite sexual contact between the parties. The parties shall be given301
360	360		notice and an opportunity to contest the order before the Department of Human Services302
361	361		prior to the testing or the imposition of any noncooperation sanction."303
362	362		SECTION 15.304
363	363		Said title is further amended by revising paragraph (3) of subsection (b) and subparagraph305
364	364		(d)(1)(C) of Code Section 19-7-54, relating to motion to set aside determination of paternity,306
365	365		as follows:307
366	366		"(3) The child was not conceived by artificial insemination, in vitro fertilization, or other308
367	367		similar method of assisted reproduction while the male ordered to pay child support and309
368	368		the child's mother were in wedlock;"310
369	369		"(C) The child was conceived by means of artificial insemination, in vitro fertilization,311
370	370		or other similar method of assisted reproduction; or"312
371	371		SECTION 16.313
372	372		Said title is further amended by adding a new Code section to Article 2 of Chapter 11, the314
373	373		"Uniform Reciprocal Enforcement of Support Act," to read as follows:315
374	374		"19-11-82.316
375	375		Nothing in this article shall be applied or construed to abrogate or limit:317
376	376		(1) The jurisdiction of a probate court or a superior court under Code Section 53-2-20318
377	377		to resolve judicially the identity or interest of any heir in accordance with Article 2 of319
378	378		Chapter 2 of Title 53; or320
379	379		(2) The effect of the findings of such a court in such a proceeding pursuant to Code321
380	380		Section 53-2-26."322
381		-	H. B. 327
382		-	- 13 - 25 LC 48 1516S~~/AP~~
	381	+	H. B. 327 (SUB)
	382	+	- 13 - 25 LC 48 1516S
383	383		SECTION 17.
384	384		323
385	385		Said title is further amended by adding a new Code section to Article 3 of Chapter 11, the324
386	386		"Uniform Interstate Family Support Act," to read as follows:325
387	387		"19-11-192.
388	388		326
389	389		Nothing in this article shall be applied or construed to abrogate or limit:327
390	390		(1) The jurisdiction of a probate court or a superior court under Code Section 53-2-20328
391	391		to resolve judicially the identity or interest of any heir in accordance with Article 2 of329
392	392		Chapter 2 of Title 53; or330
393	393		(2) The effect of the findings of such a court in such a proceeding pursuant to Code331
394	394		Section 53-2-26."332
395	395		SECTION 18.333
396	396		Code Section 24-12-21 of the Official Code of Georgia Annotated, relating to disclosure of334
397	397		AIDS confidential information, is amended by revising subsections (y) and (bb) as follows:335
398	398		"(y) The protection against disclosure provided by Code Section 24-12-20 shall be waived,336
399	399		and AIDS confidential information may be disclosed, to the extent that the person337
400	400		identified by such information, his or her; such person's heirs, successors, or assigns, or;338
401	401		a beneficiary of such person, including, but not limited to, an executor, administrator,339
402	402		person's estate; or the personal representative of such person's estate:340
403	403		(1) Files a claim or claims other entitlements under any insurance policy or benefit plan341
404	404		or is involved in any civil proceeding regarding such claim;342
405	405		(2) Places such person's care and treatment, the nature and extent of his or her injuries,343
406	406		the extent of his or her damages, his or her medical condition, or the reasons for his or her344
407	407		death at issue in any judicial proceeding; or345
408	408		(3) Is involved in a dispute regarding coverage under any insurance policy or benefit346
409	409		plan."347
410		-	H. B. 327
411		-	- 14 - 25 LC 48 1516S~~/AP~~
	410	+	H. B. 327 (SUB)
	411	+	- 14 - 25 LC 48 1516S
412	412		"(bb) AIDS confidential information may be disclosed as a part of any proceeding or
413	413		348
414	414		procedure authorized or required pursuant to Chapter 3, 4, or 7 of Title 37,
415	415		regarding a349
416	416		person who is alleged to be or who is mentally ill, developmentally disabled, or alcoholic350
417	417		or drug dependent;, or as a part of any proceeding or procedure authorized or required351
418	418		pursuant to Title 29, regarding the guardianship of a person or that the conservatorship of352
419	419		a person's estate; or as a part of any proceeding or procedure authorized or required353
420	420		pursuant to Title 53 regarding the estate of a deceased person, as follows:354
421	421		(1) Any person who files or transmits a petition or other document which that discloses355
422	422		AIDS confidential information in connection with any such proceeding or procedure shall356
423	423		provide a cover page which that contains only the type of proceeding or procedure, the357
424	424		court in which the proceeding or procedure is or will be pending, and the words358
425	425		'CONFIDENTIAL INFORMATION' without in any way otherwise disclosing thereon359
426	426		the name of any individual or that such petition or other document specifically contains360
427	427		AIDS confidential information;361
428	428		(2) AIDS confidential information shall only be disclosed pursuant to this subsection362
429	429		after disclosure to and with the written consent of the person identified by that363
430	430		information;, or that person's parent or guardian if that person is a minor; or has that364
431	431		person's guardian, if that person previously has been adjudicated as being incompetent,365
432	432		in need of a guardian; the personal representative of that person's estate, if that person is366
433	433		deceased; or by order of court obtained in accordance with subparagraph (C) of paragraph367
434	434		(3) of this subsection;368
435	435		(3) If any person files or transmits a petition or other document in connection with any369
436	436		such proceeding or procedure which that discloses AIDS confidential information without370
437	437		obtaining consent as provided in paragraph (2) of this subsection, the court receiving such371
438	438		information shall either obtain written consent as set forth in that paragraph (2) for any372
439	439		further use or disclosure of such information or:373
440		-	H. B. 327
441		-	- 15 - 25 LC 48 1516S~~/AP~~
	440	+	H. B. 327 (SUB)
	441	+	- 15 - 25 LC 48 1516S
442	442		(A) Return such petition or other document to the person who filed or transmitted
443	443		374
444	444		same, with directions against further filing or transmittal
445	445		transmitting of such375
446	446		information in connection with such proceeding or procedure except in compliance with376
447	447		this subsection;377
448	448		(B) Delete or expunge all references to such AIDS confidential information from the378
449	449		particular petition or other document; or379
450	450		(C)(i) If the court determines there is a compelling need for such information in380
451	451		connection with the particular proceeding or procedure, petition a superior court of381
452	452		competent jurisdiction for permission to obtain or disclose that information. If the382
453	453		person identified by the information is not yet represented by an attorney in the383
454	454		proceeding or procedure in connection with which the information is sought, the384
455	455		petitioning court shall appoint an attorney for such person. The petitioning court shall385
456	456		have both that person and that person's attorney personally served with notice of the386
457	457		petition and of the date, time, and place of the superior court hearing thereon. Such387
458	458		hearing shall not be held sooner than 72 hours after service, unless the information is388
459	459		to be used in connection with an emergency guardianship proceeding under Code389
460	460		Section 29-4-14, in which event the hearing shall not be held sooner than 48 hours390
461	461		after service.391
462	462		(ii) The superior court in which a petition is filed pursuant to division (i) of this392
463	463		subparagraph shall hold an in camera hearing on such petition. The purpose of the393
464	464		hearing shall be to determine whether there is clear and convincing evidence of a394
465	465		compelling need for the AIDS confidential information sought in connection with the395
466	466		particular proceeding or procedure which that cannot be accommodated by other396
467	467		means. In assessing compelling need, the superior court shall weigh the public health,397
468	468		safety, or welfare needs or any other public or private need for the disclosure against398
469	469		the privacy interest of the person identified by the information and the public interest399
470	470		which that may be disserved by disclosures which that may deter voluntary HIV tests. 400
471		-	H. B. 327
472		-	- 16 - 25 LC 48 1516S~~/AP~~
	471	+	H. B. 327 (SUB)
	472	+	- 16 - 25 LC 48 1516S
473	473		If the court determines that disclosure of that such information is authorized under401
474	474		this subparagraph, the court shall order that such disclosure and shall impose402
475	475		appropriate safeguards against any unauthorized disclosure. The records of that403
476	476		hearing otherwise shall be under seal; and404
477	477		(4) The court having jurisdiction over such proceeding or procedure, when it becomes405
478	478		apparent that AIDS confidential information will likely be or has been disclosed in406
479	479		connection with such proceeding or procedure, shall take such measures as the court407
480	480		determines appropriate to preserve the confidentiality of the disclosed information to the408
481	481		maximum extent possible. Such measures shall include, without being but shall not be409
482	482		limited to, closing the proceeding or procedure to the public and sealing all or any part410
483	483		of the records of the proceeding or procedure containing AIDS confidential information. 411
484	484		The records of any appeals taken from any such proceeding or procedure shall also be412
485	485		sealed. Furthermore, the court may consult with and obtain the advice of medical experts413
486	486		or other counsel or advisers as to the relevance and materiality of such information in414
487	487		such proceedings or procedures, provided that the identity of the person identified by415
488	488		such information is not thereby revealed."416
489	489		SECTION 19.417
490	490		Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, is418
491	491		amended by revising Code Section 29-6-1, relating to judges of probate courts as custodians419
492	492		of certain funds and authority to collect debts, as follows:420
493	493		"29-6-1.421
494	494		The judges of the probate courts are, in their discretion, made the legal custodians and422
495	495		distributors of all moneys up to $15,000.00 $25,000.00 due and owing to any minor or423
496	496		incapacitated adult who is in need of a conservator but who has no legal and qualified424
497	497		conservator; and the judges are authorized to receive and collect all such moneys arising425
498	498		from insurance policies, benefit societies, legacies, inheritances, or any other source. 426
499		-	H. B. 327
500		-	- 17 - 25 LC 48 1516S~~/AP~~
	499	+	H. B. 327 (SUB)
	500	+	- 17 - 25 LC 48 1516S
501	501		Without any appointment or qualifying order, the judge is authorized to take charge of the
502	502		427
503	503		moneys or funds of the minor or adult by virtue of the judge's office as judge of the probate428
504	504		court in the county of residence of the minor or adult; provided, however, that notice shall429
505	505		be given to the living parents of a minor, if any, or the guardian of an adult, if any. The430
506	506		certificate of the judge that no legally qualified conservator has been appointed shall be431
507	507		conclusive and shall be sufficient authority to justify any debtor in making payment on432
508	508		claims made by the judge."433
509	509		SECTION 20.434
510	510		Said title is further amended by revising subsection (b) of Code Section 29-9-15, relating to435
511	511		compensation for legal counsel or guardian ad litem, as follows:436
512	512		"(b) In connection with any proceeding brought pursuant to the provisions of Chapter 2,437
513	513		3, 4, 5, 7, or 11 of this title, unless voluntarily waived, the court may award reasonable fees438
514	514		and expenses, commensurate with the tasks performed and time devoted to the proceeding,439
515	515		including any appeals, to any legal counsel who is retained by or on behalf of a minor, a440
516	516		proposed ward, a ward, the petitioner or petitioners, or any other party to any proceeding441
517	517		brought pursuant to the provisions of said chapters. As
518	518		as directed by the court in the442
519	519		exercise of its sound discretion and as the court may deem to be in the best interest of the443
520	520		minor, proposed ward, or ward who is the subject of the particular proceeding."444
521	521		SECTION 21.445
522	522		Code Section 31-10-9 of the Official Code of Georgia Annotated, relating to registration of446
523	523		births, is amended by revising subsections (d) and (f) as follows:447
524	524		"(d) When a birth occurs on a moving conveyance within the United States and the child448
525	525		is first removed from the conveyance in this state, the birth shall be registered in this state449
526	526		and the place where it the child is first removed shall be considered the place of birth. 450
527	527		When a birth occurs on a moving conveyance while in international waters or airspace or451
528		-	H. B. 327
529		-	- 18 - 25 LC 48 1516S~~/AP~~
	528	+	H. B. 327 (SUB)
	529	+	- 18 - 25 LC 48 1516S
530	530		in a foreign country or its airspace and the child is first removed from the conveyance in
531	531		452
532	532		this state, the birth shall be registered in this state but the certificate shall show the actual453
533	533		place of birth insofar as such place
534	534		can be determined."454
535	535		"(f) The birth certificate of a child born to a married woman as a result of artificial455
536	536		insemination, in vitro fertilization, or other similar method of assisted reproduction, with456
537	537		consent of her husband, shall be completed in accordance with the provisions of subsection457
538	538		(e) of this Code section."458
539	539		SECTION 22.459
540	540		Code Section 43-34-37 of the Official Code of Georgia Annotated, relating to persons460
541	541		authorized to perform artificial insemination and civil liability of physician or surgeon, is461
542	542		amended by revising said Code section as follows:462
543	543		"43-34-37.463
544	544		(a) Physicians and surgeons licensed to practice medicine in accordance with and under464
545	545		this article shall be the only persons authorized to administer or perform artificial465
546	546		insemination, in vitro fertilization, or other similar method of assisted reproduction upon466
547	547		any female human being. Any other person or persons who shall attempt to administer or467
548	548		perform or who shall actually administer or perform artificial insemination, in vitro468
549	549		fertilization, or other similar method of assisted reproduction upon any female human being469
550	550		shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment470
551	551		in the penitentiary for not less than one year nor more than five years.471
552	552		(b) Any physician or surgeon who obtains written authorization signed by both the472
553	553		husband and the wife authorizing him or her to perform or administer artificial473
554	554		insemination, in vitro fertilization, or other similar method of assisted reproduction shall474
555	555		be relieved of civil liability to the husband and wife or to any child conceived by artificial475
556	556		insemination, in vitro fertilization, or other similar method of assisted reproduction for the476
557	557		result or results of said artificial insemination, in vitro fertilization, or other similar method477
558		-	H. B. 327
559		-	- 19 - 25 LC 48 1516S~~/AP~~
	558	+	H. B. 327 (SUB)
	559	+	- 19 - 25 LC 48 1516S
560	560		of assisted reproduction, provided that the written authorization provided for in this Code478
561	561		section obtained shall not relieve any physician or surgeon from any civil liability arising479
562	562		from his or her own negligent administration or performance of artificial insemination, in480
563	563		vitro fertilization, or other similar method of assisted reproduction."481
564	564		SECTION 23.482
565	565		Title 44 of the Official Code of Georgia Annotated, relating to property, is amended by483
566	566		revising Code Section 44-5-37, relating to applicability of Code Sections 53-2-112 through484
567	567		53-2-114 to elections under or against deed, as follows:485
568	568		"44-5-37.486
569	569		The principles of Code Sections 53-2-112 through 53-2-114 53-4-70 and 53-4-71 relating487
570	570		to elections shall also apply to deeds."488
571	571		SECTION 24.489
572	572		Said title is further amended by revising Code Section 44-6-203, relating to reform of490
573	573		disposition by court to approximate transferor's plan of distribution, as follows:491
574	574		"44-6-203.492
575	575		Upon the petition of an interested person a trustee, trust director, or other person whose493
576	576		interests would be affected, a court shall reform a disposition in the manner that most494
577	577		closely approximates the transferor's manifested plan of distribution and is within the495
578	578		number of years allowed by paragraph (2) of subsection (a), (b), or (c) of Code Section496
579	579		44-6-201 if:497
580	580		(1) A nonvested property interest or a power of appointment becomes invalid under Code498
581	581		Section 44-6-201;499
582	582		(2) A class gift is not but might still become invalid under Code Section 44-6-201 and500
583	583		the time has arrived when the share of any class member is to take effect in possession501
584	584		or enjoyment; or502
585		-	H. B. 327
586		-	- 20 - 25 LC 48 1516S~~/AP~~
	585	+	H. B. 327 (SUB)
	586	+	- 20 - 25 LC 48 1516S
587	587		(3) A nonvested property interest that is not validated by paragraph (1) of subsection (a)
588	588		503
589	589		of Code Section 44-6-201 can vest, but not within 360 years after its creation."504
590	590		SECTION 25.505
591	591		Said title is further amended by revising paragraphs (1), (2), and (4) of Code Section506
592	592		44-6-204, relating to exceptions to applicability of article, as follows:507
593	593		"(1) A nonvested property interest or a power of appointment arising out of a508
594	594		nondonative transfer, except a nonvested property interest or a power of appointment509
595	595		arising out of:510
596	596		(A) A premarital or postmarital agreement;511
597	597		(B) A separation or divorce settlement;512
598	598		(C) A spouse's election;513
599	599		(D) A similar arrangement arising out of a prospective, existing, or previous marital514
600	600		relationship between the parties;515
601	601		(E) A contract to make or not to revoke a will or trust, including, but not necessarily
602	602		516
603	603		limited to, a contract made pursuant to Code Section 53-4-30;517
604	604		(F) A contract to exercise or not to exercise a power of appointment;518
605	605		(G) A transfer in satisfaction of a duty of support; or519
606	606		(H) A reciprocal transfer;520
607	607		(2) A fiduciary's power relating to the administration or management of assets, including:521
608	608		(A) The the power of a fiduciary to sell, lease, or mortgage property,;522
609	609		(B) The and the power of a fiduciary to determine principal and income; and523
610	610		(C) A power of direction, as such term is defined in Code Section 53-12-500;"524
611	611		"(4) A discretionary power of a trustee to distribute or of a trust director to direct the525
612	612		distribution of principal before termination of a trust to a beneficiary having an526
613	613		indefeasibly vested interest in the income and principal. Nothing; provided, however,527
614	614		that nothing contained in paragraphs (2) and (3) of this Code section and this paragraph528
615		-	H. B. 327
616		-	- 21 - 25 LC 48 1516S~~/AP~~
	615	+	H. B. 327 (SUB)
	616	+	- 21 - 25 LC 48 1516S
617	617		shall be construed to permit the fiduciary to continue the administration or management
618	618		529
619	619		of assets once the nonvested property interest becomes invalid as described in subsection530
620	620		(a) of Code Section 44-6-201;"531
621	621		SECTION 26.532
622	622		Said title is further amended by revising subsection (b) of Code Section 44-6-205, relating533
623	623		to applicability of article and court reform of nonvested dispositions created before article534
624	624		became effective, as follows:535
625	625		"(b) With respect to a nonvested property interest or a power of appointment that was536
626	626		created before July 1, 2018, and that violates this state's rule against perpetuities as that rule537
627	627		existed before July 1, 2018, a court,
628	628		upon the petition of an interested party a trustee, trust538
629	629		director, or other person whose interests would be affected, may:539
630	630		(1) Subject to Code Section 23-1-4, exercise its equitable power;540
631	631		(2) Approve a nonjudicial settlement agreement or make any related determination under541
632	632		subsection (c) of Code Section 53-12-9;542
633	633		(3) Approve a petition to modify or terminate an irrevocable trust under Code Section543
634	634		53-12-61; or544
635	635		(4) Declare that the exercise of the power to invade the principal of the original trust545
636	636		under subsection (b) of Code Section 53-12-62 is appropriate and effective546
637	637		so that the nonvested property interest is within the limits of the rule against perpetuities547
638	638		applicable when the nonvested property interest or power of appointment was created to548
639	639		reform the disposition in the manner that most closely approximates the transferor's549
640	640		manifested plan of distribution and is within the limits of the rule against perpetuities550
641	641		applicable when the nonvested property interest or power of appointment was created."551
642		-	H. B. 327
643		-	- 22 - 25 LC 48 1516S~~/AP~~
	642	+	H. B. 327 (SUB)
	643	+	- 22 - 25 LC 48 1516S
644	644		SECTION 27.
645	645		552
646	646		Said title is further amended by adding a new Code section to Article 9 of Chapter 6, the553
647	647		"Uniform Statutory Rule Against Perpetuities," to read as follows:554
648	648		"44-6-207.
649	649		555
650	650		As used in this article, the term:556
651	651		(1) 'Court' means a court of competent jurisdiction as determined in accordance with557
652	652		Code Section 53-12-6.558
653	653		(2) 'Power of appointment' shall have the same meaning as set forth in Code Section559
654	654		53-12-500.560
655	655		(3) 'Power of direction' shall have the same meaning as set forth in Code Section561
656	656		53-12-500.562
657	657		(4) 'Trust' means an express trust, as such term is defined in Code Section 53-12-2."563
658	658		SECTION 28.564
659	659		Said title is further amended by revising subsections (b) and (e) of Code Section 44-15-3,565
660	660		relating to considerations and standard of conduct for institutions receiving gifts, as follows:566
661	661		"(b) In addition to complying with the duty of loyalty imposed by law other than this567
662	662		chapter, each person responsible for managing and investing an institutional fund shall568
663	663		manage and invest such fund in good faith and with the care, skill, and caution an569
664	664		ordinarily prudent person in a like position would exercise under similar circumstances,570
665	665		considering the purposes, terms, distribution requirements, and other circumstances of the571
666	666		institutional fund."572
667	667		"(e) Except as otherwise provided by a gift instrument, the following rules shall apply:573
668	668		(1) In managing and investing an institutional fund, the following factors, if relevant,574
669	669		shall be considered:575
670	670		(A) General economic conditions;576
671	671		(B) The possible effect of inflation or deflation;577
672		-	H. B. 327
673		-	- 23 - 25 LC 48 1516S~~/AP~~
	672	+	H. B. 327 (SUB)
	673	+	- 23 - 25 LC 48 1516S
674	674		(C) The expected tax consequences, if any, of investment decisions or strategies;
675	675		578
676	676		(D) The role that each investment or course of action plays within the overall579
677	677		investment portfolio of such fund;580
678	678		(E) The expected total return from income and the appreciation of investments;581
679	679		(F) Other resources of the institution;582
680	680		(G) The needs of the institution and such fund to make distributions and to preserve583
681	681		capital; and
682	682		584
683	683		(H) An asset's special relationship or special value, if any, to the charitable purposes585
684	684		of the institution or to the donor; and586
685	685		(I) Any special circumstances;587
686	686		(2) Management and investment decisions about an individual asset shall not be made 588
687	687		in isolation but rather in the context of the institutional fund's portfolio of investments as589
688	688		a whole and as a part of an overall investment strategy having risk and return objectives590
689	689		reasonably suited to the institutional fund and to the institution;591
690	690		(3) An institution may invest in any kind of property or type of investment consistent592
691	691		with the provisions of this Code section;593
692	692		(4) An institution shall reasonably manage the risk of concentrated holdings of assets by594
693	693		diversifying the investments of the institutional fund or by using some other appropriate595
694	694		mechanism, except as provided in this paragraph, as follows:596
695	695		(A) The duty imposed by this paragraph shall not apply if the institution reasonably597
696	696		determines that, because of special circumstances, or because of the specific purposes,598
697	697		terms, distribution requirements, and other circumstances of the institutional fund, the599
698	698		purposes of such fund are better served without complying with the duty. For purposes600
699	699		of this paragraph, special circumstances shall include an asset's special relationship or601
700	700		special value, if any, to the charitable purposes of the institution or to the donor;602
701	701		(B) No person responsible for managing and investing an institutional fund shall be603
702	702		liable for failing to comply with the duty imposed by this paragraph to the extent that604
703		-	H. B. 327
704		-	- 24 - 25 LC 48 1516S~~/AP~~
	703	+	H. B. 327 (SUB)
	704	+	- 24 - 25 LC 48 1516S
705	705		the terms of the gift instrument or express written agreement between the donor and the
706	706		605
707	707		institution limits or waives the duty; and606
708	708		(C) The governing board of an institution may retain property contributed by a donor607
709	709		to an institutional fund for as long as the governing board deems advisable;608
710	710		(5) Within a reasonable time after receiving property, an institution shall make and carry609
711	711		out decisions concerning the retention or disposition of the property or to the rebalancing610
712	712		of a portfolio, in order to bring the institutional fund into compliance with the purposes,611
713	713		terms, and distribution requirements of the institution or the institutional fund as612
714	714		necessary to meet other circumstances of the institution or the institutional fund and the613
715	715		requirements of this chapter; and
716	716		614
717	717		(6) A person that has special skills or expertise, or is selected in reliance upon the615
718	718		person's representation that such person has special skills or expertise, has a duty to use616
719	719		those skills or expertise in managing and investing institutional funds; and617
720	720		(7) In investing and managing institutional funds, an institution may consider the618
721	721		personal values of the donor, including, but not limited to, a desire to engage in investing619
722	722		strategies that align with social, political, religious, philosophical, environmental,620
723	723		governance, or other values or beliefs of the donor; provided, however, that nothing in621
724	724		this paragraph shall allow an institutional fund to be used for a purpose other than a622
725	725		charitable purpose of the institution."623
726	726		SECTION 29.624
727	727		Said title is further amended by revising subsection (a) of Code Section 44-15-4, relating to625
728	728		management of institutional funds for endowment, as follows:626
729	729		"(a) Subject to the intent of a donor expressed in the gift instrument or to any express627
730	730		written agreement between a donor and an institution, an institution may appropriate for628
731	731		expenditure or accumulate assets of an endowment fund as the institution determines shall629
732	732		be prudent for the uses, benefits, purposes, and duration for which the endowment fund is630
733		-	H. B. 327
734		-	- 25 - 25 LC 48 1516S~~/AP~~
	733	+	H. B. 327 (SUB)
	734	+	- 25 - 25 LC 48 1516S
735	735		established. Unless stated otherwise in the gift instrument, the assets in an endowment
736	736		631
737	737		fund shall be donor restricted assets until appropriated for expenditure by the institution. 632
738	738		In making a determination to appropriate or accumulate assets, the institution shall act in633
739	739		good faith, with the care that an ordinarily prudent person in a like position would exercise634
740	740		under similar circumstances,
741	741		; shall exercise reasonable care, skill, and caution; and shall635
742	742		consider, if relevant, the following factors:636
743	743		(1) The duration and preservation of the endowment fund;637
744	744		(2) The purposes of the institution and the endowment fund;638
745	745		(3) General economic conditions;639
746	746		(4) The possible effect of inflation or deflation;640
747	747		(5) The expected total return from income and the appreciation of investments;641
748	748		(6) Other resources of the institution; and642
749	749		(7) The investment policy of the institution; and643
750	750		(8) Any special circumstances."644
751	751		SECTION 30.645
752	752		Said title is further amended by adding new subsections to Code Section 44-15-6, relating646
753	753		to modification of restrictions, to read as follows:647
754	754		"(e) For purposes of subsection (a) of this Code section, a donor's designee includes, but648
755	755		is not limited to, an agent under a power of attorney to the extent authorized by the power649
756	756		of attorney and the duly constituted conservator of a donor who is a protected person, as650
757	757		such term is defined in Code Section 29-11-2, to the extent such conservator is so651
758	758		empowered pursuant to Code Section 29-5-23 or other applicable law.652
759	759		(f) For purposes of subsection (b) of this Code section, if the gift instrument establishes653
760	760		an express trust, as such term is defined in Code Section 53-12-2, a court shall include a654
761	761		probate court or superior court as provided in Code Section 15-9-127 or 53-12-6."655
762		-	H. B. 327
763		-	- 26 - 25 LC 48 1516S~~/AP~~
	762	+	H. B. 327 (SUB)
	763	+	- 26 - 25 LC 48 1516S
764	764		SECTION 31.
765	765		656
766	766		Code Section 50-18-160 of the Official Code of Georgia Annotated, relating to protection657
767	767		of personal information of individuals or nonprofit organizations, is amended in658
768	768		paragraph (12) of subsection (d) by striking "and" at the end of subparagraph (C), replacing659
769	769		the period at the end of subparagraph (D) with "; and", and adding a new subparagraph to660
770	770		read as follows:661
771	771		"(E) By the Department of Early Care and Learning for purposes authorized in
772	772		662
773	773		Chapter 1A of Title 20."663
774	774		SECTION 32.664
775	775		Code Section 51-4-2 of the Official Code of Georgia Annotated, relating to wrongful death665
776	776		of spouse or parent, is amended by revising subsection (f) as follows:666
777	777		"(f) In actions for recovery under this Code section, the fact that a child has been born out667
778	778		of wedlock shall be no bar to recovery, provided that such child born out of wedlock had668
779	779		rights of inheritance from or through the child's deceased parent under Code Section669
780	780		53-2-3."670
781	781		SECTION 33.671
782	782		Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and672
783	783		administration of estates, is amended by revising Code Section 53-1-9, relating to survival673
784	784		of common law and equity, as follows:674
785	785		"53-1-9.675
786	786		Except to the extent that the principles of common law and equity governing wills, trusts,676
787	787		and the administration of estates are modified by this title or another provision of law,677
788	788		those principles remain the law of this state. Without limitation:678
789	789		(1) No provision of this title shall be construed to imply that any other Code section or679
790	790		the common law did not, prior to the enactment of such provision, impose, permit, or680
791		-	H. B. 327
792		-	- 27 - 25 LC 48 1516S~~/AP~~
	791	+	H. B. 327 (SUB)
	792	+	- 27 - 25 LC 48 1516S
793	793		otherwise address a duty, power, relationship, or any other matter governed by such681
794	794		provision; and682
795	795		(2) The failure of the General Assembly to codify an established principle of common683
796	796		law or equity governing wills, trusts, and the administration of estates shall not be684
797	797		construed as evidence that the General Assembly intended to reject that principle unless685
798	798		this title or another provision of law is inconsistent with that principle or there is other686
799	799		evidence the General Assembly intended that such principle should no longer apply."687
800	800		SECTION 34.688
801	801		Said title is further amended by revising Code Section 53-2-2, which is reserved, as follows:689
802	802		"53-2-2.690
803	803		(a) Code Sections 53-2-3 and 53-2-4 shall be subject to the provisions of subparagraph691
804	804		(d)(2)(B) of Code Section 19-7-22.692
805	805		(b) Nothing in this chapter shall be applied or construed to expand or extend the693
806	806		jurisdiction of the probate courts for purposes of Article 2 of Chapter 11 of Title 19, the694
807	807		'Uniform Reciprocal Enforcement of Support Act,' or Article 3 of Chapter 11 of Title 19,695
808	808		the 'Uniform Interstate Family Support Act.' Reserved."696
809	809		SECTION 35.697
810	810		Said title is further amended by revising Code Section 53-2-3, relating to inheritance by698
811	811		children born out of wedlock, as follows:699
812	812		"53-2-3.700
813	813		The rights of inheritance of a child born out of wedlock shall be as follows:701
814	814		(1) A child born out of wedlock may inherit in the same manner as though legitimate702
815	815		from or through the child's mother, the other children of the mother, and any other703
816	816		maternal kin;704
817		-	H. B. 327
818		-	- 28 - 25 LC 48 1516S~~/AP~~
	817	+	H. B. 327 (SUB)
	818	+	- 28 - 25 LC 48 1516S
819	819		(2)(A) A child born out of wedlock may not inherit from or through the child's father,
820	820		705
821	821		the other children of the father, or any paternal kin by reason of the paternal kinship,706
822	822		unless:707
823	823		(i) A court of competent jurisdiction has entered an order declaring the child to be708
824	824		legitimate, under the authority of Code Section 19-7-22 or such other authority as may709
825	825		be provided by law;710
826	826		(ii) A court of competent jurisdiction has otherwise entered a court order establishing711
827	827		paternity;
828	828		that has not been set aside as provided in Code Section 19-7-54; provided,712
829	829		however, that:713
830	830		(I) A temporary order of support entered under subsection (a) of Code Section714
831	831		19-7-46.2 or an order of support entered under subsection (a) of Code Section715
832	832		19-7-49 shall not be conclusive under this division unless such order also satisfies716
833	833		division (i) of this subparagraph or unless the court before which proceedings on the717
834	834		estate are pending determines, in its discretion, that such order also satisfies division718
835	835		(vi) of this subparagraph;719
836	836		(II) A support order, as such term is defined in Code Section 19-11-42, shall not be720
837	837		conclusive under this division unless such order also satisfies division (i) of this721
838	838		subparagraph or unless the court before which proceedings on the estate are pending722
839	839		determines, in its discretion, that such order also satisfies division (vi) of this723
840	840		subparagraph;724
841	841		(III) A temporary order of support entered under subsection (e) of Code Section725
842	842		19-11-48 or a temporary order under Code Section 19-11-74 shall not be conclusive726
843	843		under this division unless such order also satisfies division (i) of this subparagraph727
844	844		or unless the court before which proceedings on the estate are pending determines,728
845	845		in its discretion, that such order also satisfies division (vi) of this subparagraph;729
846	846		(IV) A support order, as such term is defined in Code Section 19-11-101, shall not730
847	847		be conclusive under this division unless such order also satisfies division (i) of this731
848		-	H. B. 327
849		-	- 29 - 25 LC 48 1516S~~/AP~~
	848	+	H. B. 327 (SUB)
	849	+	- 29 - 25 LC 48 1516S
850	850		subparagraph or unless the court before which proceedings on the estate are pending732
851	851		determines, in its discretion, that such order also satisfies division (vi) of this733
852	852		subparagraph;734
853	853		(V) A temporary child support order entered under paragraph (3) of subsection (b)735
854	854		of Code Section 19-11-140 shall be conclusive under this division. A temporary736
855	855		child support order entered under paragraph (5) of subsection (b) of Code Section737
856	856		19-11-140 shall satisfy division (vi) of this subparagraph. Any other temporary738
857	857		child support order entered under subsection (b) of Code Section 19-11-140 shall739
858	858		not be conclusive under this division unless such order also satisfies division (i) of740
859	859		this subparagraph or unless the court before which proceedings on the estate are741
860	860		pending determines, in its discretion, that such order also satisfies division (vi) of742
861	861		this subparagraph;743
862	862		(VI) For purposes of this division, an administrative determination of paternity744
863	863		made pursuant to subsection (b) of Code Section 19-7-40 shall have the same force745
864	864		and effect as a judicial decree;746
865	865		(VII) For purposes of this division, a court order for child support, as such term is747
866	866		defined in Code Section 19-11-3, issued by an administrative or quasi-judicial entity748
867	867		of this state or another state shall have the same force and effect as a judicial decree;749
868	868		(VIII) For purposes of this division, a judgment determining parentage of a child750
869	869		issued by a tribunal or a foreign tribunal, as such terms are defined in Code Section751
870	870		19-11-101, shall be given the same force and effect by the court before which752
871	871		proceedings on the estate are pending as such judgment would be given in the753
872	872		tribunals of Georgia, as designated by subsection (a) of Code Section 19-11-102;754
873	873		and755
874	874		(IX) Nothing in this division shall be applied or construed to make available to the756
875	875		probate courts the information contained in the state case registry pursuant to757
876	876		subsection (e) of Code Section 19-11-39;758
877		-	H. B. 327
878		-	- 30 - 25 LC 48 1516S~~/AP~~
	877	+	H. B. 327 (SUB)
	878	+	- 30 - 25 LC 48 1516S
879	879		(iii) The father has executed a sworn statement signed by him attesting to the
880	880		759
881	881		parent-child relationship, including, but not limited to:
882	882		760
883	883		(I) A voluntary acknowledgment of legitimation that was valid under the former761
884	884		provisions of Code Section 19-7-21.1 and was executed on or before June 30, 2016;762
885	885		(II) A voluntary acknowledgment of paternity that satisfies the requirements of763
886	886		subsection (b) of Code Section 19-7-46.1 and is neither timely rescinded nor764
887	887		successfully challenged as provided by subsection (b) or (c) of Code765
888	888		Section 19-7-46.1;766
889	889		(III) An acknowledgment of paternity made under oath pursuant to Code Section767
890	890		19-11-13; or768
891	891		(IV) A voluntary acknowledgment of paternity that is admissible to establish769
892	892		parentage of the child under subsection (j) of Code Section 19-11-135;770
893	893		(iv)(I) The father has signed the birth certificate of the child.771
894	894		(II) The name or social security account number of the father appears on the birth772
895	895		certificate of the child or on a certified copy of such birth certificate with the written773
896	896		consent of the father in the manner provided by subsection (a) of Code Section774
897	897		19-7-46.1 or paragraph (2) of subsection (e) of Code Section 31-10-9.775
898	898		(III) The father has acknowledged paternity and the social security account776
899	899		information of the father is entered on the birth certificate of the child in the manner777
900	900		provided by subsection (a) of Code Section 31-10-9.1; or778
901	901		(v) The father has otherwise acknowledged paternity under oath in any manner779
902	902		satisfying the definition set forth in paragraph (14) of Code Section 19-11-3 or the780
903	903		requirements of subsection (a) of Code Section 19-11-14; or781
904	904		(vi) There is other clear and convincing evidence that the child is the child of the782
905	905		father.783
906	906		(B)(i) Subparagraph (A) of this paragraph notwithstanding, a child born out of784
907	907		wedlock may inherit from or through the father, other children of the father, or any785
908		-	H. B. 327
909		-	- 31 - 25 LC 48 1516S~~/AP~~
	908	+	H. B. 327 (SUB)
	909	+	- 31 - 25 LC 48 1516S
910	910		paternal kin by reason of the paternal kinship if evidence of the rebuttable
911	911		786
912	912		presumption of paternity described in this subparagraph is filed with the court before787
913	913		which proceedings on the estate are pending and the presumption is not overcome to788
914	914		the satisfaction of the trier of fact by clear and convincing evidence.789
915	915		(ii) There shall exist a rebuttable presumption of paternity of a child born out of790
916	916		wedlock if:
917	917		791
918	918		(I) The child was born to a mother who was a recipient intended parent as the result792
919	919		of an embryo relinquishment pursuant to Article 2 of Chapter 8 of Title 19, the793
920	920		child's mother was not married to the presumptive father at the time of the birth of794
921	921		the child, the child's mother and presumptive father each, as a recipient intended795
922	922		parent, executed a written contract satisfying the requirements of subsection (a) of796
923	923		Code Section 19-8-41, the child is presumed to be the legal child of the presumptive797
924	924		father under subsection (d) of Code Section 19-8-41, and no expedited order of798
925	925		adoption or parentage complying with the requirements of Code Section 19-8-43799
926	926		has been entered by a court of competent jurisdiction as a final order vesting800
927	927		parental rights and responsibilities in the child's presumptive father as a recipient801
928	928		intended parent; or802
929	929		(II) Scientifically credible parentage-determination genetic testing establishes at803
930	930		least a 97 percent probability of paternity. Parentage-determination Scientifically804
931	931		credible parentage-determination genetic testing shall include, but not necessarily805
932	932		be limited to, red cell antigen, human leucocyte antigen (HLA), red cell enzyme,806
933	933		and serum protein electrophoresis tests or testing by deoxyribonucleic acid (DNA)807
934	934		probes. Parentage-determination genetic testing shall be of a type reasonably relied808
935	935		upon by experts in the field of genetic testing; shall be conducted by a laboratory809
936	936		accredited by the AABB, formerly known as the American Association of Blood810
937	937		Banks, or a successor to its functions, or by an accrediting body designated by the811
938	938		secretary of the United States Department of Health and Human Services; and shall812
939		-	H. B. 327
940		-	- 32 - 25 LC 48 1516S~~/AP~~
	939	+	H. B. 327 (SUB)
	940	+	- 32 - 25 LC 48 1516S
941	941		be performed by a duly qualified licensed practicing physician, duly qualified813
942	942		immunologist, or other duly qualified person; provided, however, that in all cases814
943	943		the court before which proceedings on the estate are pending shall determine the815
944	944		number and qualifications of the experts.816
945	945		(C) If any one of the requirements of divisions (i) through (v) (vi) of subparagraph (A)817
946	946		of this paragraph is fulfilled, or if the presumption of paternity set forth in subparagraph818
947	947		(B) of this paragraph shall have been established and shall not have been rebutted by819
948	948		the presentation of clear and convincing evidence as determined by the trier of fact, a820
949	949		child born out of wedlock may inherit in the same manner as though legitimate from821
950	950		and through the child's father, the other children of his or her father, and any other822
951	951		paternal kin;.823
952	952		(D) In determining whether clear and convincing evidence has been presented under824
953	953		this paragraph, the trier of fact may consider and determine the relevance, materiality,825
954	954		and weight of any admissible evidence; provided, however, that:826
955	955		(i) The requirement of reasonable certainty only, as provided by subsection (a) of827
956	956		Code Section 24-14-40, shall not apply to such determination; and828
957	957		(ii) The party bearing the burden of proof that the child is the child of the father by829
958	958		the presentation of clear and convincing evidence under division (vi) of subparagraph830
959	959		(A) of this paragraph shall not be relieved from the onus of proving identity, as831
960	960		provided by subsection (b) of Code Section 24-14-40.832
961	961		(E) Except as provided by division (d)(2)(B)(i) of Code Section 19-7-22, nothing in833
962	962		this paragraph shall be applied or construed to abrogate or limit:834
963	963		(i) The jurisdiction of a probate court or a superior court under Code Section 53-2-20835
964	964		to resolve judicially the identity or interest of any heir in accordance with Article 2836
965	965		of this chapter; or837
966	966		(ii) The effect of the findings of such a court in such a proceeding pursuant to Code838
967	967		Section 53-2-26;839
968		-	H. B. 327
969		-	- 33 - 25 LC 48 1516S~~/AP~~
	968	+	H. B. 327 (SUB)
	969	+	- 33 - 25 LC 48 1516S
970	970		(3) In distributions under this Code section, the children of a deceased child born out of
971	971		840
972	972		wedlock shall represent that deceased child in the manner provided by Code Section
973	973		841
974	974		53-2-1; and842
975	975		(4) The limitation imposed by subsection (b) of Code Section 19-11-14 upon the full843
976	976		faith and credit to be given by the courts of this state to a determination of paternity made844
977	977		by another state shall not affect the rights of inheritance of a child under a voluntary845
978	978		acknowledgment or an administrative or judicial determination otherwise satisfying the846
979	979		requirements of this Code section."847
980	980		SECTION 36.848
981	981		Said title is further amended by revising Code Section 53-2-4, relating to inheritance from849
982	982		children born out of wedlock, as follows:850
983	983		"53-2-4.851
984	984		(a) The mother of a child born out of wedlock, the other children of the mother, and other852
985	985		maternal kin may inherit from and through the child born out of wedlock in the same853
986	986		manner as though the child were legitimate.854
987	987		(b) The father of a child born out of wedlock, the other children of the father, and other855
988	988		paternal kin may inherit from and through the child born out of wedlock in the same856
989	989		manner as if the child were legitimate if:857
990	990		(1) A court of competent jurisdiction has entered an order declaring the child to be858
991	991		legitimate under the authority of Code Section 19-7-22 or such other authority as may be859
992	992		provided by law;860
993	993		(2) A court of competent jurisdiction has otherwise entered a court order establishing861
994	994		paternity that has not been set aside as provided in Code Section 19-7-54; provided,862
995	995		however, that:863
996	996		(A) A temporary order of support entered under subsection (a) of Code Section864
997	997		19-7-46.2 or an order of support entered under subsection (a) of Code Section 19-7-49865
998		-	H. B. 327
999		-	- 34 - 25 LC 48 1516S~~/AP~~
	998	+	H. B. 327 (SUB)
	999	+	- 34 - 25 LC 48 1516S
1000	1000		shall not be conclusive under this paragraph unless such order also satisfies paragraph866
1001	1001		(1) of this subsection;867
1002	1002		(B) A support order, as such term is defined in Code Section 19-11-42, shall not be868
1003	1003		conclusive under this paragraph unless such order also satisfies paragraph (1) of this869
1004	1004		subsection;870
1005	1005		(C) A temporary order of support entered under subsection (e) of Code Section871
1006	1006		19-11-48 or a temporary order under Code Section 19-11-74 shall not be conclusive872
1007	1007		under this paragraph unless such order also satisfies paragraph (1) of this subsection;873
1008	1008		(D) A support order, as such term is defined in Code Section 19-11-101, shall not be874
1009	1009		conclusive under this paragraph unless such order also satisfies paragraph (1) of this875
1010	1010		subsection;876
1011	1011		(E) A temporary child support order entered under paragraph (3) of subsection (b) of877
1012	1012		Code Section 19-11-140 shall be conclusive under this paragraph. Any other temporary878
1013	1013		child support order entered under subsection (b) of Code Section 19-11-140 shall not879
1014	1014		be conclusive under this paragraph unless such order also satisfies paragraph (1) of this880
1015	1015		subsection;881
1016	1016		(F) For purposes of this paragraph, an administrative determination of paternity made882
1017	1017		pursuant to subsection (b) of Code Section 19-7-40 shall have the same force and effect883
1018	1018		as a judicial decree;884
1019	1019		(G) For purposes of this paragraph, a court order for child support, as such term is885
1020	1020		defined in Code Section 19-11-3, issued by an administrative or quasi-judicial entity886
1021	1021		of this state or another state shall have the same force and effect as a judicial decree;887
1022	1022		(H) For purposes of this paragraph, a judgment determining parentage of a child issued888
1023	1023		by a tribunal or a foreign tribunal, as such terms are defined in Code Section 19-11-101,889
1024	1024		shall be given the same force and effect as such judgment would be given in the890
1025	1025		tribunals of Georgia, as designated by subsection (a) of Code Section 19-11-102; and891
1026		-	H. B. 327
1027		-	- 35 - 25 LC 48 1516S~~/AP~~
	1026	+	H. B. 327 (SUB)
	1027	+	- 35 - 25 LC 48 1516S
1028	1028		(I) Nothing in this paragraph shall be applied or construed to make available to the892
1029	1029		probate courts the information contained in the state case registry pursuant to893
1030	1030		subsection (e) of Code Section 19-11-39;894
1031	1031		(3)(A) The father has, during the lifetime of the child, executed a sworn statement895
1032	1032		signed by the father attesting to the parent-child relationship, including, but not limited896
1033	1033		to:897
1034	1034		(i) A voluntary acknowledgment of legitimation that was valid under the former898
1035	1035		provisions of Code Section 19-7-21.1 and was executed on or before June 30, 2016;899
1036	1036		(ii) A voluntary acknowledgment of paternity that satisfies the requirements of900
1037	1037		subsection (b) of Code Section 19-7-46.1 and is neither timely rescinded nor901
1038	1038		successfully challenged as provided by subsection (b) or (c) of Code Section902
1039	1039		19-7-46.1;903
1040	1040		(iii) An acknowledgment of paternity made under oath pursuant to Code Section904
1041	1041		19-11-13; or905
1042	1042		(iv) A voluntary acknowledgment of paternity that is admissible to establish906
1043	1043		parentage of the child under subsection (j) of Code Section 19-11-135.;907
1044	1044		(B) However, provided, however, that when the court determines by clear and908
1045	1045		convincing evidence that the father caused his child to be conceived as a result of909
1046	1046		having nonconsensual sexual intercourse with the mother of his child or when the910
1047	1047		mother is less than ten years of age, such sworn statement shall be insufficient for911
1048	1048		purposes of this subsection;912
1049	1049		(4) During The father has, during the lifetime of the child,:913
1050	1050		(A) The father has signed the birth certificate of the child; or914
1051	1051		(B) The name or social security account number of the father appears on the birth915
1052	1052		certificate of the child or on a certified copy of such birth certificate with the written916
1053	1053		consent of the father in the manner provided by subsection (a) of Code Section917
1054	1054		19-7-46.1 or paragraph (2) of subsection (e) of Code Section 31-10-9; or918
1055		-	H. B. 327
1056		-	- 36 - 25 LC 48 1516S~~/AP~~
	1055	+	H. B. 327 (SUB)
	1056	+	- 36 - 25 LC 48 1516S
1057	1057		(C) The father has acknowledged paternity and the social security account information919
1058	1058		of the father has been entered on the birth certificate of the child in the manner provided920
1059	1059		by subsection (a) of Code Section 31-10-9.1;921
1060	1060		(5) During the lifetime of the child, the father has otherwise acknowledged paternity922
1061	1061		under oath in any manner satisfying the definition set forth in paragraph (14) of Code923
1062	1062		Section 19-11-3 or the requirements of subsection (a) of Code Section 19-11-14;924
1063	1063		provided, however, that, when the court determines by clear and convincing evidence that925
1064	1064		the father caused his child to be conceived as a result of having nonconsensual sexual926
1065	1065		intercourse with the mother of his child or when the mother is less than ten years of age,927
1066	1066		such acknowledgment under oath shall be insufficient for purposes of this subsection; or928
1067	1067		(5)(6) The presumption of paternity described in division (2)(B)(ii) of Code Section929
1068	1068		53-2-3 has been established and has not been rebutted by the presentation of clear and930
1069	1069		convincing evidence as determined by the trier of fact.931
1070	1070		(c) In determining whether clear and convincing evidence has been presented under932
1071	1071		paragraph (6) of subsection (b) of this Code section, the trier of fact may consider and933
1072	1072		determine the relevance, materiality, and weight of any admissible evidence; provided,934
1073	1073		however, that the requirement of reasonable certainty only, as provided by subsection (a)935
1074	1074		of Code Section 24-14-40, shall not apply to such determination.936
1075	1075		(d) Except as provided by division (d)(2)(B)(ii) of Code Section 19-7-22, nothing in937
1076	1076		subsection (b) of this Code section shall be applied or construed to abrogate or limit:938
1077	1077		(1) The jurisdiction of a probate court or a superior court under Code Section 53-2-20939
1078	1078		to resolve judicially the identity or interest of any heir in accordance with Article 2 of this940
1079	1079		chapter; or941
1080	1080		(2) The effect of the findings of such a court in such a proceeding pursuant to Code942
1081	1081		Section 53-2-26.943
1082	1082		(e) The limitation imposed by subsection (b) of Code Section 19-11-14 upon the full faith944
1083	1083		and credit to be given by the courts of this state to a determination of paternity made by945
1084		-	H. B. 327
1085		-	- 37 - 25 LC 48 1516S~~/AP~~
	1084	+	H. B. 327 (SUB)
	1085	+	- 37 - 25 LC 48 1516S
1086	1086		another state shall not affect the rights of inheritance of the father of a child born out of946
1087	1087		wedlock, the other children of the father, and other paternal kin under a voluntary947
1088	1088		acknowledgment or an administrative or judicial determination otherwise satisfying the948
1089	1089		requirements of subsection (b) of this Code section."949
1090	1090		SECTION 37.950
1091	1091		Said title is further amended by revising Code Section 53-2-5, relating to inheritance from951
1092	1092		children conceived by artificial insemination, as follows:952
1093	1093		"53-2-5.953
1094	1094		(a) An individual conceived by artificial insemination, in vitro fertilization, or other similar954
1095	1095		method of assisted reproduction and presumed legitimate in accordance with Code Section955
1096	1096		19-7-21 shall be considered a child of the parents and entitled to inherit under the laws of956
1097	1097		intestacy from the parents and from relatives of the parents, and the parents and relatives957
1098	1098		of the parents shall likewise be entitled to inherit as heirs from and through such individual.958
1099	1099		(b) Subsection (a) of this Code section shall be subject to Article 2 of Chapter 8 of Title959
1100	1100		19, and, in the event of a conflict, the provisions of such article shall prevail."960
1101	1101		SECTION 38.961
1102	1102		Said title is further amended by adding a new Code section to Article 1 of Chapter 2, relating962
1103	1103		to descent and distribution, to read as follows:963
1104	1104		"53-2-9.964
1105	1105		As used in this article, the term 'child born out of wedlock' shall have the same meaning965
1106	1106		as set forth in Code Section 19-7-23."966
1107	1107		SECTION 39.967
1108	1108		Said title is further amended by revising Code Section 53-2-20, relating to jurisdiction of968
1109	1109		probate or superior court, as follows:969
1110		-	H. B. 327
1111		-	- 38 - 25 LC 48 1516S~~/AP~~
	1110	+	H. B. 327 (SUB)
	1111	+	- 38 - 25 LC 48 1516S
1112	1112		"53-2-20.
1113	1113		970
1114	1114		(a)
1115	1115		The identity or interest of any heir may be resolved judicially upon application to the971
1116	1116		probate court that has jurisdiction by virtue of a pending administration or that would have972
1117	1117		jurisdiction in the event of an administration of the estate of the decedent. Alternatively,973
1118	1118		the petition may be filed in the superior court of the county where the probate court having974
1119	1119		jurisdiction, as defined in this Code section, is located; provided, however, that, if the975
1120	1120		petition is filed in connection with a contested proceeding to determine a purported heir's976
1121	1121		entitlement to a year's support from the decedent's estate pursuant to Chapter 3 of this title,977
1122	1122		such petition must be filed in the probate court having jurisdiction.978
1123	1123		(b) The proceedings for the determination of such questions shall conform to the979
1124	1124		requirements set forth in this article.980
1125	1125		(c) Regardless of its terms, an agreement, other than an agreement approved in accordance981
1126	1126		with Article 3 of Chapter 7 of Title 19 by a court having jurisdiction under Code Section982
1127	1127		19-7-40, between an alleged or presumed father of an individual claiming to be an heir and983
1128	1128		such individual claiming to be an heir or the mother of such individual claiming to be an984
1129	1129		heir shall not bar a petition under this article."985
1130	1130		SECTION 40.986
1131	1131		Said title is further amended by revising Code Section 53-2-21, relating to filing of petition,987
1132	1132		as follows:988
1133	1133		"53-2-21.989
1134	1134		(a) Any personal representative, guardian, conservator, committee, trustee, trust director,990
1135	1135		other fiduciary, or other person having a status which that either by operation of law or991
1136	1136		pursuant to written instrument devolves upon such person a duty of distributing property992
1137	1137		to heirs may file a petition for determination of heirship as provided in Code Section993
1138	1138		53-2-20. The petition shall allege:994
1139		-	H. B. 327
1140		-	- 39 - 25 LC 48 1516S~~/AP~~
	1139	+	H. B. 327 (SUB)
	1140	+	- 39 - 25 LC 48 1516S
1141	1141		(1) The the names, addresses, ages, and relationship, so far as known to the petitioner,995
1142	1142		of all parties at in interest, other than creditors, and the nature and character of such996
1143	1143		interests.; and997
1144	1144		(2) Whether The petition shall further allege whether the petitioner has reason to998
1145	1145		apprehend that there may be others entitled to participate in the distribution whose names999
1146	1146		are unknown to the petitioner.1000
1147	1147		(b) With respect to the estate of a decedent who the petitioner knows or has reason to1001
1148	1148		apprehend is an obligor within the meaning of subparagraph (B) of paragraph (17) of Code1002
1149	1149		Section 19-11-101, an individual who is an obligee within the meaning of subparagraph (C)1003
1150	1150		of paragraph (16) of Code Section 19-11-101 is a party in interest for purposes of1004
1151	1151		subsection (a) of this Code section."1005
1152	1152		SECTION 41.1006
1153	1153		Said title is further amended by revising Code Section 53-2-22, relating to petition by person1007
1154	1154		claiming to be heir or distributee, as follows:1008
1155	1155		"53-2-22.1009
1156	1156		(a) Any individual claiming to be an heir or any person in any way interested as a1010
1157	1157		distributee in any property under the laws of intestacy may apply to either the probate court1011
1158	1158		or the superior court specified in Code Section 53-2-20 to have the claim of heirship and1012
1159	1159		quantity of interest established. The petition in such a case shall contain the same1013
1160	1160		averments as to all parties at in interest required of persons filing under Code Section1014
1161	1161		53-2-21 with the person charged with the duty of distribution being named as a party.1015
1162	1162		(b) With respect to the estate of a decedent who is an obligor within the meaning of1016
1163	1163		subparagraph (B) of paragraph (17) of Code Section 19-11-101, an individual who is an1017
1164	1164		obligee within the meaning of subparagraph (C) of paragraph (16) of Code Section1018
1165	1165		19-11-101 is a party in interest who may file a petition for determination of heirship under1019
1166	1166		subsection (a) of this Code section."1020
1167		-	H. B. 327
1168		-	- 40 - 25 LC 48 1516S~~/AP~~
	1167	+	H. B. 327 (SUB)
	1168	+	- 40 - 25 LC 48 1516S
1169	1169		SECTION 42.
1170	1170		1021
1171	1171		Said title is further amended by revising Code Section 53-2-23, relating to superior court1022
1172	1172		procedure, as follows:1023
1173	1173		"53-2-23.1024
1174	1174		(a)
1175	1175		Upon the filing in a superior court of a petition described in Code Section 53-2-21 or1025
1176	1176		53-2-22, service on the parties in interest shall be effected in the same manner as prescribed1026
1177	1177		in cases in which equitable relief is sought; and the provided, however, that the superior1027
1178	1178		court additionally may order service in the manner provided by Code Section 19-7-41. The1028
1179	1179		case shall thereafter proceed to judgment in the manner provided for such cases by the rules1029
1180	1180		of practice in the superior courts.1030
1181	1181		(b) With respect to a direct request seeking determination of parentage of a child pursuant1031
1182	1182		to Part 7 of Article 3 of Chapter 11 of Title 19 that is filed by a petitioner in the superior1032
1183	1183		court as a designated tribunal under subsection (a) of Code Section 19-11-102, this article1033
1184	1184		shall apply in the proceeding, as provided by subsection (a) of Code Section 19-11-184, to1034
1185	1185		the extent the petitioner seeks such determination of parentage for the purpose of1035
1186	1186		establishing the identity or interest of such child as an heir of the decedent; provided,1036
1187	1187		however, that nothing in this subsection shall be applied or construed to expand or extend1037
1188	1188		the jurisdiction of the probate courts for purposes of Article 3 of Chapter 11 of Title 19, the1038
1189	1189		'Uniform Interstate Family Support Act,' or to expand or extend the jurisdiction of the1039
1190	1190		Office of State Administrative Hearings and the Department of Human Services for1040
1191	1191		purposes of this article."1041
1192	1192		SECTION 43.1042
1193	1193		Said title is further amended by revising Code Section 53-2-24, relating to probate court1043
1194	1194		procedure, as follows:1044
1195		-	H. B. 327
1196		-	- 41 - 25 LC 48 1516S~~/AP~~
	1195	+	H. B. 327 (SUB)
	1196	+	- 41 - 25 LC 48 1516S
1197	1197		"53-2-24.
1198	1198		1045
1199	1199		Upon the filing in a probate court of a petition described in Code Section 53-2-21 or1046
1200	1200		53-2-22, a citation shall be issued and parties in interest shall be served as provided in1047
1201	1201		Chapter 11 of this title; provided, however, that the probate court additionally may order
1202	1202		1048
1203	1203		service in the manner provided by Code Section 19-7-41."1049
1204	1204		SECTION 44.1050
1205	1205		Said title is further amended by revising Code Section 53-2-25, relating to intervention by1051
1206	1206		person claiming to be heir or distributee, as follows:1052
1207	1207		"53-2-25.1053
1208	1208		Any individual claiming to be an heir or any person in any way interested as a distributee1054
1209	1209		and who is not named as such in any petition filed and pending under this article may file1055
1210	1210		a motion to intervene in the proceeding pursuant to Code Section 9-11-24."1056
1211	1211		SECTION 45.1057
1212	1212		Said title is further amended by revising Code Section 53-2-26, relating to effect of findings1058
1213	1213		of court, as follows:1059
1214	1214		"53-2-26.1060
1215	1215		(a) In the absence of fraud, the findings of the superior court or the probate court in a1061
1216	1216		proceeding brought under this article shall be binding and conclusive as to every person1062
1217	1217		and as to every issue decided.1063
1218	1218		(b) With respect to the judgment of the superior court or the probate court in a proceeding1064
1219	1219		brought under this article, nothing in subsection (a) of this Code section shall be applied1065
1220	1220		or construed to abrogate or infringe:1066
1221	1221		(1) Any right of appeal provided by Title 5; or1067
1222	1222		(2) Any right to relief provided by Code Section 9-11-60."1068
1223		-	H. B. 327
1224		-	- 42 - 25 LC 48 1516S~~/AP~~
	1223	+	H. B. 327 (SUB)
	1224	+	- 42 - 25 LC 48 1516S
1225	1225		SECTION 46.
1226	1226		1069
1227	1227		Said title is further amended by revising Code Section 53-2-27, relating to DNA testing for1070
1228	1228		kinship, procedure, and costs, as follows:1071
1229	1229		"53-2-27.1072
1230	1230		(a)(1)
1231	1231		When the kinship of any party in interest to a decedent is in controversy in any1073
1232	1232		proceeding under this article, a probate court or superior court may order the removal and1074
1233	1233		testing of deoxyribonucleic acid (DNA) samples from the remains of the decedent and1075
1234	1234		from any party in interest whose kinship to the decedent is in controversy for purposes1076
1235	1235		of comparison and determination of the statistical likelihood of such kinship; provided,1077
1236	1236		however, that no DNA testing shall be ordered with respect to any party in interest whose1078
1237	1237		kinship to the decedent was created or terminated by a decree of adoption, pursuant to1079
1238	1238		subsection (a) of Code Section 19-8-19, unless the right of inheritance of such party in1080
1239	1239		interest was not affected by the adoption, pursuant to subsection (b) of Code Section1081
1240	1240		19-8-19, or if such party in interest was conceived by means of artificial insemination,1082
1241	1241		in vitro fertilization, or other similar method of assisted reproduction; and provided,1083
1242	1242		further, that, for purposes of this subsection, a decree of adoption shall include:1084
1243	1243		(A) Any such decree entered pursuant to Article 1 of Chapter 8 of Title 19;1085
1244	1244		(B) Any such decree recognized in this state pursuant to Code Section 19-8-22; or1086
1245	1245		(C) A final order entered pursuant to Code Section 19-8-43.1087
1246	1246		(2) The court may order the disinterment of the decedent's remains if reasonably1088
1247	1247		necessary to obtain such DNA samples for testing under this subsection.1089
1248	1248		(b) The An order pursuant to subsection (a) of this Code section may be made entered only1090
1249	1249		on motion for good cause shown and upon notice to all parties in interest, and such order1091
1250	1250		shall specify the time, place, manner, conditions, and scope of the removal and testing of1092
1251	1251		samples, and the person or persons by whom it is such removal and testing of DNA1093
1252	1252		samples are to be made. When such motion is made prior to the birth of a child whose1094
1253	1253		kinship to the decedent is in controversy, such order shall direct that the DNA testing be1095
1254		-	H. B. 327
1255		-	- 43 - 25 LC 48 1516S~~/AP~~
	1254	+	H. B. 327 (SUB)
	1255	+	- 43 - 25 LC 48 1516S
1256	1256		conducted as soon as medically feasible after the birth of such child and may stay the1096
1257	1257		proceedings until after the child's birth except service of notice; provided, however, that1097
1258	1258		the requirements of paragraph (1) of subsection (b) of Code Section 53-2-1 shall remain1098
1259	1259		applicable to such child. Such motion, when made by a party in interest, shall be supported1099
1260	1260		by affidavit setting forth:1100
1261	1261		(1) The factual basis for a reasonable belief that the party in interest whose kinship to the1101
1262	1262		decedent is in controversy is or is not so related; and1102
1263	1263		(2) If disinterment of the decedent's remains is sought, the factual basis for a reasonable1103
1264	1264		belief that reliable DNA samples from the decedent are not otherwise reasonably1104
1265	1265		available from any other source.1105
1266	1266		(c) Upon request of a party in interest to a proceeding under this article or as ordered by1106
1267	1267		the court on its own motion in the exercise of its discretion, the movant shall, within ten1107
1268	1268		days after such request is made or such order is entered, but in no event later than ten days1108
1269	1269		prior to the date of a hearing at which such report may be introduced into evidence, deliver1109
1270	1270		to all parties in interest a copy of a detailed written report of the tester and of any other1110
1271	1271		expert or other qualified person involved in the determination of such statistical likelihood1111
1272	1272		setting out his or her findings, including the results of all tests made and conclusions or1112
1273	1273		opinions based thereon. Unless a party in interest objects in writing within seven days after1113
1274	1274		receiving such report and prior to the date of such hearing, such report shall be admitted1114
1275	1275		in evidence without the need for foundation testimony or other proof of authenticity or1115
1276	1276		accuracy. When a timely objection is filed, such report shall be admitted in evidence when1116
1277	1277		offered by a duly qualified licensed practicing physician, duly qualified immunologist, or1117
1278	1278		other duly qualified person; provided, however, that in all cases the court shall determine1118
1279	1279		the number and qualifications of the experts. Other relevant evidence shall be admitted as1119
1280	1280		is deemed appropriate by the court. To provide any party in interest an adequate1120
1281	1281		opportunity to be heard or as otherwise appears reasonably necessary to a just1121
1282	1282		determination in a proceeding under this article, the court shall grant a continuance of any1122
1283		-	H. B. 327
1284		-	- 44 - 25 LC 48 1516S~~/AP~~
	1283	+	H. B. 327 (SUB)
	1284	+	- 44 - 25 LC 48 1516S
1285	1285		such hearing. Upon motion of any party in interest or on the court's own motion, any1123
1286	1286		hearing or trial held in a proceeding under this article may be held in closed court without1124
1287	1287		any person other than those necessary to the proceeding being admitted.1125
1288	1288		(d)(1) The costs of obtaining and testing of such DNA samples, including the costs of1126
1289	1289		disinterment and reinterment of the remains of the decedent, if necessary, as well as the1127
1290	1290		costs of providing the report, shall be assessed against and paid by the moving party, and1128
1291	1291		the court may award such costs as part of its final decree; provided, however, that the1129
1292	1292		court may, in its discretion after all parties in interest have been given reasonable1130
1293	1293		opportunity to be heard, cast all or part of such costs against one or more parties in1131
1294	1294		interest upon entering a finding of fact that any such party has asserted in bad faith a1132
1295	1295		position with respect to the kinship in controversy in a proceeding under this article or1133
1296	1296		has failed unreasonably to cooperate with an order for DNA testing entered pursuant to1134
1297	1297		this Code section. The costs of disinterment may include a reasonable fee for services1135
1298	1298		provided by a cemetery company in connection therewith, subject to the limitation upon1136
1299	1299		such charges imposed by subsection (d) of Code Section 10-14-17.1137
1300	1300		(2) Except as otherwise provided by paragraph (1) of this subsection, the court may, in1138
1301	1301		its discretion after all parties in interest have been given reasonable opportunity to be1139
1302	1302		heard, order reasonable fees of counsel, experts, and guardians ad litem and other costs1140
1303	1303		of the proceeding, including pretrial proceedings, to be paid by the parties in interest in1141
1304	1304		proportions and at times determined by the court.1142
1305	1305		(3) The trier of fact shall receive without foundation or the need for third-party testimony1143
1306	1306		evidence of the costs and fees provided for by this subsection, and the evidence so1144
1307	1307		presented shall constitute prima-facie evidence of the amounts of the costs so incurred. 1145
1308	1308		Copies of bills for the obtaining and testing of DNA samples, including the costs of1146
1309	1309		disinterment and reinterment of the remains of the decedent, if necessary, furnished to all1147
1310	1310		parties in interest at least ten days prior to the date of a hearing at which such copies of1148
1311	1311		bills may be introduced into evidence, are admissible in evidence to prove that the1149
1312		-	H. B. 327
1313		-	- 45 - 25 LC 48 1516S~~/AP~~
	1312	+	H. B. 327 (SUB)
	1313	+	- 45 - 25 LC 48 1516S
1314	1314		charges billed were reasonable, necessary, and customary; provided, however, that1150
1315	1315		nothing in this paragraph shall be construed to limit the right of a thorough and sifting1151
1316	1316		cross-examination as to such evidence.1152
1317	1317		(e) DNA testing performed pursuant to this Code section shall be conducted by a1153
1318	1318		laboratory certified by the American Association of Blood Banks, shall be conducted so1154
1319	1319		that the results meet the standards the American Association of Blood Banks requires in1155
1320	1320		order for such results to be admitted as evidence in a court of law, and shall be performed1156
1321	1321		by a duly qualified licensed practicing physician, duly qualified immunologist, or other1157
1322	1322		duly qualified person; provided, however, that in all cases the court before which1158
1323	1323		proceedings on the estate are pending shall determine the number and qualifications of the1159
1324	1324		experts.1160
1325	1325		(f) An order for DNA testing entered pursuant to this Code section shall be enforceable by1161
1326	1326		contempt; provided, however, that, if the movant refuses to submit to such an order, the1162
1327	1327		court may, in its discretion after all parties in interest have been given reasonable1163
1328	1328		opportunity to be heard, dismiss or strike the movant's pleadings upon motion by any party1164
1329	1329		in interest or on the court's own motion.1165
1330	1330		(g) Except as ordered by the court for good cause shown pursuant to subsection (b) of this1166
1331	1331		Code section, the genetic material collected for DNA testing performed pursuant to this1167
1332	1332		Code section:1168
1333	1333		(1) If collected through the disinterment of the decedent's remains, shall be destroyed1169
1334	1334		within a reasonable time as determined by the court;1170
1335	1335		(2) If made available from a source other than through the disinterment of the decedent's1171
1336	1336		remains, shall be destroyed or returned in the manner reasonably directed by such source1172
1337	1337		or in accordance with such source's standard rules and regulations; and1173
1338	1338		(3) Shall not be shared with any other person or entity except to the extent reasonably1174
1339	1339		necessary for compliance with paragraphs (1) and (2) of this subsection.1175
1340		-	H. B. 327
1341		-	- 46 - 25 LC 48 1516S~~/AP~~
	1340	+	H. B. 327 (SUB)
	1341	+	- 46 - 25 LC 48 1516S
1342	1342		(h) The disinterment and reinterment of the decedent's remains in accordance with a court1176
1343	1343		order entered pursuant to subsection (a) of this Code section:1177
1344	1344		(1) Shall not require a permit under Code Section 12-3-52, 12-3-82, or 36-72-4 as a1178
1345	1345		condition precedent to such disinterment;1179
1346	1346		(2) Shall not require authorization under subsection (f) of Code Section 31-10-20 as a1180
1347	1347		condition precedent to such disinterment or reinterment;1181
1348	1348		(3) Shall not constitute a disturbance, destruction, defacing, mutilation, removal, or1182
1349	1349		exposure of interred human remains under Code Section 31-21-6;1183
1350	1350		(4) Shall not constitute a violation of any provision of Code Section 31-21-44;1184
1351	1351		(5) Shall be supervised, monitored, or carried out as provided in Code Section 36-72-151185
1352	1352		when such disinterment or reinterment is in an abandoned cemetery or burial ground, as1186
1353	1353		defined in Code Section 36-72-2; provided, however, that nothing in Code Section1187
1354	1354		36-72-15 shall affect the assessment, allocation, or payment of costs ordered by the court1188
1355	1355		pursuant to subsection (d) of this Code section; and1189
1356	1356		(6) May be done by any person who is or is able to be authorized to disinter the remains1190
1357	1357		of a human body under Code Section 45-16-45 or subsection (b) of Code Section1191
1358	1358		45-16-51; provided, however, that nothing in this paragraph shall limit the persons whom1192
1359	1359		the court may designate to perform such disinterment pursuant to subsection (b) of this1193
1360	1360		Code section.1194
1361	1361		(i) Any person disinterring or reinterring a decedent's remains in accordance with a court1195
1362	1362		order entered pursuant to subsection (a) of this Code section shall be deemed to be a person1196
1363	1363		having duties imposed upon that person relating to the possession or disposition of dead1197
1364	1364		bodies while in the performance of said duties within the meaning of subsection (b) of1198
1365	1365		Code Section 31-21-44.1199
1366	1366		(j) DNA testing performed pursuant to this Code section shall be deemed to be genetic1200
1367	1367		testing conducted to obtain information for therapeutic or diagnostic purposes within the1201
1368	1368		meaning of subsection (a) of Code Section 33-54-3; provided, however, that DNA testing1202
1369		-	H. B. 327
1370		-	- 47 - 25 LC 48 1516S~~/AP~~
	1369	+	H. B. 327 (SUB)
	1370	+	- 47 - 25 LC 48 1516S
1371	1371		performed pursuant to this Code section may be conducted without written consent prior1203
1372	1372		to the decedent's death.1204
1373	1373		(k) Any court issuing an order with respect to a determination of heirship under this article1205
1374	1374		shall not, insofar as possible, attach the written results from DNA testing to any pleading1206
1375	1375		or court order."1207
1376	1376		SECTION 47.1208
1377	1377		Said title is further amended by adding a new Code section to Article 2 of Chapter 2, relating1209
1378	1378		to judicial determination of heirs and interests, to read as follows:1210
1379	1379		"53-2-28.1211
1380	1380		(a) Any proceeding brought under this article is a civil action, which shall be governed by1212
1381	1381		the rules of civil procedure except as otherwise expressly provided in this article. Except1213
1382	1382		to the extent otherwise provided in Code Section 53-2-27, expressly provided in this Code1214
1383	1383		section, or modified by another applicable statute, the common law as expounded by1215
1384	1384		Georgia courts shall continue to be applied to the admission and exclusion of evidence and1216
1385	1385		to procedures at trial in proceedings brought under this article.1217
1386	1386		(b) If in any proceeding brought under this article no answer or objection has been filed1218
1387	1387		within the time required by Chapter 11 of this title or by Chapter 11 of Title 9, the 'Georgia1219
1388	1388		Civil Practice Act,' as applicable, the case shall automatically become in default unless the1220
1389	1389		time for filing such answer or objection has been extended as provided by law. In any1221
1390	1390		proceeding brought under this article that has become in default:1222
1391	1391		(1) In the probate court, the default thereafter shall be governed by Code Section1223
1392	1392		15-9-47; and1224
1393	1393		(2) In the superior court, the default thereafter shall be governed by Code Section1225
1394	1394		9-11-55.1226
1395	1395		(c) In proceedings under this article, the provisions of Title 19 shall be supplemental to the1227
1396	1396		provisions of this title, and the provisions of this title shall be construed and applied in para1228
1397		-	H. B. 327
1398		-	- 48 - 25 LC 48 1516S~~/AP~~
	1397	+	H. B. 327 (SUB)
	1398	+	- 48 - 25 LC 48 1516S
1399	1399		materia with the provisions of Title 19, except to the extent that the provisions of Title 191229
1400	1400		are in conflict with or are incompatible with the provisions of this title."1230
1401	1401		SECTION 48.1231
1402	1402		Said title is further amended by revising subsection (c) of Code Section 53-2-40, relating to1232
1403	1403		petition, as follows:1233
1404	1404		"(c) The personal representative of the estate of a deceased heir is authorized to agree to1234
1405	1405		the division on behalf of that such heir. If the estate of a deceased heir has no personal1235
1406	1406		representative, such deceased heir's estate may be represented in the proceeding by a1236
1407	1407		guardian, pursuant to Code Section 53-11-2, and such guardian is authorized to agree to the1237
1408	1408		division on behalf of such heir."1238
1409	1409		SECTION 49.1239
1410	1410		Said title is further amended by revising subsection (b) of Code Section 53-2-51, relating to1240
1411	1411		procedure, as follows:1241
1412	1412		"(b) Upon filing of the petition, the probate court:1242
1413	1413		(1) Shall shall issue a citation as provided in Chapter 11 of this title, requiring the heirs,1243
1414	1414		if any, to file any objection to the petition by a date that is at least 60 days from the date1244
1415	1415		of the citation,;1245
1416	1416		(2) Shall and shall order notice by publication to all heirs of the decedent as provided in1246
1417	1417		Code Section 53-11-4; and1247
1418	1418		(3) May direct any additional service, as provided in Code Section 53-11-5."1248
1419	1419		SECTION 50.1249
1420	1420		Said title is further amended by revising paragraph (2) of subsection (b) of and by adding a1250
1421	1421		new subsection to Code Section 53-4-5, relating to written statement or list disposing of1251
1422	1422		items of tangible personal property, to read as follows:1252
1423		-	H. B. 327
1424		-	- 49 - 25 LC 48 1516S~~/AP~~
	1423	+	H. B. 327 (SUB)
	1424	+	- 49 - 25 LC 48 1516S
1425	1425		"(2) Describes the items and the beneficiaries recipients thereof with reasonable1253
1426	1426		certainty; and"1254
1427	1427		"(c) A written statement or list meeting the requirements of subsection (b) of this Code1255
1428	1428		section shall not be deemed to be the testator's will or a part of such testator's will."1256
1429	1429		SECTION 51.1257
1430	1430		Said title is further amended by adding a new subsection to Code Section 53-4-20, relating1258
1431	1431		to required writing, signing, witnesses, and codicil, to read as follows:1259
1432	1432		"(d) A will or codicil that was executed or attested pursuant to the authority of the1260
1433	1433		Governor's Executive Order 04.09.20.01 shall not be treated as invalid solely because it1261
1434	1434		was not executed or attested in the testator's physical presence."1262
1435	1435		SECTION 52.1263
1436	1436		Said title is further amended by revising Code Section 53-5-8, relating to notice to1264
1437	1437		beneficiary provided by personal representative and representation for beneficiaries, as1265
1438	1438		follows:1266
1439	1439		"53-5-8.1267
1440	1440		(a) As used in this Code section, the term 'beneficiary' means a person, including a trust,1268
1441	1441		that is designated in a will to take an interest in real or personal property; that has a present1269
1442	1442		interest, including, but not limited to, a vested remainder interest, but not including a trust1270
1443	1443		beneficiary where there is a trustee who is not also the personal representative required to1271
1444	1444		give notice; and whose identity and whereabouts are known or may be determined by1272
1445	1445		reasonable diligence. The personal representative shall have a duty to notify the1273
1446	1446		beneficiaries of a testate estate of the probate of the will and the name and mailing address1274
1447	1447		of such personal representative; provided, however, that notice shall not be required to be1275
1448	1448		given to any beneficiary who:1276
1449	1449		(1) Has waived such right to notification in writing;1277
1450		-	H. B. 327
1451		-	- 50 - 25 LC 48 1516S~~/AP~~
	1450	+	H. B. 327 (SUB)
	1451	+	- 50 - 25 LC 48 1516S
1452	1452		(2) Acknowledged service of and assented to the petition to probate the will, if such1278
1453	1453		personal representative was a petitioner; or1279
1454	1454		(3) Is such personal representative.1280
1455	1455		Such notification shall be given within six months from the date of qualification of the first1281
1456	1456		personal representative of a testate estate to serve.1282
1457	1457		(b) Within 30 days following the issuance of letters testamentary or letters of1283
1458	1458		administration with the will annexed to the personal representative of a testate estate, such1284
1459	1459		personal representative shall send to all beneficiaries by certified or registered mail or1285
1460	1460		statutory overnight delivery, with return receipt requested, to his or her last known address1286
1461	1461		a notice informing such beneficiaries of the issuance of such letters to the personal1287
1462	1462		representative and providing the name, mailing address, and telephone number of such1288
1463	1463		personal representative. Provided, however, that notice shall not be required to any1289
1464	1464		beneficiary who has waived such right to notification in writing. Within 60 days following1290
1465	1465		the issuance of such letters, such personal representative shall file with the probate court1291
1466	1466		true and correct copies of such waivers and notices, the return receipts for each, and, with1292
1467	1467		respect to any such beneficiary whose identity and whereabouts are unknown, an affidavit1293
1468	1468		of diligent search attesting under oath to the efforts of such personal representative to1294
1469	1469		identify and locate such beneficiary.1295
1470	1470		(c) A personal representative who, without sufficient cause, either fails to provide accurate1296
1471	1471		information regarding such personal representative's name, mailing address, and telephone1297
1472	1472		number within five business days of a request for such information by a beneficiary or by1298
1473	1473		the probate court or otherwise fails to comply with the requirements of subsection (b) (a)1299
1474	1474		of this Code section, may be cited to appear and show cause as to why the personal1300
1475	1475		representative's letters should not be revoked in the same manner as pursuant to Code1301
1476	1476		Section 53-6-53.1302
1477	1477		(c) Where there is a trust that is a beneficiary of a testate estate and there is not a trustee1303
1478	1478		who is not the personal representative, any notice or citation required by this Code section1304
1479		-	H. B. 327
1480		-	- 51 - 25 LC 48 1516S~~/AP~~
	1479	+	H. B. 327 (SUB)
	1480	+	- 51 - 25 LC 48 1516S
1481	1481		shall be given to and may be waived by each beneficiary of such trust to whom income or1305
1482	1482		principal is required or authorized in the trustee's discretion to be distributed currently. For1306
1483	1483		purposes of this Code section, a trust beneficiary may be represented as provided in Code1307
1484	1484		Section 53-12-8.1308
1485	1485		(d) For purposes of this Code section, a trust beneficiary may be represented as provided1309
1486	1486		in paragraph (3) of subsection (b) of Code Section 53-7-50. Nothing in this Code section1310
1487	1487		shall alter or affect any time period established by Code Section 53-7-42, subsection (d)1311
1488	1488		of Code Section 53-8-15, or other applicable law."1312
1489	1489		SECTION 53.1313
1490	1490		Said title is further amended by revising Code Section 53-6-1, relating to eligibility, as1314
1491	1491		follows:1315
1492	1492		"53-6-1.1316
1493	1493		Any individual who is sui juris, regardless of citizenship or residency, is eligible to serve1317
1494	1494		as a personal representative or temporary administrator of the estate of a decedent who dies1318
1495	1495		domiciled in this state, subject to the requirements for qualification set forth in this chapter. 1319
1496	1496		Any other person is eligible to serve as a personal representative or temporary1320
1497	1497		administrator of the estate of a decedent who dies domiciled in this state, subject to the1321
1498	1498		requirements set forth in this chapter, provided the that such person is otherwise qualified1322
1499	1499		to act as a fiduciary in this state pursuant to Code Section 7-1-242, Article 15 of Chapter1323
1500	1500		12 of this title, or other applicable law."1324
1501	1501		SECTION 54.1325
1502	1502		Said title is further amended by revising subsections (b) and (c) of Code Section 53-6-50,1326
1503	1503		relating to persons required to give and determination of amounts, as follows:1327
1504	1504		"(b) A national banking association having the power to act as a fiduciary in Georgia1328
1505	1505		pursuant to Code Section 7-1-242, Article 15 of Chapter 12 of this title, or other applicable1329
1506		-	H. B. 327
1507		-	- 52 - 25 LC 48 1516S~~/AP~~
	1506	+	H. B. 327 (SUB)
	1507	+	- 52 - 25 LC 48 1516S
1508	1508		law or a bank or trust company organized under the laws of this state that seeks to qualify1330
1509	1509		as a personal representative of an intestate estate or temporary administrator shall not be1331
1510	1510		required to give bond for the faithful performance of its duties unless its combined capital,1332
1511	1511		surplus, and undivided profits are less than $400,000.00 as reflected in its last statement1333
1512	1512		filed with the comptroller of the currency of the United States or the commissioner of1334
1513	1513		banking and finance or unless the instrument under which it seeks to qualify expressly1335
1514	1514		provides that it shall give bond.1336
1515	1515		(c) A person petitioning to qualify as a personal representative of an intestate estate may1337
1516	1516		be relieved from the requirement for giving bond by the unanimous consent of the heirs of1338
1517	1517		the estate in the same manner as provided in subsection (b) of Code Section 53-7-1 for the1339
1518	1518		granting of powers to a personal representative. With respect to any heir who is not sui1340
1519	1519		juris, consent may be given by the guardian of the individual, pursuant to Code Section1341
1520	1520		53-11-2. The personal representative of the estate of a deceased heir is authorized to1342
1521	1521		consent for that heir. If the estate of a deceased heir has no personal representative, such1343
1522	1522		deceased heir's estate may be represented in the proceeding by a guardian, pursuant to Code1344
1523	1523		Section 53-11-2, and such guardian is authorized to consent for that heir. In no case may1345
1524	1524		consent on behalf of an heir who is not sui juris or a deceased heir whose estate has no1346
1525	1525		personal representative be effective if the person consenting is the person petitioning to1347
1526	1526		serve as personal representative."1348
1527	1527		SECTION 55.1349
1528	1528		Said title is further amended by revising subsection (a) of Code Section 53-6-60, relating to1350
1529	1529		amount, as follows:1351
1530	1530		"(a)(1) As used in this subsection, the terms 'beneficiary' and 'heir' shall apply as set forth1352
1531	1531		in Code Section 53-7-68.1353
1532	1532		(2) A personal representative Personal representatives shall be compensated as specified1354
1533	1533		in either the will or any a written agreement entered into by the decedent and the personal1355
1534		-	H. B. 327
1535		-	- 53 - 25 LC 48 1516S~~/AP~~
	1534	+	H. B. 327 (SUB)
	1535	+	- 53 - 25 LC 48 1516S
1536	1536		representative prior to the decedent's death or a written agreement signed by all the1356
1537	1537		beneficiaries of a testate estate affected by the personal representative's compensation or1357
1538	1538		by all the heirs of an intestate estate. In the absence of such a written agreement, a1358
1539	1539		personal representative shall be compensated as specified in the will. A written1359
1540	1540		agreement between a testator and a personal representative shall be valid and binding1360
1541	1541		upon the estate of the testator as fully and completely as if set forth in and made a part1361
1542	1542		of the will.1362
1543	1543		(3) If a beneficiary of a testate estate or an heir of an intestate estate is not sui juris, the1363
1544	1544		duly acting guardian or conservator of such heir or beneficiary shall be authorized to sign1364
1545	1545		an agreement specifying the compensation of the personal representative."1365
1546	1546		SECTION 56.1366
1547	1547		Said title is further amended by revising paragraph (2) of subsection (b) of Code Section1367
1548	1548		53-7-1, relating to general powers and duties of personal representative and additional1368
1549	1549		powers, as follows:1369
1550	1550		"(2) With respect to any beneficiary of a testate estate or heir of an intestate estate who1370
1551	1551		is not sui juris, the consent required by paragraph (1) of this subsection may be given by1371
1552	1552		such beneficiary's or heir's duly acting conservator or guardian. The personal1372
1553	1553		representative of the estate of a deceased beneficiary or heir shall be authorized to1373
1554	1554		consent on behalf of such deceased beneficiary or heir. If the estate of a deceased1374
1555	1555		beneficiary or heir has no personal representative, such deceased beneficiary's or heir's1375
1556	1556		estate may be represented in the proceeding by a guardian, pursuant to Code Section1376
1557	1557		53-11-2, and such guardian shall be authorized to consent on behalf of such deceased1377
1558	1558		beneficiary or heir."1378
1559	1559		SECTION 57.1379
1560	1560		Said title is further amended by revising subsection (a) of Code Section 53-7-5, relating to1380
1561		-	H. B. 327
1562		-	- 54 - 25 LC 48 1516S~~/AP~~
	1561	+	H. B. 327 (SUB)
	1562	+	- 54 - 25 LC 48 1516S
1563	1563		powers, duties, and liabilities if more than one personal representative and safe deposit boxes
1564	1564		1381
1565	1565		or receptacles, as follows:1382
1566	1566		"(a) If more than one personal representative is qualified and unless the will provides1383
1567	1567		otherwise:1384
1568	1568		(1) The personal representatives must
1569	1569		shall act by their unanimous action; provided,1385
1570	1570		however, that, while a personal representative is unable to act because of inaccessibility,1386
1571	1571		illness, or other incapacity, or when a vacancy occurs for any other reason, the remaining1387
1572	1572		personal representatives may act as if they were the only personal representatives if1388
1573	1573		necessary to administer the estate; and1389
1574	1574		(2) The personal representatives may delegate in writing to one or more of them the1390
1575	1575		authority to act for all of them; provided, however, that such delegation must satisfy the1391
1576	1576		requirements of Code Sections 10-6B-5 and 10-6B-40, and that all the personal1392
1577	1577		representatives remain liable for the actions of the personal representative who is1393
1578	1578		authorized to act."1394
1579	1579		SECTION 58.1395
1580	1580		Said title is further amended by revising subsection (b) of Code Section 53-7-32, relating to1396
1581	1581		waiver of right to receive and relieving personal representative of duty to make, as follows:1397
1582	1582		"(b) By unanimous written consent, the beneficiaries of a testate estate or the heirs of an1398
1583	1583		intestate estate may authorize the probate court to relieve the personal representative of the1399
1584	1584		duty to make inventory in the same manner as described provided in subsection (b) of Code1400
1585	1585		Section 53-7-1 for the granting of powers to a personal representative. Any such1401
1586	1586		unanimous written consent, regardless of the date of execution, which that relieves the1402
1587	1587		personal representative from making inventory shall also relieve the personal representative1403
1588	1588		from sending a copy of the inventory to the heirs or beneficiaries."1404
1589		-	H. B. 327
1590		-	- 55 - 25 LC 48 1516S~~/AP~~
	1589	+	H. B. 327 (SUB)
	1590	+	- 55 - 25 LC 48 1516S
1591	1591		SECTION 59.
1592	1592		1405
1593	1593		Said title is further amended by revising subsections (b) and (d) of Code Section 53-7-41,1406
1594	1594		relating to notice for creditors to render accounts, notification of creditors' claims,1407
1595	1595		requirement of reasonable additional proof or accounting, and failure of creditors to give1408
1596	1596		notice of claims, as follows:1409
1597	1597		"(b) The
1598	1598		Every personal representative shall, within 60 days from the date of qualification,1410
1599	1599		publish a notice directed generally to all of the creditors of the estate to notify the personal1411
1600	1600		representative of their claims and render an account of their demands for payment thereon. 1412
1601	1601		The personal representative's notice shall be published once a week for four weeks in the1413
1602	1602		official newspaper of the county in which the personal representative qualified. No1414
1603	1603		particular form shall be required for creditors to notify the personal representative of their1415
1604	1604		claims, and such notification of a creditor's claim shall be sufficient for purposes of this1416
1605	1605		Code section if given in writing, providing an account number or other identifying1417
1606	1606		information or itemization adequate to establish the indebtedness as an obligation of the1418
1607	1607		estate, and stating the principal balance and any applicable interest or other additional1419
1608	1608		charges lawfully owed. An invoice or account statement satisfying the requirements of the1420
1609	1609		preceding sentence of this subsection and generated by a creditor in the ordinary course of1421
1610	1610		such creditor's business shall constitute sufficient notification to the personal representative1422
1611	1611		of such creditor's claim if the personal representative actually receives such notification of1423
1612	1612		the claim or if such creditor files such notification with the probate court having1424
1613	1613		jurisdiction over the decedent's estate or sends such notification of the claim by electronic1425
1614	1614		transmission, other form of wire or wireless communication, or by first-class mail or1426
1615	1615		private carrier to the address of the decedent, the personal representative, or the attorney1427
1616	1616		representing the personal representative; provided, however, that a notification of a claim1428
1617	1617		sent by a creditor by electronic communication to an account for which the decedent is the1429
1618	1618		user shall constitute sufficient notification to the personal representative of such creditor's1430
1619	1619		claim only if the content of such electronic communication lawfully is disclosed to the1431
1620		-	H. B. 327
1621		-	- 56 - 25 LC 48 1516S~~/AP~~
	1620	+	H. B. 327 (SUB)
	1621	+	- 56 - 25 LC 48 1516S
1622	1622		personal representative pursuant to Chapter 13 of this title. As used in this subsection, the
1623	1623		1432
1624	1624		terms 'account'
1625	1625		,' 'content of an electronic communication',' 'electronic communication',' and1433
1626	1626		'user' shall have the meaning provided by Code Section 53-13-2."1434
1627	1627		"(d) Creditors who fail to notify the personal representative of their claims in the manner1435
1628	1628		provided by subsection (b) of this Code section within three months from the date of1436
1629	1629		publication of the personal representative's last notice shall lose all rights to an equal1437
1630	1630		participation with creditors of equal priority to whom distribution is made before sufficient1438
1631	1631		notification of such claims is given to the personal representative, and they may not hold1439
1632	1632		the personal representative liable for a misappropriation of the funds. If, however, there1440
1633	1633		are assets in the hands of the personal representative sufficient to pay such debts and if no1441
1634	1634		claims of greater priority are unpaid, the assets shall be thus appropriated notwithstanding1442
1635	1635		the failure of such creditors to timely notify the personal representative of their claims in1443
1636	1636		a timely manner."1444
1637	1637		SECTION 60.1445
1638	1638		Said title is further amended by revising subsection (a) of Code Section 53-7-50, relating to1446
1639	1639		petition by personal representative for discharge, citation and publication, hearing, and1447
1640	1640		subsequently discovered estate, as follows:1448
1641	1641		"(a) A personal representative who has fully performed all duties or who has been allowed1449
1642	1642		to resign may petition the probate court for discharge from the office and from all liability. 1450
1643	1643		The petition shall:1451
1644	1644		(1) State state that the personal representative has fully administered the estate of the1452
1645	1645		decedent;1453
1646	1646		(2) Set and shall set forth the names and addresses of all known heirs of an intestate1454
1647	1647		decedent or beneficiaries of a testate decedent, including, as applicable, the personal1455
1648	1648		representative of the estate of or any persons who succeeded to the interest of any heir or1456
1649	1649		beneficiary who died after the decedent died;1457
1650		-	H. B. 327
1651		-	- 57 - 25 LC 48 1516S~~/AP~~
	1650	+	H. B. 327 (SUB)
	1651	+	- 57 - 25 LC 48 1516S
1652	1652		(3) Name, and shall name which of the heirs or beneficiaries is or should be represented1458
1653	1653		by a guardian. The petition shall state as provided in Code Section 53-11-2, including,1459
1654	1654		as applicable, any heir or beneficiary who died after the decedent died whose estate has1460
1655	1655		no personal representative;1461
1656	1656		(4) State that the personal representative has paid all claims against the estate or shall1462
1657	1657		enumerate which claims of the estate have not been paid and the reason for such1463
1658	1658		nonpayment.; and1464
1659	1659		(5) State The petition shall also state that the personal representative has filed all1465
1660	1660		necessary inventory and returns or, alternatively, has been relieved of such filings by the1466
1661	1661		testator, the heirs or beneficiaries, or the probate court."1467
1662	1662		SECTION 61.1468
1663	1663		Said title is further amended by revising Code Section 53-7-68, relating to mailing of return1469
1664	1664		to heirs and beneficiaries and relieving personal representative of duty to file return, as1470
1665	1665		follows:1471
1666	1666		"53-7-68.1472
1667	1667		(a) As used in this Code section, the term:1473
1668	1668		(1) 'Beneficiary' shall not apply to a person who is designated in a will to take an interest1474
1669	1669		in real or personal property after such person's interest in the estate has been satisfied.1475
1670	1670		(2) 'Heir' shall not apply to an individual who survives the decedent and is determined1476
1671	1671		under the rules of inheritance to take the property of the decedent that is not disposed of1477
1672	1672		by will after such individual's interest in the estate has been satisfied.1478
1673	1673		(b) Upon filing the annual return with the probate court, the personal representative shall1479
1674	1674		mail send by first-class mail:1480
1675	1675		(1) To each heir of an intestate estate or each beneficiary of the residue of a testate estate,1481
1676	1676		a copy of the return, but not the vouchers; and, to each heir of an intestate estate or each1482
1677	1677		beneficiary of a testate estate. It1483
1678		-	H. B. 327
1679		-	- 58 - 25 LC 48 1516S~~/AP~~
	1678	+	H. B. 327 (SUB)
	1679	+	- 58 - 25 LC 48 1516S
1680	1680		(2) To each beneficiary of a specific, demonstrative, or general testamentary gift of a1484
1681	1681		testate estate, a copy of the portion of the return relevant to the beneficiary's interest in1485
1682	1682		the estate or other written statement containing such information, but not the vouchers;1486
1683	1683		provided, however, that it shall not be necessary to mail a copy of the return to any heir1487
1684	1684		or beneficiary who is not sui juris or for the court to appoint a guardian for such person.1488
1685	1685		(c) The personal representative shall file with the probate court a verified statement with1489
1686	1686		the probate court stating that all required mailings of the return to heirs or beneficiaries1490
1687	1687		have been made that the requirements of subsection (b) of this Code section have been1491
1688	1688		satisfied.1492
1689	1689		(d) In the case of a testamentary gift to a trustee of a trust, including, without limitation,1493
1690	1690		a trust created by the will, the term 'beneficiary' shall apply to the trustee and shall not1494
1691	1691		apply to the beneficiaries of the trust, provided that:1495
1692	1692		(1) If each trustee of the trust is also a personal representative of the estate, the term1496
1693	1693		'beneficiary' shall apply to those persons who, if the trust were funded, would be entitled1497
1694	1694		to annual reports from the trustee under subsection (b) of Code Section 53-12-243, taking1498
1695	1695		into account the provisions of the trust instrument and subsections (c) and (d) of Code1499
1696	1696		Section 53-12-243; and1500
1697	1697		(2) A beneficiary may be represented as provided in Code Section 53-12-8.1501
1698	1698		(e) In the case of a deceased heir or beneficiary, the term 'heir' or 'beneficiary' shall apply1502
1699	1699		to the personal representative of such heir's or beneficiary's estate.1503
1700	1700		(f) The determination of the persons to whom paragraphs (1) and (2) of subsection (b) of1504
1701	1701		this Code section apply, including, without limitation, the application of subsection (a), (d),1505
1702	1702		(e), or (h), shall be made as of the date the annual return was filed with the probate court.1506
1703	1703		(g) The determination of the persons who are required to constitute unanimous consent1507
1704	1704		under subsection (j) of this Code section, including, without limitation, the application of1508
1705	1705		subsection (a), (d), (e), or (h), shall be made as of the date of the petition is filed.1509
1706		-	H. B. 327
1707		-	- 59 - 25 LC 48 1516S~~/AP~~
	1706	+	H. B. 327 (SUB)
	1707	+	- 59 - 25 LC 48 1516S
1708	1708		(h) If an heir or beneficiary is not sui juris, such heir's or beneficiary's duly acting1510
1709	1709		conservator or guardian shall:1511
1710	1710		(1) After a written request delivered to the personal representative, be entitled to receive1512
1711	1711		any report or written statement that would be required to be sent to such heir or1513
1712	1712		beneficiary under subsection (b) of this Code section if such heir or beneficiary were sui1514
1713	1713		juris; and1515
1714	1714		(2) Be authorized to give the consent required under subsection (j) of this Code section.1516
1715	1715		(b)(i) Any heir or beneficiary may waive individually the right to receive a copy of the1517
1716	1716		annual return or of the portion of the annual return to which such heir or beneficiary would1518
1717	1717		be entitled under subsection (b) of this Code section by a written statement that is delivered1519
1718	1718		to the personal representative. Such waiver may be revoked in writing at any time.1520
1719	1719		(c)(j) As part of a petition, including, but not limited to, the petition for letters1521
1720	1720		testamentary, letters of administration with the will annexed, or letters of administration1522
1721	1721		By unanimous written consent, the heirs of an intestate estate or the beneficiaries of a1523
1722	1722		testate estate may, by unanimous written consent, authorize the probate court to relieve the1524
1723	1723		personal representative from filing annual returns with them or with the court, the1525
1724	1724		requirements of subsection (b) of this Code section, or both, in the same manner as1526
1725	1725		provided in subsection (b) of Code Section 53-7-1 for the granting of powers to a personal1527
1726	1726		representative. Any such unanimous written consent, regardless of the date of execution,1528
1727	1727		that relieves the personal representative from filing annual returns with the court shall also1529
1728	1728		relieve the personal representative from sending a copy of the return to the heirs or1530
1729	1729		beneficiaries the requirements of subsection (b) of this Code section."1531
1730	1730		SECTION 62.1532
1731	1731		Said title is further amended by revising Code Section 53-7-69.1, relating to annual statement 1533
1732	1732		of receipts and disbursements, as follows:1534
1733		-	H. B. 327
1734		-	- 60 - 25 LC 48 1516S~~/AP~~
	1733	+	H. B. 327 (SUB)
	1734	+	- 60 - 25 LC 48 1516S
1735	1735		"53-7-69.1.
1736	1736		1535
1737	1737		(a) Except as provided in subsection (b) of this Code section, a
1738	1738		A personal representative1536
1739	1739		shall furnish to the heirs of an intestate estate or the beneficiaries of the residuum of a1537
1740	1740		testate estate, at least annually, a statement of receipts and disbursements send, at least1538
1741	1741		annually:1539
1742	1742		(1) To each heir of an intestate estate or each beneficiary of the residue of a testate estate,1540
1743	1743		a statement of receipts and disbursements; and1541
1744	1744		(2) To each beneficiary of a specific, demonstrative, or general testamentary gift of the1542
1745	1745		testate estate, a statement of any receipts and disbursements relevant to the beneficiary's1543
1746	1746		interest in the estate.1544
1747	1747		(b) Any heir or beneficiary may waive individually the right to receive a statement of1545
1748	1748		receipts and disbursements in the same manner as provided in subsection (b) of Code1546
1749	1749		Section 53-7-68 for waiving the right to receive a copy of an annual return by a written1547
1750	1750		statement that is delivered to the personal representative. Such waiver may be revoked in1548
1751	1751		writing at any time.1549
1752	1752		(c) The heirs or beneficiaries may authorize the probate court to relieve the personal1550
1753	1753		representative from furnishing statements of receipts and disbursements in the same1551
1754	1754		manner as provided in subsection (c) of Code Section 53-7-68 for relieving the personal1552
1755	1755		representative from filing annual returns. A testator may, by will, dispense with the1553
1756	1756		necessity of the personal representative's furnishing a statement of receipts and1554
1757	1757		disbursements in the same manner as provided in Code Section 53-7-69 for dispensing with1555
1758	1758		the necessity of the personal representative's filing an annual return.; provided, however,1556
1759	1759		that such dispensation does not work any injury to creditors or persons other than1557
1760	1760		beneficiaries under the will. It shall not be necessary to furnish a statement of receipts and1558
1761	1761		disbursements to any heir or beneficiary who is not sui juris or for the probate court to1559
1762	1762		appoint a guardian for such person.1560
1763		-	H. B. 327
1764		-	- 61 - 25 LC 48 1516S~~/AP~~
	1763	+	H. B. 327 (SUB)
	1764	+	- 61 - 25 LC 48 1516S
1765	1765		(d) When a personal representative has been relieved from furnishing statements of1561
1766	1766		receipts and disbursements, the probate court, on its own motion or on the representation1562
1767	1767		of any party in interest that the personal representative is mismanaging the estate, shall1563
1768	1768		order the personal representative to appear and show cause as to why statements of receipts1564
1769	1769		and disbursements should not be furnished or the personal representative's letters revoked. 1565
1770	1770		Such order shall be served in person on the personal representative at least ten days prior1566
1771	1771		to the hearing. Failure to show cause shall authorize the court to require statements of1567
1772	1772		receipts and disbursements to be furnished or to revoke the letters or to take any other1568
1773	1773		action as may be necessary under the circumstances.1569
1774	1774		(e) For purposes of this Code section:1570
1775	1775		(1) The statement provided under subsection (a) of this Code section shall contain the1571
1776	1776		receipts and disbursements of principal and income that have occurred during the last1572
1777	1777		complete fiscal year of the estate or since the last accounting to that heir or beneficiary1573
1778	1778		and a statement of the assets and liabilities of the estate as of the end of the accounting1574
1779	1779		period, provided that the information in any statement required under paragraph (2) of1575
1780	1780		subsection (a) of this Code section shall be limited as provided in that paragraph;1576
1781	1781		(2) The terms 'heir' and 'beneficiary' shall apply as provided in Code Section 53-7-68;1577
1782	1782		(3) The determination of the persons entitled to receive statements under subsection (a)1578
1783	1783		of this Code section and the application of this subsection shall be made as of the final1579
1784	1784		day of the period covered by the statement;1580
1785	1785		(4) The determination of the persons who may authorize the probate court under1581
1786	1786		subsection (c) of this Code section and the application of this subsection shall be made1582
1787	1787		as of the date of the authorization; and1583
1788	1788		(5) If an heir or beneficiary is not sui juris, such heir's or beneficiary's duly acting1584
1789	1789		conservator or guardian shall:1585
1790	1790		(A) After a written request delivered to the personal representative, be entitled to1586
1791	1791		receive any statement of receipts and disbursements that would be required to be sent1587
1792		-	H. B. 327
1793		-	- 62 - 25 LC 48 1516S~~/AP~~
	1792	+	H. B. 327 (SUB)
	1793	+	- 62 - 25 LC 48 1516S
1794	1794		to such heir or beneficiary under subsection (a) of this Code section if such heir or1588
1795	1795		beneficiary were sui juris; and1589
1796	1796		(B) Be authorized to give the consent required under subsection (b) of this Code1590
1797	1797		section.1591
1798	1798		(f) Nothing in this Code section shall affect the power of the probate court to require or1592
1799	1799		excuse an accounting under this part, Part 1 of this article, or other applicable law."1593
1800	1800		SECTION 63.1594
1801	1801		Said title is further amended by revising Code Section 53-7-72, relating to docket of persons1595
1802	1802		liable to make returns and failure to make returns, as follows:1596
1803	1803		"53-7-72.1597
1804	1804		To ensure annual returns from every personal representative, it It shall be the duty of the1598
1805	1805		probate court to keep a docket of all those personal representatives who are liable to make1599
1806	1806		returns and, immediately after the ceasing of the January term or as soon thereafter as the1600
1807	1807		court deems practical in each year, to cite all defaulters to show cause for their neglect. A1601
1808	1808		willful and continued failure to make a return shall be good cause for removal."1602
1809	1809		SECTION 64.1603
1810	1810		Said title is further amended by revising paragraphs (10) and (14) of and by adding a new1604
1811	1811		paragraph to Code Section 53-12-2, relating to definitions regarding trusts, to read as1605
1812	1812		follows:1606
1813	1813		"(2.1)(A) 'Donor' means a person, including a testator, who contributes property to the1607
1814	1814		trust, provided that:1608
1815	1815		(i) If another person makes a transfer of property to the trust, other than as a bona1609
1816	1816		fide sale for an adequate and full consideration in money or money's worth, for1610
1817	1817		purposes of Sections 2036 through 2038 of the federal Internal Revenue Code, or if1611
1818	1818		the value of the property held in the trust is included in the gross estate of another1612
1819		-	H. B. 327
1820		-	- 63 - 25 LC 48 1516S~~/AP~~
	1819	+	H. B. 327 (SUB)
	1820	+	- 63 - 25 LC 48 1516S
1821	1821		person under Chapter 11 of the federal Internal Revenue Code, then such other person1613
1822	1822		shall be the donor; and1614
1823	1823		(ii) Notwithstanding division (i) of this subparagraph, if a person has the power to1615
1824	1824		revoke the trust, such term means the person who has the power to revoke the trust.1616
1825	1825		(B) If a trust has more than one donor, each such person is the donor of the portion of1617
1826	1826		the trust attributable to the property of which such person is the donor."1618
1827	1827		"(10)(A) 'Qualified beneficiary' means a living individual or other existing person who,1619
1828	1828		on the date of determination of beneficiary status:1620
1829	1829		(A)(i) Is a distributee or permissible distributee of trust income or principal;1621
1830	1830		(B)(ii) Would be a distributee or permissible distributee of trust income or principal1622
1831	1831		if the interests of the distributees described in subparagraph (A) of this paragraph1623
1832	1832		division (i) of this subparagraph terminated on that date without causing the trust to1624
1833	1833		terminate; or1625
1834	1834		(C)(iii) Would be a distributee or permissible distributee of trust income or principal1626
1835	1835		if the trust terminated on that date.1627
1836	1836		(B) The Attorney General has the rights of a qualified beneficiary with respect to a1628
1837	1837		charitable trust as defined in Code Section 53-12-170, and a With respect to a charitable1629
1838	1838		trust as defined in Code Section 53-12-170, the Attorney General has the rights of a1630
1839	1839		qualified beneficiary. With respect to any trust, including, but not limited to, a1631
1840	1840		charitable trust, a charitable organization that is expressly designated as a distributee1632
1841	1841		or permissible distributee of trust income or principal has the rights of a qualified1633
1842	1842		beneficiary if, on the date of determination, such charitable organization is described1634
1843	1843		in division (i), (ii), or (iii) of subparagraph (A) of this paragraph. With respect to a trust1635
1844	1844		that is not a charitable trust and designates a class of unascertainable charitable1636
1845	1845		beneficiaries as distributees or permissible distributees of trust income or principal, the1637
1846	1846		Attorney General has the rights of a qualified beneficiary if, on the date of1638
1847	1847		determination, such unascertainable charitable beneficiaries are described in division1639
1848		-	H. B. 327
1849		-	- 64 - 25 LC 48 1516S~~/AP~~
	1848	+	H. B. 327 (SUB)
	1849	+	- 64 - 25 LC 48 1516S
1850	1850		(i), (ii), or (iii) of subparagraph (A) of this paragraph. A person appointed to enforce1640
1851	1851		a trust created for the care of an animal under Code Section 53-12-28 also has the rights1641
1852	1852		of a qualified beneficiary."1642
1853	1853		"(14) 'Trust instrument' means the document, including any testamentary instrument, an1643
1854	1854		instrument that contains the trust provisions. The trust instrument includes any trust1644
1855	1855		provisions established, determined, or amended by a trustee or other person in accordance1645
1856	1856		with the provisions of the trust, a court order, a nonjudicial settlement agreement under1646
1857	1857		Code Section 53-12-9, or other applicable law."1647
1858	1858		SECTION 65.1648
1859	1859		Said title is further amended by revising Code Section 53-12-3, relating to survival of1649
1860	1860		common law and equity, as follows:1650
1861	1861		"53-12-3.1651
1862	1862		Except to the extent that the principles of common law and equity governing trusts are1652
1863	1863		modified by this chapter or another provision of law, those principles remain the law of this1653
1864	1864		state. Without limitation:1654
1865	1865		(1) No provision of this chapter shall be construed to imply that any other Code section1655
1866	1866		or the common law did not, prior to the enactment of such provision, impose, permit, or1656
1867	1867		otherwise address a duty, power, relationship, or any other matter governed by such1657
1868	1868		provision; and1658
1869	1869		(2) The failure of the General Assembly to codify an established principle of common1659
1870	1870		law or equity governing trusts shall not be construed as evidence that the General1660
1871	1871		Assembly intended to reject that principle unless this chapter or another provision of law1661
1872	1872		is inconsistent with that principle or there is other evidence the General Assembly1662
1873	1873		intended that such principle should no longer apply."1663
1874		-	H. B. 327
1875		-	- 65 - 25 LC 48 1516S~~/AP~~
	1874	+	H. B. 327 (SUB)
	1875	+	- 65 - 25 LC 48 1516S
1876	1876		SECTION 66.
1877	1877		1664
1878	1878		Said title is further amended by revising subsections (d), (h), and (k) of and by adding a new1665
1879	1879		subsection to Code Section 53-12-8, relating to notice to person permitted to bind another1666
1880	1880		person, consent on behalf of another person, and representation of others, to read as follows:1667
1881	1881		"(d) Notwithstanding any other provision of this Code section, a donor
1882	1882		A settlor may not1668
1883	1883		represent and bind a beneficiary under this Code section with respect to the termination or1669
1884	1884		modification of a trust under Article 4 of this chapter."1670
1885	1885		"(h) A person who on the date of determination would be eligible to receive distributions1671
1886	1886		of income or principal from the trust upon the termination of the interests of all persons1672
1887	1887		then currently eligible to receive distributions of income or principal is a qualified1673
1888	1888		beneficiary under division (10)(A)(iii) of Code Section 53-12-2 may represent and bind1674
1889	1889		contingent successor beneficiaries with respect to matters in which there is no conflict of1675
1890	1890		interest between the representative and the persons represented with respect to a particular1676
1891	1891		question or dispute."1677
1892	1892		"(k) Any person whose interests would be affected or who reasonably claims to represent1678
1893	1893		or bind a person whose interests would be affected may request that the court determine1679
1894	1894		whether an interest is represented under this Code section or whether the representation is1680
1895	1895		adequate. If the court determines that an interest is not represented under this Code section,1681
1896	1896		or that the otherwise available representation might be inadequate, the court may appoint1682
1897	1897		a representative to receive notice, give consent, and otherwise represent, bind, and act on1683
1898	1898		behalf of a minor, incapacitated, or unborn individual, or a person whose identity or1684
1899	1899		location is unknown and not reasonably ascertainable. A representative may be appointed1685
1900	1900		to represent several persons or interests. A representative may act on behalf of the1686
1901	1901		individual represented with respect to any matter arising under this chapter, regardless of1687
1902	1902		whether a judicial proceeding concerning the trust is pending. In making decisions, a1688
1903	1903		representative may consider the general benefit accruing to the living members of the1689
1904	1904		individual's family."1690
1905		-	H. B. 327
1906		-	- 66 - 25 LC 48 1516S~~/AP~~
	1905	+	H. B. 327 (SUB)
	1906	+	- 66 - 25 LC 48 1516S
1907	1907		"(m) Representation under this Code section is effective for purposes of this chapter, the1691
1908	1908		trust provisions, or any matter involving a trust."1692
1909	1909		SECTION 67.1693
1910	1910		Said title is further amended by revising Code Section 53-12-9, relating to binding1694
1911	1911		nonjudicial settlement agreement, as follows:1695
1912	1912		"53-12-9.1696
1913	1913		(a) Except as provided in subsection (b) of this Code section, the trustee, any trust director,1697
1914	1914		and all other persons whose interests would be affected may enter into a binding1698
1915	1915		nonjudicial settlement agreement with respect to any matter involving the trust.1699
1916	1916		(b) A nonjudicial settlement agreement:1700
1917	1917		(1) Shall be valid only to the extent it does not violate a material purpose of the trust and1701
1918	1918		includes terms and conditions that could be properly approved by the court under this1702
1919	1919		Code section chapter or other applicable law; and1703
1920	1920		(2) During the settlor's lifetime, shall Shall not be valid with respect to any modification1704
1921	1921		or termination of an irrevocable trust when the settlor's consent would be required in a1705
1922	1922		proceeding to approve such modification or termination could be properly approved by1706
1923	1923		the court only in a proceeding under subsection (b) of Code Section 53-12-61.1707
1924	1924		(c) The trustee, trust director, and any person whose interests would be affected by a1708
1925	1925		nonjudicial settlement agreement may request that the court approve such agreement,1709
1926	1926		determine whether the representation as provided in Code Section 53-12-8 was adequate,1710
1927	1927		determine whether such agreement violates a material purpose of the trust, determine1711
1928	1928		whether such agreement contains terms and conditions the court could have properly1712
1929	1929		approved, or make any other similar determination.1713
1930	1930		(d) A nonjudicial settlement agreement entered into in accordance with this Code section1714
1931	1931		shall be final and binding on all parties to such agreement, including individuals not sui1715
1932	1932		juris, unborn beneficiaries, and persons unknown parties who are represented by a person1716
1933		-	H. B. 327
1934		-	- 67 - 25 LC 48 1516S~~/AP~~
	1933	+	H. B. 327 (SUB)
	1934	+	- 67 - 25 LC 48 1516S
1935	1935		who may represent and bind such parties under Code Section 53-12-8, as if ordered by a
1936	1936		1717
1937	1937		court with competent jurisdiction over the trust, the trust property, and the parties.1718
1938	1938		(e) Entering into or petitioning a court regarding a nonjudicial settlement agreement under1719
1939	1939		this Code section shall not constitute a violation of a condition in terrorem under Code1720
1940	1940		Section 53-12-22
1941	1941		53-12-29."1721
1942	1942		SECTION 68.1722
1943	1943		Said title is further amended by revising Code Section 53-12-22, relating to trust purposes1723
1944	1944		and conditions in terrorem, as follows:1724
1945	1945		"53-12-22.1725
1946	1946		(a) A trust may be created for any lawful purpose.1726
1947	1947		(b) A condition in terrorem shall be void unless there is a direction in the trust instrument1727
1948	1948		as to the disposition of the property if the condition in terrorem is violated, in which event1728
1949	1949		the direction in the trust instrument shall be carried out, except as otherwise provided in1729
1950	1950		subsection (c) of this Code section.1730
1951	1951		(c) A condition in terrorem shall not be enforceable against an individual for:1731
1952	1952		(1) Bringing an action for interpretation or enforcement of a trust instrument;1732
1953	1953		(2) Bringing an action for an accounting, for removal, or for other relief against a trustee;1733
1954	1954		or1734
1955	1955		(3) Entering into a settlement agreement."1735
1956	1956		SECTION 69.1736
1957	1957		Said title is further amended by adding a new Code section to Article 2 of Chapter 12,1737
1958	1958		relating to creation and validity of express trusts, to read as follows:1738
1959	1959		"53-12-29.1739
1960	1960		A condition in terrorem shall be void unless there is a direction in the trust instrument as1740
1961	1961		to the disposition of the property if the condition in terrorem is violated, in which event the1741
1962		-	H. B. 327
1963		-	- 68 - 25 LC 48 1516S~~/AP~~
	1962	+	H. B. 327 (SUB)
	1963	+	- 68 - 25 LC 48 1516S
1964	1964		direction in the trust instrument shall be carried out, except that a condition in terrorem1742
1965	1965		shall not be enforceable against an individual for:1743
1966	1966		(1) Bringing an action for interpretation or enforcement of a trust instrument;1744
1967	1967		(2) Bringing an action for an accounting, for removal, or for other relief against a trustee;1745
1968	1968		or1746
1969	1969		(3) Entering into a settlement agreement."1747
1970	1970		SECTION 70.1748
1971	1971		Said title is further amended by adding a new Code section to Article 3 of Chapter 12,1749
1972	1972		relating to revocable trusts, to read as follows:1750
1973	1973		"53-12-46.1751
1974	1974		(a)(1) Notwithstanding any other provision of this chapter, if the settlor reserved a power1752
1975	1975		of revocation over a trust, the settlor is alive, and the power of revocation has not been1753
1976	1976		released:1754
1977	1977		(A) The duties of the trustee are owed exclusively to the settlor; and1755
1978	1978		(B) With respect to any trust property held for personal use or enjoyment by a1756
1979	1979		beneficiary or any other trust property designated as being subject to this paragraph1757
1980	1980		pursuant to paragraph (3) of subsection (c) of this Code section:1758
1981	1981		(i) The settlor shall have the power to direct the trustee in the management of such1759
1982	1982		property and the provisions of Article 18 of this chapter shall apply so that the trustee1760
1983	1983		is a directed trustee who, without limitation, is relieved from the duties from which1761
1984	1984		trustees are relieved under subsection (f) of Code Section 53-12-504; and1762
1985	1985		(ii) The trustee shall not have any duty to account at least annually to the1763
1986	1986		beneficiaries under paragraph (1) of subsection (b) of Code Section 53-12-243, to1764
1987	1987		keep the beneficiaries reasonably informed of the trust and its administration under1765
1988	1988		the common law, or to provide information to the trust director under paragraph (1)1766
1989	1989		of subsection (c) of Code Section 53-12-504.1767
1990		-	H. B. 327
1991		-	- 69 - 25 LC 48 1516S~~/AP~~
	1990	+	H. B. 327 (SUB)
	1991	+	- 69 - 25 LC 48 1516S
1992	1992		(2) Unless the trust instrument provides otherwise, if the trustee is required or authorized1768
1993	1993		in the trustee's discretion to make distributions of trust property to other beneficiaries1769
1994	1994		while the settlor is alive, the settlor has not released the power to revoke the trust, and the1770
1995	1995		settlor lacks capacity to revoke the trust, then the trustee owes duties to the beneficiaries1771
1996	1996		to whom income or principal is required or authorized in the trustee's discretion to be1772
1997	1997		distributed currently and the office of trust director created pursuant to this subsection is1773
1998	1998		governed by Code Section 53-12-506.1774
1999	1999		(b) If subsection (a) of this Code section applies to a trust:1775
2000	2000		(1) In addition to any persons who may seek to enforce the trust under any other Code1776
2001	2001		section or the common law, the following persons may seek to enforce the trust:1777
2002	2002		(A) The settlor's guardian or conservator;1778
2003	2003		(B) The settlor's agent under a power of attorney granting general authority with1779
2004	2004		respect to estates, trusts, and other beneficial interests under Code Section 10-6B-50,1780
2005	2005		general authority with respect to claims and litigation under Code Section 10-6B-51,1781
2006	2006		or substantially similar authority that would make it appropriate for the agent to enforce1782
2007	2007		the trustee's duties to the settlor;1783
2008	2008		(C) The settlor's parent, spouse, or descendant; or1784
2009	2009		(D) Any qualified beneficiary of the trust;1785
2010	2010		(2) Upon a motion by the settlor, the court shall dismiss any action seeking to enforce1786
2011	2011		the trust unless the court finds that the settlor lacks capacity to revoke the trust; and1787
2012	2012		(3) Upon a motion by a person described in subparagraph (A) or (B) of paragraph (1) of1788
2013	2013		this subsection, the court shall dismiss any action seeking to enforce the trust filed by a1789
2014	2014		person described in subparagraph (C) or (D) of paragraph (1) of this subsection, unless1790
2015	2015		the court finds that the settlor's interests in the trust are not adequately represented by the1791
2016	2016		person moving to dismiss the action.1792
2017	2017		(c) For purposes of this Code section:1793
2018		-	H. B. 327
2019		-	- 70 - 25 LC 48 1516S~~/AP~~
	2018	+	H. B. 327 (SUB)
	2019	+	- 70 - 25 LC 48 1516S
2020	2020		(1) 'Property held for personal use or enjoyment' means property held for purposes other1794
2021	2021		than, or in addition to, monetary value, and shall include, but not be limited to:1795
2022	2022		(A) All personal effects, including, but not limited to, clothing, jewelry, firearms, and1796
2023	2023		equipment;1797
2024	2024		(B) All household goods and equipment, including, but not limited to, furniture and1798
2025	2025		furnishings, works of art, and collectibles;1799
2026	2026		(C) All automobiles, aircraft, watercraft, and other vehicles; and1800
2027	2027		(D) All dwellings and other real property that are used or enjoyed by a beneficiary,1801
2028	2028		regardless of whether rented, leased, or otherwise held out for use or enjoyment by1802
2029	2029		other persons.1803
2030	2030		(2) If trust property includes an indirect interest in property, including, but not limited1804
2031	2031		to, an interest in an entity, the entire indirect interest is held for personal use or enjoyment1805
2032	2032		if any portion of the property in which the trustee holds an indirect interest is held for1806
2033	2033		personal use or enjoyment.1807
2034	2034		(3)(A) The trust instrument, or a majority of the persons to whom the trustee owes1808
2035	2035		duties under subsection (a) of this Code section in a writing delivered to the trustee,1809
2036	2036		may designate trust property as:1810
2037	2037		(i) Being held or not being held for personal use or enjoyment; or1811
2038	2038		(ii) Property subject to or not subject to subparagraph (a)(1)(B) of this Code section.1812
2039	2039		(B) A designation of trust property made pursuant to subparagraph (A) of this1813
2040	2040		paragraph shall control; provided, however, that a failure to make a designation of trust1814
2041	2041		property pursuant to subparagraph (A) of this paragraph shall not constitute evidence1815
2042	2042		that such property is not held for personal use or enjoyment.1816
2043	2043		(4) 'Management' of property means the exercise of all powers over such property that1817
2044	2044		an unmarried competent owner has over individually owned property."1818
2045		-	H. B. 327
2046		-	- 71 - 25 LC 48 1516S~~/AP~~
	2045	+	H. B. 327 (SUB)
	2046	+	- 71 - 25 LC 48 1516S
2047	2047		SECTION 71.
2048	2048		1819
2049	2049		Said title is further amended by revising subsections (b), (c), and (k) of and by adding a new1820
2050	2050		subsection to Code Section 53-12-61, relating to power to direct modification or termination,1821
2051	2051		petition to modify or terminate irrevocable trust, proceeding to approve proposed1822
2052	2052		modification or termination, distribution of trust property under order for termination, and1823
2053	2053		waiver of notice, to read as follows:1824
2054	2054		"(b) During the settlor's lifetime, the court shall approve a petition to modify or terminate1825
2055	2055		an irrevocable trust, even if the modification or termination is inconsistent with a material1826
2056	2056		purpose of the trust, if the settlor and all qualified beneficiaries consent to such1827
2057	2057		modification or termination and the trustee has received
2058	2058		been given notice of the proposed1828
2059	2059		modification or termination. A settlor's power to consent to such trust's modification or1829
2060	2060		termination may be exercised by:1830
2061	2061		(1) An agent under a power of attorney only to the extent expressly authorized by the1831
2062	2062		power of attorney and the provisions of the trust;1832
2063	2063		(2) The settlor's conservator with the approval of the court supervising the1833
2064	2064		conservatorship if an agent is not so authorized; or1834
2065	2065		(3) The settlor's guardian with the approval of the court supervising the guardianship if1835
2066	2066		an agent is not so authorized and a conservator has not been appointed.1836
2067	2067		(c) Following the settlor's death the court shall approve a petition to:1837
2068	2068		(1) Modify an irrevocable trust if all qualified beneficiaries consent, the trustee has1838
2069	2069		received been given notice of the proposed modification, and the court concludes that1839
2070	2070		modification is not inconsistent with any material purpose of such trust; and1840
2071	2071		(2) Terminate an irrevocable trust if all qualified beneficiaries consent, the trustee has1841
2072	2072		received been given notice of the proposed termination, and the court concludes that1842
2073	2073		continuance of such trust is not necessary to achieve any material purpose of such trust."1843
2074	2074		"(k) Subsections (b) and (c) of this Code section shall not apply to charitable trusts. If a1844
2075	2075		transfer to any other trust qualified for a charitable deduction under Sections 170(a),1845
2076		-	H. B. 327
2077		-	- 72 - 25 LC 48 1516S~~/AP~~
	2076	+	H. B. 327 (SUB)
	2077	+	- 72 - 25 LC 48 1516S
2078	2078		2055(a), or 2522(a) of the federal Internal Revenue Code, the trust may not be modified1846
2079	2079		or terminated pursuant to subsection (b) or (c) of this Code section in a manner that1847
2080	2080		prevents the transfer to the trust from qualifying for or reduces the amount of such1848
2081	2081		charitable deduction."1849
2082	2082		"(o) For purposes of subsection (b) of this Code section, notwithstanding the provisions1850
2083	2083		of Code Section 53-12-8, all qualified beneficiaries shall represent and bind all other1851
2084	2084		beneficiaries who are not qualified beneficiaries, regardless of whether there is a conflict1852
2085	2085		of interest between a qualified beneficiary and any such other beneficiary or whether any1853
2086	2086		such other beneficiary objects to the representation."1854
2087	2087		SECTION 72.1855
2088	2088		Said title is further amended by revising Code Section 53-12-62, relating to power of trustee1856
2089	2089		to invade principal of original trust, as follows:1857
2090	2090		"53-12-62.1858
2091	2091		(a) As used in this Code section, the term:1859
2092	2092		(1) 'Original trust' refers to the trust from which principal is being distributed.1860
2093	2093		(2) 'Second trust' refers to the trust to which assets are being distributed from the original1861
2094	2094		trust, whether a separate trust or an amended version of the original trust.1862
2095	2095		(b)(1) As used in this subsection, the term 'current beneficiary' means a person who, on1863
2096	2096		the date of distribution to the second trust, is a distributee or permissible distributee of1864
2097	2097		trust income or principal.1865
2098	2098		(2) Unless the original trust instrument expressly provides otherwise, a trustee, other than1866
2099	2099		a person who contributed property donor to the trust, with the discretionary authority to1867
2100	2100		invade the distribute income or principal of the original trust to make distributions to or1868
2101	2101		for the benefit of one or more of the beneficiaries may also, independently or with court1869
2102	2102		approval, exercise such authority by distributing all or part of the income or principal of1870
2103		-	H. B. 327
2104		-	- 73 - 25 LC 48 1516S~~/AP~~
	2103	+	H. B. 327 (SUB)
	2104	+	- 73 - 25 LC 48 1516S
2105	2105		the original trust subject to such discretion to a trustee of a second trust; provided,1871
2106	2106		however, that the second trust shall not include as a:1872
2107	2107		(A) Current beneficiary any person that is not a current beneficiary of income or1873
2108	2108		principal of the original trust; or1874
2109	2109		(B) Beneficiary any person that is not a beneficiary of the original trust.1875
2110	2110		(c) Except as provided in this Code section, a trustee may exercise the power to invade the1876
2111	2111		distribute income or principal of the original trust under subsection (b) of this Code section1877
2112	2112		without the consent of the settlor or the beneficiaries of the original trust if such trustee1878
2113	2113		provides written notice of such trustee's decision to exercise the power to such settlor, if1879
2114	2114		living, any trust director, and those persons then entitled to annual reports from the trustee1880
2115	2115		of the original trust under subsection (b) of Code Section 53-12-243, taking into account1881
2116	2116		the provisions of the original trust and subsections (c) and (d) of Code Section 53-12-243. 1882
2117	2117		Such notice shall:1883
2118	2118		(1) Describe the manner in which such trustee intends to exercise such power;1884
2119	2119		(2) Specify the date such trustee proposes to distribute to the second trust; and1885
2120	2120		(3) Be delivered at least 30 days before the proposed distribution to the second trust.1886
2121	2121		(d) The exercise of the power to invade the distribute income or principal of the original1887
2122	2122		trust under subsection (b) of this Code section shall be by an instrument in a writing, signed1888
2123	2123		and acknowledged by the trustee, and filed with the records of the original trust.1889
2124	2124		(e) The exercise of the power to invade the distribute income or principal of the original1890
2125	2125		trust under subsection (b) of this Code section shall not extend the permissible period of1891
2126	2126		the rule against perpetuities that applies to such original trust.1892
2127	2127		(f) The exercise of the power to invade the distribute income or principal of the original1893
2128	2128		trust under subsection (b) of this Code section by a trustee who is also a beneficiary shall1894
2129	2129		be subject to the limitations of Code Section 53-12-270.1895
2130	2130		(g) This Code section shall not be construed to abridge the right of any trustee who has a1896
2131	2131		power of invasion to distribute property income or principal in further trust that arises1897
2132		-	H. B. 327
2133		-	- 74 - 25 LC 48 1516S~~/AP~~
	2132	+	H. B. 327 (SUB)
	2133	+	- 74 - 25 LC 48 1516S
2134	2134		under any other law or under common law, and nothing in this Code section shall be
2135	2135		1898
2136	2136		construed to imply that the common law does not permit the exercise of a power to invade
2137	2137		1899
2138	2138		the distribute income or principal of a trust in the manner authorized under subsection (b)1900
2139	2139		of this Code section.1901
2140	2140		(h) A second trust may confer a power of appointment upon a beneficiary of the original1902
2141	2141		trust to whom or for the benefit of whom the trustee has the power to distribute the income1903
2142	2142		or principal of such original trust. For purposes of this subsection, the permissible1904
2143	2143		appointees of the power of appointment conferred upon a beneficiary may include persons1905
2144	2144		who are not beneficiaries of such original trust or second trust.1906
2145	2145		(i) If any contribution to the original trust qualified for the annual exclusion under Section1907
2146	2146		2503(b) of the federal Internal Revenue Code, as it existed on February 1, 2018, the marital1908
2147	2147		deduction under Section 2056(a) or 2523(a) of the federal Internal Revenue Code, as it1909
2148	2148		existed on February 1, 2018, or the charitable deduction under Section 170(a), 642(c),1910
2149	2149		2055(a), or 2522(a) of the federal Internal Revenue Code, as it existed on February 1, 2018,1911
2150	2150		is a direct skip qualifying for treatment under Section 2642(c) of the federal Internal1912
2151	2151		Revenue Code, as it existed on February 1, 2018, or qualified for any other specific tax1913
2152	2152		benefit that would be lost by the existence of the authorized trustee's authority under1914
2153	2153		subsection (b) of this Code section for income, gift, estate, or generation-skipping transfer1915
2154	2154		tax purposes under the federal Internal Revenue Code, then the authorized trustee shall not1916
2155	2155		have the power to distribute the income or principal of a trust pursuant to subsection (b) of1917
2156	2156		this Code section in a manner that would prevent the contribution to the original trust from1918
2157	2157		qualifying for such exclusion, deduction, or other tax benefit or would reduce such1919
2158	2158		exclusion, deduction, or other tax benefit that was originally claimed with respect to such1920
2159	2159		contribution.1921
2160	2160		(j) The exercise of the power to invade the distribute income or principal of the original1922
2161	2161		trust under subsection (b) of this Code section shall be subject to the following limitations1923
2162		-	H. B. 327
2163		-	- 75 - 25 LC 48 1516S~~/AP~~
	2162	+	H. B. 327 (SUB)
	2163	+	- 75 - 25 LC 48 1516S
2164	2164		with respect to any portion of the original trust or second trust that does or will qualify as1924
2165	2165		a grantor trust with respect to a donor:1925
2166	2166		(1) The second trust need not qualify as a grantor trust for federal income tax purposes,1926
2167	2167		even if the original trust does qualify as a grantor trust, except that if such original trust1927
2168	2168		qualifies as a grantor trust because of the application of Section 672(f)(2)(A) of the1928
2169	2169		federal Internal Revenue Code, as it existed on February 1, 2018, such second trust may1929
2170	2170		not include or omit a term that, if included in or omitted from the original trust1930
2171	2171		instrument, would have prevented such original trust from qualifying under such section;1931
2172	2172		(2) Notwithstanding any other provision of this Code section, when the original trust1932
2173	2173		does not qualify as a grantor trust and the donor is alive, the terms of the second trust1933
2174	2174		shall not provide for a power of disposition that is not exempt from the application of1934
2175	2175		subsection (a) of Section 674 of the federal Internal Revenue Code unless an adverse1935
2176	2176		party, as defined in subsection (a) of Section 672 of the federal Internal Revenue Code,1936
2177	2177		approves or consents to the inclusion of the power in the second trust. Subject to1937
2178	2178		paragraph (3) of this subsection, the second trust may qualify as a grantor trust pursuant1938
2179	2179		to other sections of the federal Internal Revenue Code;1939
2180	2180		(2)(3) Unless the settlor the donor objects in a writing delivered to the trustee before the1940
2181	2181		date the trustee proposes to distribute from the original trust to the second trust, such1941
2182	2182		second trust may qualify as a grantor trust for federal income tax purposes, even if such1942
2183	2183		original trust does not so qualify, except that if such original trust does not so qualify and1943
2184	2184		such second trust will so qualify, in whole or in part, with respect to the settlor donor,1944
2185	2185		such second trust shall grant such settlor donor or another person a power that would1945
2186	2186		cause such second trust to cease to be a grantor trust for federal income tax purposes; and1946
2187	2187		(3)(4) When both the original trust and the second trust qualify as grantor trusts for1947
2188	2188		federal income tax purposes and such original trust grants the settlor donor or another1948
2189	2189		person the power to cause such original trust to cease to be a grantor trust, such second1949
2190	2190		trust shall grant an equivalent power to the settlor donor or another person unless such1950
2191		-	H. B. 327
2192		-	- 76 - 25 LC 48 1516S~~/AP~~
	2191	+	H. B. 327 (SUB)
	2192	+	- 76 - 25 LC 48 1516S
2193	2193		settlor donor objects in a writing delivered to the trustee before the date the trustee1951
2194	2194		proposes to distribute from such original trust to such second trust.1952
2195	2195		For purposes of this subsection, a trust that is a 'grantor trust' or that qualifies as a 'grantor1953
2196	2196		trust' shall mean a trust, or portion of a trust, of which the donor is treated as the owner of1954
2197	2197		the trust property for federal income tax purposes pursuant to Subchapter J of the federal1955
2198	2198		Internal Revenue Code.1956
2199	2199		(k) During any period when the original trust owns stock in a Subchapter 'S' corporation1957
2200	2200		as defined in Section 1361(a)(1) of the federal Internal Revenue Code, as it existed on1958
2201	2201		February 1, 2018, an authorized trustee shall not exercise a power authorized by subsection1959
2202	2202		(b) of this Code section to distribute part or all of the stock of the Subchapter 'S'1960
2203	2203		corporation to a second trust that is not a permitted shareholder under Section 1361(c)(2)1961
2204	2204		of the federal Internal Revenue Code, as it existed on February 1, 2018.1962
2205	2205		(l) A trustee or other person that reasonably relies on the validity of a distribution of1963
2206	2206		property of the original trust to the second trust under subsection (b) of this Code section1964
2207	2207		or any other law or common law shall not be liable for any action or failure to act as a1965
2208	2208		result of such reliance.1966
2209	2209		(m) This Code section shall not create or imply a duty for a trustee or trust director to1967
2210	2210		exercise a power conferred by this Code section.1968
2211	2211		(n) If exercise of the power to invade the distribute income or principal of the original trust1969
2212	2212		would be effective under subsection (b) of this Code section except that the second trust1970
2213	2213		in part does not comply with this Code section, such exercise of the power shall be1971
2214	2214		effective, a provision in such second trust that is not permitted under this Code section shall1972
2215	2215		be void to the extent necessary to comply with this Code section, and a provision required1973
2216	2216		by this Code section to be in such second trust that is not contained in such second trust1974
2217	2217		shall be deemed to be included in such second trust to the extent necessary to comply with1975
2218	2218		this Code section.1976
2219		-	H. B. 327
2220		-	- 77 - 25 LC 48 1516S~~/AP~~
	2219	+	H. B. 327 (SUB)
	2220	+	- 77 - 25 LC 48 1516S
2221	2221		(o) The settlor donor of the original trust shall be deemed to be the settlor donor of the1977
2222	2222		second trust with respect to the portion of the income or principal of the original trust1978
2223	2223		subject to the exercise of the power to invade distribute the principal of such original trust1979
2224	2224		under subsection (b) of this Code section. The settlor of the second trust shall be the1980
2225	2225		person who creates the second trust, including a testator in the case of a testamentary trust;1981
2226	2226		provided, however, that, if the trustee of the original trust creates the second trust, the1982
2227	2227		settlor of the original trust shall be deemed to be the settlor of the second trust.1983
2228	2228		(p) A debt, liability, or other obligation enforceable against property of the original trust1984
2229	2229		shall be enforceable to the same extent against the property when held by the second trust1985
2230	2230		after exercise of the power to invade distribute the income or principal of such original trust1986
2231	2231		under subsection (b) of this Code section.1987
2232	2232		(q) This Code section shall apply to any trust the meaning and effect of whose trust1988
2233	2233		provisions are determined by the law of this state that:1989
2234	2234		(1) Has its principal place of administration in this state, including a trust whose1990
2235	2235		principal place of administration has been changed to this state; or1991
2236	2236		(2) Provides in its trust instrument that it is governed by the law of this state or is1992
2237	2237		governed by the law of this state for the purpose of:1993
2238	2238		(A) Administration, including administration of a trust whose governing law for1994
2239	2239		purposes of administration has been changed to the law of this state;1995
2240	2240		(B) Construction of the terms of the trust; or1996
2241	2241		(C) Determining the meaning or effect of the terms of the trust.1997
2242	2242		(r) This Code section shall not apply to charitable trusts."1998
2243	2243		SECTION 73.1999
2244	2244		Said title is further amended by revising subsection (f) of Code Section 53-12-80, relating2000
2245	2245		to spendthrift provisions, as follows:2001
2246		-	H. B. 327
2247		-	- 78 - 25 LC 48 1516S~~/AP~~
	2246	+	H. B. 327 (SUB)
	2247	+	- 78 - 25 LC 48 1516S
2248	2248		"(f) If a beneficiary is also a contributor to the trust donor, a spendthrift provision shall not2002
2249	2249		be valid as to such beneficiary to the extent of the proportion portion of trust property2003
2250	2250		attributable to such beneficiary's contribution of which such beneficiary is the donor. This2004
2251	2251		subsection shall not apply to a special needs trust established pursuant to 42 U.S.C.2005
2252	2252		Sections Section 1396p(d)(4)(A) or 1396p(d)(4)(C)."2006
2253	2253		SECTION 74.2007
2254	2254		Said title is further amended by revising Code Section 53-12-81, relating to limitations on2008
2255	2255		creditors' rights to discretionary distributions, as follows:2009
2256	2256		"53-12-81.2010
2257	2257		A transferee or creditor of a beneficiary shall not compel the trustee or a trust director to2011
2258	2258		pay any amount that is payable only in the discretion of the trustee or trust director2012
2259	2259		regardless of whether the discretion is expressed in the form of a standard of distribution,2013
2260	2260		including, but not limited to, health, education, maintenance, and support, and whether2014
2261	2261		such trustee or trust director is also a beneficiary. This Code section shall not apply to the2015
2262	2262		extent of the proportion portion of trust property attributable to the beneficiary's2016
2263	2263		contribution of which such beneficiary is the donor."2017
2264	2264		SECTION 75.2018
2265	2265		Said title is further amended by revising Code Section 53-12-82, relating to rules for trusts2019
2266	2266		and consideration of assets of an inter vivos marital trust following death, as follows:2020
2267	2267		"53-12-82.2021
2268	2268		(a)(1) As used in this subsection, the term 'creditor' means:2022
2269	2269		(A) With respect to subparagraphs (A) and (B) of paragraph (2) of this subsection,2023
2270	2270		those creditors of a settlor donor whose claims against the property of the trust are2024
2271	2271		governed by this article, including those creditors identified in subsection (d) of Code2025
2272	2272		Section 53-12-80; and2026
2273		-	H. B. 327
2274		-	- 79 - 25 LC 48 1516S~~/AP~~
	2273	+	H. B. 327 (SUB)
	2274	+	- 79 - 25 LC 48 1516S
2275	2275		(B) With respect to subparagraph (C) of paragraph (2) of this subsection, those
2276	2276		2027
2277	2277		claimants whose claims against the property of the settlor's
2278	2278		a donor's estate are2028
2279	2279		governed by Article 4 of Chapter 7 of this title, including those claimants identified in2029
2280	2280		Code Section 53-7-40.2030
2281	2281		(2) Regardless of whether the trust instrument contains a spendthrift provision, the2031
2282	2282		following rules shall apply:2032
2283	2283		(A) During the lifetime of the settlor, the settlor shall be treated as the donor of all2033
2284	2284		property of a revocable trust revocable by such settlor and such property shall be2034
2285	2285		subject to claims of the settlor's such donor's creditors;2035
2286	2286		(B) With respect to an irrevocable trust:2036
2287	2287		(i) Creditors or assignees of the settlor donor may reach the maximum amount that2037
2288	2288		can be distributed to or for the settlor's donor's benefit during the settlor's donor's life2038
2289	2289		or that could have been distributed to or for the settlor's donor's benefit immediately2039
2290	2290		prior to the settlor's donor's death, provided that, if a trust has more than one settlor,2040
2291	2291		the amount the creditors or assignees of a particular settlor may reach shall not exceed2041
2292	2292		the settlor's interest in the portion of the trust attributable to that settlor's contribution;2042
2293	2293		and2043
2294	2294		(ii) The portion of a trust that can be distributed to or for the settlor's donor's benefit2044
2295	2295		pursuant to the power of a trustee, whether arising under the trust instrument or any2045
2296	2296		other law, to make a distribution to or for the benefit of a settlor donor for the purpose2046
2297	2297		of reimbursing the settlor donor in an amount equal to any income taxes payable on2047
2298	2298		any portion of the trust principal and income that is treated as the settlor's donor's2048
2299	2299		individual income under applicable law shall not be considered an amount that can2049
2300	2300		be distributed to or for the settlor's donor's benefit during the settlor's donor's life or2050
2301	2301		that could have been distributed to or for the settlor's donor's benefit immediately2051
2302	2302		prior to the settlor's donor's death; and2052
2303		-	H. B. 327
2304		-	- 80 - 25 LC 48 1516S~~/AP~~
	2303	+	H. B. 327 (SUB)
	2304	+	- 80 - 25 LC 48 1516S
2305	2305		(C) After the death of a settlor donor, and subject to the settlor's donor's right to direct2053
2306	2306		the source from which liabilities shall be paid:2054
2307	2307		(i) The settlor shall be treated as the donor of all property of a trust that was2055
2308	2308		revocable by the settlor at the settlor's death or had become irrevocable as a result of2056
2309	2309		the settlor's incapacity, and such property shall be subject to claims of the creditors2057
2310	2310		of the settlor's donor's estate to the extent the settlor's donor's probate estate is2058
2311	2311		inadequate; and2059
2312	2312		(ii) Payments that would not be subject to the claims of the creditors of the settlor's2060
2313	2313		donor's estate if made by way of beneficiary designation to persons other than the2061
2314	2314		settlor's donor's estate shall not be made subject to such claims by virtue of this Code2062
2315	2315		section unless otherwise provided in the trust instrument.2063
2316	2316		(b)(1) As used in this subsection, the term:2064
2317	2317		(A) 'Donor's spouse' means the spouse of the donor at the time of the creation of an2065
2318	2318		inter vivos marital trust, regardless of whether such spouse is married to the donor at2066
2319	2319		the time of such spouse's death.2067
2320	2320		(A)(B) 'Inter vivos marital trust' means:2068
2321	2321		(i) A trust described in Section 2523(e) of the Internal Revenue Code of 1986, as it2069
2322	2322		existed on February 1, 2018;2070
2323	2323		(ii) A trust for which the election described in Section 2523(f) of the Internal2071
2324	2324		Revenue Code of 1986, as it existed on February 1, 2018, has been made; or2072
2325	2325		(iii) Another trust to the extent such trust's assets are property is attributable to a trust2073
2326	2326		described in division (i) or (ii) of this subparagraph.2074
2327	2327		(B) 'Settlor's spouse' means the spouse of the settlor at the time of the creation of an2075
2328	2328		inter vivos marital trust, regardless of whether such spouse is married to the settlor at2076
2329	2329		the time of such spouse's death.2077
2330	2330		(2) Subject to Article 4 of Chapter 2 of Title 18, after the death of the settlor's donor's2078
2331	2331		spouse, the assets property of an inter vivos marital trust shall be deemed to have been2079
2332		-	H. B. 327
2333		-	- 81 - 25 LC 48 1516S~~/AP~~
	2332	+	H. B. 327 (SUB)
	2333	+	- 81 - 25 LC 48 1516S
2334	2334		contributed by the settlor's donor's spouse and not by the settlor donor so that the spouse2080
2335	2335		becomes the donor of all such property; provided, however, that this Code section shall2081
2336	2336		not apply to any property contributed to such trust after the death of the donor's spouse."2082
2337	2337		SECTION 76.2083
2338	2338		Said title is further amended by revising Code Section 53-12-83, relating to creditors' claims2084
2339	2339		against property that is subject to withdrawal right, as follows:2085
2340	2340		"53-12-83.2086
2341	2341		For purposes of this article, the The holder of a power of withdrawal, during the period that2087
2342	2342		the power may be exercised, shall be treated in the same manner as the settlor of a2088
2343	2343		revocable trust to the extent of the property subject to the power. The, and the lapse,2089
2344	2344		release, or waiver of a power of withdrawal shall not cause the holder to be treated as a2090
2345	2345		settlor donor of the trust."2091
2346	2346		SECTION 77.2092
2347	2347		Said title is further amended by revising Code Section 53-12-172, relating to cy pres, as2093
2348	2348		follows:2094
2349	2349		"53-12-172.2095
2350	2350		If a charitable trust or gift cannot be executed in the manner provided by the settlor or2096
2351	2351		donor purpose of a charitable trust becomes unlawful, impracticable, impossible to achieve,2097
2352	2352		or wasteful, the superior court shall, upon a petition by a donor or other interested person2098
2353	2353		pursuant to this Code section, modify or terminate the trust exercise equitable powers in2099
2354	2354		such a way as will as nearly as possible effectuate the intention of the settlor or donor."2100
2355	2355		SECTION 78.2101
2356	2356		Said title is further amended by revising Code Section 53-12-200, relating to capacity of2102
2357	2357		trustee, as follows:2103
2358		-	H. B. 327
2359		-	- 82 - 25 LC 48 1516S~~/AP~~
	2358	+	H. B. 327 (SUB)
	2359	+	- 82 - 25 LC 48 1516S
2360	2360		"53-12-200.
2361	2361		2104
2362	2362		A trustee shall have legal capacity under Georgia law to acquire, hold, and transfer title to2105
2363	2363		property. An individual shall be eligible to serve as a trustee regardless of citizenship or2106
2364	2364		residency. If the trustee is a corporation, partnership, or other entity, it shall be required2107
2365	2365		to have the power to act as a trustee in Georgia pursuant to Code Section 7-1-242, Article
2366	2366		2108
2367	2367		15 of this chapter, or other applicable law."2109
2368	2368		SECTION 79.2110
2369	2369		Said title is further amended by revising Code Section 53-12-201, relating to appointment2111
2370	2370		and vacancies, as follows:2112
2371	2371		"53-12-201.2113
2372	2372		(a) A settlor may appoint trustees or grant that power to others, including trust2114
2373	2373		beneficiaries.2115
2374	2374		(b) A trust shall never fail for want of a trustee.2116
2375	2375		(c) If the trust instrument names a person to fill a vacancy or provides a method of2117
2376	2376		appointing a trustee, any vacancy shall be filled or appointment made as provided in the2118
2377	2377		trust instrument. A vacancy in a trusteeship occurs if:2119
2378	2378		(1) A person designated as trustee rejects the trusteeship;2120
2379	2379		(2) A person designated as trustee cannot be identified, cannot be located, or does not2121
2380	2380		exist;2122
2381	2381		(3) A guardian or conservator is appointed for an individual serving as trustee;2123
2382	2382		(4) A trustee is disqualified or removed;2124
2383	2383		(5) A trustee resigns or dies; or2125
2384	2384		(6) For any other reason there is no person currently serving as trustee of a trust.2126
2385	2385		(d) The qualified beneficiaries may appoint a trustee by unanimous consent. Unless2127
2386	2386		otherwise provided in the trust instrument, if one or more cotrustees remain in office, a2128
2387	2387		vacancy need not be filled.2129
2388		-	H. B. 327
2389		-	- 83 - 25 LC 48 1516S~~/AP~~
	2388	+	H. B. 327 (SUB)
	2389	+	- 83 - 25 LC 48 1516S
2390	2390		(e) In all other cases, the court, on petition of an interested person, may appoint any2130
2391	2391		number of trustees consistent with the intention of the settlor and the interests of the2131
2392	2392		beneficiaries. A vacancy in a trusteeship that is required to be filled shall be filled, in the2132
2393	2393		following order of priority, by a person:2133
2394	2394		(1) Designated in the trust instrument as successor trustee;2134
2395	2395		(2) Appointed as provided in the trust instrument;2135
2396	2396		(3) Appointed by the unanimous agreement of the qualified beneficiaries; or2136
2397	2397		(4) On petition of an interested person, appointed by the court.2137
2398	2398		(f) Regardless of whether a vacancy in a trusteeship exists or is required to be filled, the2138
2399	2399		court may, on petition of an interested person, appoint an additional trustee or special2139
2400	2400		fiduciary whenever the court considers the appointment consistent with the intention of the2140
2401	2401		settlor and the interests of the beneficiaries, or otherwise necessary for the administration2141
2402	2402		of the trust.2142
2403	2403		(f)(g) A The petition provided for in subsection (e) of this Code section shall be served2143
2404	2404		upon all qualified beneficiaries.2144
2405	2405		(g)(h) A trustee appointed as a successor trustee shall have all the authority of the original2145
2406	2406		trustee."2146
2407	2407		SECTION 80.2147
2408	2408		Said title is further amended by revising Code Section 53-12-221, relating to removal of2148
2409	2409		trustee, as follows:2149
2410	2410		"53-12-221.2150
2411	2411		(a) A trustee may be removed:2151
2412	2412		(1) In accordance with the provisions of the trust instrument; or2152
2413	2413		(2) Upon petition to the court by any interested person showing good cause or by the2153
2414	2414		court on its own motion.2154
2415	2415		(b) The court may remove a trustee if:2155
2416		-	H. B. 327
2417		-	- 84 - 25 LC 48 1516S~~/AP~~
	2416	+	H. B. 327 (SUB)
	2417	+	- 84 - 25 LC 48 1516S
2418	2418		(1) The trustee has committed a serious breach of trust;2156
2419	2419		(2) Lack of cooperation among cotrustees substantially impairs the administration of the2157
2420	2420		trust;2158
2421	2421		(3) The court finds that removal of the trustee best serves the interests of the2159
2422	2422		beneficiaries because of unfitness (including, but not limited to, a lack of capacity to2160
2423	2423		make or communicate significant responsible decisions concerning the management of2161
2424	2424		trust property) or unwillingness or persistent failure to administer the trust effectively;2162
2425	2425		(4) There has been a substantial change of circumstances, the court finds that removal2163
2426	2426		of the trustee best serves the interests of the beneficiaries and is not inconsistent with a2164
2427	2427		material purpose of the trust, and a suitable cotrustee or successor trustee is available; or2165
2428	2428		(5) Removal is requested by all of the qualified beneficiaries, the court finds that removal2166
2429	2429		of the trustee best serves the interests of the beneficiaries and is not inconsistent with a2167
2430	2430		material purpose of the trust, and a suitable cotrustee or successor trustee is available.2168
2431	2431		(c) In the discretion of the court, in order to protect the trust property or the interests of any2169
2432	2432		beneficiary, on its own motion or on motion of a cotrustee or other interested person, the2170
2433	2433		court may compel the trustee whose removal is being sought to surrender trust property to2171
2434	2434		a cotrustee, a receiver, or temporary trustee pending a decision on a petition for removal2172
2435	2435		of a trustee or pending appellate review of such decision. To the extent the court deems2173
2436	2436		necessary, the powers of the trustee also may be suspended."2174
2437	2437		SECTION 81.2175
2438	2438		Said title is further amended by revising subsections (b) and (c) of Code Section 53-12-243,2176
2439	2439		relating to duty to provide reports and accounts, as follows:2177
2440	2440		"(b)(1) A trustee shall account at least annually, at the termination of the trust, and upon2178
2441	2441		a change of trustees to each beneficiary of an irrevocable trust to whom income or2179
2442	2442		principal is required or authorized in the trustee's discretion to be distributed currently2180
2443	2443		during the period covered by the report, including upon the termination of the trust on the2181
2444		-	H. B. 327
2445		-	- 85 - 25 LC 48 1516S~~/AP~~
	2444	+	H. B. 327 (SUB)
	2445	+	- 85 - 25 LC 48 1516S
2446	2446		last day of such period, and to any person who may revoke the trust. At the termination2182
2447	2447		of the trust, the trustee shall also account to each remainder beneficiary. Upon a change2183
2448	2448		of trustees, the trustee shall also account to the successor trustee.2184
2449	2449		(2) An accounting furnished to a beneficiary pursuant to paragraph (1) of this subsection2185
2450	2450		shall contain a statement of receipts and disbursements of principal and income that have2186
2451	2451		occurred during the last complete fiscal year of the trust or since the last accounting to2187
2452	2452		that beneficiary and a statement of the assets and liabilities of the trust as of the end of2188
2453	2453		the accounting period.2189
2454	2454		(c) A trustee shall not be required to report information or account to:2190
2455	2455		(1) A a beneficiary who has waived in writing the right to a report or accounting and has2191
2456	2456		not withdrawn that waiver; or2192
2457	2457		(2) The unascertainable charitable beneficiaries of a trust that is not a charitable trust."2193
2458	2458		SECTION 82.2194
2459	2459		Said title is further amended in Part 1 of Article 13 of Chapter 12, relating to duties of2195
2460	2460		trustee, by adding a new Code section to read as follows:2196
2461	2461		"53-12-248.2197
2462	2462		When a person holds a power of appointment, as defined in Code Section 53-12-500, over2198
2463	2463		property with respect to which the person is also a trustee or a trust director, the duties2199
2464	2464		imposed on such person as a trustee or trust director shall not apply to the exercise or2200
2465	2465		nonexercise of the power of appointment."2201
2466	2466		SECTION 83.2202
2467	2467		Said title is further amended by revising paragraphs (11), (23), (28), and (29) of and by2203
2468	2468		adding a new paragraph to subsection (b) of Code Section 53-12-261, relating to powers of2204
2469	2469		trustee and limitation based on fiduciary duties, to read as follows:2205
2470		-	H. B. 327
2471		-	- 86 - 25 LC 48 1516S~~/AP~~
	2470	+	H. B. 327 (SUB)
	2471	+	- 86 - 25 LC 48 1516S
2472	2472		"(11) To borrow money for such periods of time and upon such terms and conditions as
2473	2473		2206
2474	2474		to rates, maturities, renewals, and security as the fiduciary shall deem advisable for the
2475	2475		2207
2476	2476		any purpose of paying debts, taxes, or other charges against the estate or trust or any part2208
2477	2477		thereof and to mortgage, pledge, or otherwise encumber such portion of the property held2209
2478	2478		by the fiduciary as may be required to secure the loan and to renew existing loans either2210
2479	2479		as maker or endorser;"2211
2480	2480		"(23) To employ and compensate, out of income or principal or both and in such2212
2481	2481		proportion as the fiduciary shall deem advisable, persons deemed by the fiduciary needful2213
2482	2482		to advise or assist in the administration of the estate or trust, including, but not limited to,2214
2483	2483		agents, accountants, brokers, attorneys at law, attorneys in fact, investment brokers, rental2215
2484	2484		agents, realtors, appraisers, and tax specialists; and to do so without liability for any2216
2485	2485		neglect, omission, misconduct, or default of any such agent or representative selected and2217
2486	2486		retained with due care on the part of the fiduciary; provided, however, that, if an attorney2218
2487	2487		in fact is appointed by a power of attorney to which Chapter 6B of Title 10 is applicable2219
2488	2488		under Code Section 10-6B-81, the exercise of the fiduciary powers of the trustee by the2220
2489	2489		attorney in fact shall be subject to Code Section 10-6B-40;"2221
2490	2490		"(28) To determine:2222
2491	2491		(A) What is principal and what is income of any estate or trust and to allocate or2223
2492	2492		apportion receipts and expenses, as between principal and income, in the exercise of the2224
2493	2493		fiduciary's discretion and, by way of illustration and not limitation of the fiduciary's2225
2494	2494		discretion, to charge premiums on securities purchased at a premium against principal2226
2495	2495		or income or partly against each;2227
2496	2496		(B) Whether to apply stock dividends and other noncash dividends to income or2228
2497	2497		principal or to apportion them as the fiduciary shall deem advisable; and2229
2498	2498		(C) What expenses, costs, and taxes, other than estate, inheritance, and succession2230
2499	2499		taxes and other governmental charges, shall be charged against principal or income or2231
2500	2500		apportioned between principal and income and in what proportions; and2232
2501		-	H. B. 327
2502		-	- 87 - 25 LC 48 1516S~~/AP~~
	2501	+	H. B. 327 (SUB)
	2502	+	- 87 - 25 LC 48 1516S
2503	2503		(29) To make, modify, and execute contracts and other instruments, under seal or
2504	2504		2233
2505	2505		otherwise, as the fiduciary deems advisable; and
2506	2506		2234
2507	2507		(30) To endorse, guarantee, become the surety of or otherwise become obligated for or2235
2508	2508		with respect to the debts or other obligations of a beneficiary or any debt or obligation2236
2509	2509		incurred for the benefit of a beneficiary, whether with or without consideration, as the2237
2510	2510		fiduciary deems advisable."2238
2511	2511		SECTION 84.2239
2512	2512		Said title is further amended by revising Code Section 53-12-262, relating to powers of2240
2513	2513		corporate fiduciaries, as follows:2241
2514	2514		"53-12-262.2242
2515	2515		A corporate fiduciary, without authorization by the court, may exercise the power:2243
2516	2516		(1) To retain stock or other securities of its own issue received on the creation of the trust2244
2517	2517		or later contributed to the trust, including the securities into which the securities2245
2518	2518		originally received or contributed may be converted or which that may be derived2246
2519	2519		therefrom as a result of merger, consolidation, stock dividends, splits, liquidations, and2247
2520	2520		similar procedures. The corporate fiduciary may exercise by purchase or otherwise any2248
2521	2521		rights, warrants, or conversion features attaching to any such securities. The authority2249
2522	2522		described in this paragraph shall:2250
2523	2523		(A) Apply to the exchange or conversion of stock or securities of the corporate2251
2524	2524		fiduciary's own issue, regardless of whether or not any new stock or securities received2252
2525	2525		in exchange therefor are substantially equivalent to those originally held;2253
2526	2526		(B) Apply to the continued retention of all new stock and securities resulting from2254
2527	2527		merger, consolidation, stock dividends, splits, liquidations, and similar procedures and2255
2528	2528		received by virtue of such conversion or exchange of stock or securities of the corporate2256
2529	2529		fiduciary's own issue, regardless of whether or not the new stock or securities are2257
2530	2530		substantially equivalent to those originally received by the fiduciary;2258
2531		-	H. B. 327
2532		-	- 88 - 25 LC 48 1516S~~/AP~~
	2531	+	H. B. 327 (SUB)
	2532	+	- 88 - 25 LC 48 1516S
2533	2533		(C) Have reference, inter alia, to the exchange of such stock or securities for stock or
2534	2534		2259
2535	2535		securities of any holding company which
2536	2536		that owns stock or other interests in one or2260
2537	2537		more other corporations, including the corporate fiduciary, whether the holding2261
2538	2538		company is newly formed or already existing and regardless of whether or not any of2262
2539	2539		the corporations own assets identical or similar to the assets of or carry on a business2263
2540	2540		identical or similar to the corporation whose stock or securities were previously2264
2541	2541		received by the fiduciary and the continued retention of stock or securities, or both, of2265
2542	2542		the holding company; and2266
2543	2543		(D) Apply regardless of whether any of the corporations have officers, directors,2267
2544	2544		employees, agents, or trustees in common with the corporation whose stock or2268
2545	2545		securities were previously received by the fiduciary; and2269
2546	2546		(2) To borrow money from its own banking department for such periods of time and2270
2547	2547		upon such terms and conditions as to rates, maturities, renewals, and security as the2271
2548	2548		fiduciary shall deem advisable for the any purpose of paying debts, taxes, or other2272
2549	2549		charges against the estate or any trust or any part thereof, and to mortgage, pledge, or2273
2550	2550		otherwise encumber such portion of the estate or any trust as may be required to secure2274
2551	2551		the loan or loans; and to renew existing loans either as maker or endorser."2275
2552	2552		SECTION 85.2276
2553	2553		Said title is further amended by repealing Code Section 53-12-264, relating to granting of2277
2554	2554		powers by qualified beneficiaries.2278
2555	2555		SECTION 86.2279
2556	2556		Said title is further amended by revising Code Section 53-12-270, relating to exercise of2280
2557	2557		power by trustee who is also a beneficiary, as follows:2281
2558		-	H. B. 327
2559		-	- 89 - 25 LC 48 1516S~~/AP~~
	2558	+	H. B. 327 (SUB)
	2559	+	- 89 - 25 LC 48 1516S
2560	2560		"53-12-270.
2561	2561		2282
2562	2562		(a) Subject to subsection (c) of this Code section, and unless the trust provisions expressly2283
2563	2563		indicate that a rule in this subsection shall not apply, a person other than a settlor or donor
2564	2564		2284
2565	2565		who is a beneficiary and either a trustee or trust director of a trust shall not:2285
2566	2566		(1) A person other than a settlor who is a beneficiary and trustee of a trust that confers2286
2567	2567		on such trustee a power to make Make discretionary distributions to or for such trustee's2287
2568	2568		personal the benefit may exercise such power only in of such person unless in accordance2288
2569	2569		with an ascertainable standard; and2289
2570	2570		(2) Make discretionary allocations of receipts or expenses as between principal and2290
2571	2571		income, unless such person acts in a fiduciary capacity whereby such person has no2291
2572	2572		power to enlarge or shift any beneficial interest except as an incidental consequence of2292
2573	2573		the discharge of such person's fiduciary duties; and2293
2574	2574		(3) Make A trustee shall not exercise a power to make discretionary distributions to2294
2575	2575		satisfy a any of such person's legal obligation obligations of support that such trustee2295
2576	2576		personally owes another person.2296
2577	2577		(b) A power whose exercise is limited or prohibited by subsection (a) of this Code section2297
2578	2578		may be exercised by a majority of the remaining trustees or trust directors who have the2298
2579	2579		power to make or direct discretionary distributions to or for such trustee or trust director2299
2580	2580		and whose exercise of such power is not so limited or prohibited. If the power of all2300
2581	2581		trustees or trust directors is so limited or prohibited, the court may appoint a special2301
2582	2582		fiduciary with authority to exercise the power.2302
2583	2583		(c) Subsection (a) of this Code section shall not apply to:2303
2584	2584		(1) A power held by the settlor's or donor's spouse who is the trustee or trust director of2304
2585	2585		a trust for which a marital deduction, as defined in Section 2056(b)(5) or 2523(e) of the2305
2586	2586		federal Internal Revenue Code of 1986, was previously allowed;2306
2587	2587		(2) Any trust during any period that the trust may be revoked or amended by its settlor;2307
2588	2588		or2308
2589		-	H. B. 327
2590		-	- 90 - 25 LC 48 1516S~~/AP~~
	2589	+	H. B. 327 (SUB)
	2590	+	- 90 - 25 LC 48 1516S
2591	2591		(3) A trust if contributions to such trust qualify for the annual exclusion under Section
2592	2592		2309
2593	2593		2503(c) of the federal Internal Revenue Code of 1986; or
2594	2594		2310
2595	2595		(4) Any portion of a trust over which the trustee or trust director is expressly granted in2311
2596	2596		the trust instrument a presently exercisable or testamentary general power of2312
2597	2597		appointment.2313
2598	2598		(d)(1) If a beneficiary of a trust, in an individual, fiduciary, or other capacity, removes2314
2599	2599		and appoints a successor trustee or trust director who would be related or subordinate to2315
2600	2600		the beneficiary within the meaning of Section 672(c) of the federal Internal Revenue2316
2601	2601		Code if the beneficiary were a grantor, the successor trustee or trust director's2317
2602	2602		discretionary powers shall be limited as follows:2318
2603	2603		(A) The trustee or trust director's discretionary power to make distributions to or for2319
2604	2604		the benefit of that beneficiary is limited to an ascertainable standard;2320
2605	2605		(B) The trustee or trust director's discretionary power shall not be exercised to satisfy2321
2606	2606		any of that beneficiary's legal obligations for support or other purposes; and2322
2607	2607		(C) The trustee or trust director's discretionary power shall not be exercised to grant2323
2608	2608		to the beneficiary a general power to appoint property of the trust to the beneficiary, the2324
2609	2609		beneficiary's estate, or the creditors thereof within the meaning of Section 2041 of the2325
2610	2610		federal Internal Revenue Code.2326
2611	2611		(2) This subsection shall not apply if the appointment of the trustee or trust director by2327
2612	2612		the beneficiary may be made only in conjunction with another person having a substantial2328
2613	2613		interest in the property of the trust subject to the power that is adverse to the exercise of2329
2614	2614		the power in favor of the beneficiary within the meaning of Section 2041 (b)(1)(C)(ii) of2330
2615	2615		the federal Internal Revenue Code."2331
2616	2616		SECTION 87.2332
2617	2617		Said title is further amended by revising subsection (d) of and by adding a new subsection2333
2618	2618		to Code Section 53-12-301, relating to actions for breach of trust, to read as follows:2334
2619		-	H. B. 327
2620		-	- 91 - 25 LC 48 1516S~~/AP~~
	2619	+	H. B. 327 (SUB)
	2620	+	- 91 - 25 LC 48 1516S
2621	2621		"(d) If the settlor of a trust provides for both charitable and noncharitable purposes, the2335
2622	2622		settlor or a donor may maintain a civil action to enforce the charitable purposes of the trust.2336
2623	2623		(e) The provision of remedies for breach of trust shall not prevent resort to any other2337
2624	2624		appropriate remedy provided by statute or common law."2338
2625	2625		SECTION 88.2339
2626	2626		Said title is further amended by revising subsection (a) of Code Section 53-12-307, relating2340
2627	2627		to limitation of actions, as follows:2341
2628	2628		"(a) Unless a claim is previously barred by adjudication, consent, limitation, or otherwise,2342
2629	2629		if a beneficiary has received a written report was sent a written report that adequately2343
2630	2630		discloses disclosed the existence of a claim against the trustee for a breach of trust, the2344
2631	2631		claim shall be barred as to that beneficiary unless a proceeding to assert the claim is2345
2632	2632		commenced within two years after receipt of the report the date the beneficiary was sent2346
2633	2633		such report. A report adequately discloses existence of a claim if it provides sufficient2347
2634	2634		information so that the beneficiary knows of such claim or reasonably should have inquired2348
2635	2635		into the existence of such claim. If the beneficiary has not received a report which was not2349
2636	2636		sent a report that adequately discloses disclosed the existence of a claim against the trustee2350
2637	2637		for a breach of trust, such claim shall be barred as to that beneficiary unless a proceeding2351
2638	2638		to assert such claim is commenced within six years after the beneficiary discovered, or2352
2639	2639		reasonably should have discovered, the subject of such claim."2353
2640	2640		SECTION 89.2354
2641	2641		Said title is further amended by revising subsection (a) of Code Section 53-12-320, relating2355
2642	2642		to nonresidents acting as trustees, as follows:2356
2643	2643		"(a) Any nonresident who is eligible to serve as a trustee under Code Section 53-12-2012357
2644	2644		7-1-242, Part 1 of Article 11 of this chapter, or other applicable law may act as a trustee in2358
2645	2645		this state pursuant to the terms of this Code section."2359
2646		-	H. B. 327
2647		-	- 92 - 25 LC 48 1516S~~/AP~~
	2646	+	H. B. 327 (SUB)
	2647	+	- 92 - 25 LC 48 1516S
2648	2648		SECTION 90.
2649	2649		2360
2650	2650		Said title is further amended by revising subsection (a) of Code Section 53-12-321, relating2361
2651	2651		to foreign entities acting as trustees, as follows:2362
2652	2652		"(a) Any foreign entity may act in this state as a
2653	2653		trustee, executor, trust director, personal2363
2654	2654		representative, temporary administrator, conservator, or guardian, or in any other like or2364
2655	2655		similar fiduciary capacity, whether the appointment is by law, will, deed, inter vivos trust,2365
2656	2656		security deed, mortgage, deed of trust, court order, or otherwise without the necessity of2366
2657	2657		complying with any law of this state relating to the qualification of foreign entities to do2367
2658	2658		business in this state or the licensing of foreign entities to do business in this state, except2368
2659	2659		as provided in this article, and notwithstanding any prohibition, limitation, or restriction2369
2660	2660		contained in any other law of this state, provided only that the foreign entity is authorized2370
2661	2661		to act in the fiduciary capacity in the state in which it is chartered or licensed or, if the2371
2662	2662		foreign entity is a national banking association, in the state in which it has its principal2372
2663	2663		place of business."2373
2664	2664		SECTION 91.2374
2665	2665		Said title is further amended by revising subsection (c) of Code Section 53-12-323, relating2375
2666	2666		to filing statement with Secretary of State and appointment of agent for service, as follows:2376
2667	2667		"(c) Any foreign entity that acts as a trustee or trust director in this state shall be deemed2377
2668	2668		to have consented to service upon the Secretary of State of any summons, notice, or process2378
2669	2669		in connection with any action or proceeding in the courts of this state growing out of or2379
2670	2670		based upon any act or failure to act on the part of the trustee or trust director unless the2380
2671	2671		trustee or trust director shall designate as the agent for such service some person who may2381
2672	2672		be found and served with notice, summons, or process in this state by a designation to be2382
2673	2673		filed, from time to time, in the office of the Secretary of State, giving the name of the agent2383
2674	2674		and the place in this state where the agent may be found and served."2384
2675		-	H. B. 327
2676		-	- 93 - 25 LC 48 1516S~~/AP~~
	2675	+	H. B. 327 (SUB)
	2676	+	- 93 - 25 LC 48 1516S
2677	2677		SECTION 92.
2678	2678		2385
2679	2679		Said title is further amended by revising subsections (b), (g), and (j) of Code Section2386
2680	2680		53-12-362, relating to conversion to unitrust, as follows:2387
2681	2681		"(b)(1) The trustee may petition the superior
2682	2682		court to order the conversion to a unitrust.2388
2683	2683		(2) A beneficiary may request a trustee to convert to a unitrust. If the trustee does not2389
2684	2684		convert, the beneficiary may petition the superior court to order the conversion.2390
2685	2685		(3) The court shall order conversion if the such court concludes that the conversion will2391
2686	2686		enable the trustee to better carry out the intent of the settlor or testator and the purposes2392
2687	2687		of the trust."2393
2688	2688		"(g) The trustee or, if the trustee declines to do so, a beneficiary may petition the superior2394
2689	2689		court to:2395
2690	2690		(1) Select a payout percentage different from 4 percent but not lower than 3 percent or2396
2691	2691		higher than 5 percent;2397
2692	2692		(2) Provide for a distribution of net income, as would be determined if the trust were not2398
2693	2693		a unitrust, in excess of the unitrust distribution if such distribution is necessary to2399
2694	2694		preserve a tax benefit;2400
2695	2695		(3) Average the valuation of the trust's net assets over a period other than three years; or2401
2696	2696		(4) Reconvert from a unitrust. Upon a reconversion, the power to adjust under Code2402
2697	2697		Section 53-12-361 shall be revived."2403
2698	2698		"(j)(1) If paragraph (3) or (4) of subsection (i) of this Code section applies to a trustee2404
2699	2699		and there is more than one trustee, a cotrustee to whom such provision does not apply2405
2700	2700		may convert the trust unless the exercise of the power by the remaining trustee is2406
2701	2701		prohibited by the governing trust instrument.2407
2702	2702		(2) If paragraph (3) or (4) of subsection (i) of this Code section applies to all the trustees,2408
2703	2703		the trustees may petition the superior court to direct a conversion."2409
2704		-	H. B. 327
2705		-	- 94 - 25 LC 48 1516S~~/AP~~
	2704	+	H. B. 327 (SUB)
	2705	+	- 94 - 25 LC 48 1516S
2706	2706		SECTION 93.
2707	2707		2410
2708	2708		Said title is further amended by revising paragraphs (2) and (3) of Code Section 53-12-500,2411
2709	2709		relating to definitions regarding trust directors, as follows:2412
2710	2710		"(2) 'Power of appointment' means a power that enables a person, acting in a2413
2711	2711		nonfiduciary capacity, to:2414
2712	2712		(A) Designate a recipient of either an ownership interest in or another power of2415
2713	2713		appointment over trust property;2416
2714	2714		(B) Rescind or terminate either an ownership interest in or another power of2417
2715	2715		appointment over trust property; and
2716	2716		or2418
2717	2717		(C) Determine when a beneficiary shall have the rights granted under Code Sections2419
2718	2718		53-12-242 and 53-12-243 or similar rights granted under the governing trust instrument.2420
2719	2719		(3) 'Power of direction' means a power over a trust granted to a person by the trust2421
2720	2720		instrument to the extent the power is exercisable in a capacity other than as a trustee. 2422
2721	2721		Such term includes a power over the administration of the trust or the investment,2423
2722	2722		management, or distribution of the trust property; a power to consent to a trustee's2424
2723	2723		actions, whether through exercise of an affirmative power to consent or through2425
2724	2724		nonexercise of a veto power over a trustee's actions, where a trustee may not act without2426
2725	2725		such consent; and all further powers appropriate to the exercise or nonexercise of such2427
2726	2726		powers held by the trust director pursuant to subsection (a) of Code Section 53-12-502. 2428
2727	2727		Such term shall exclude the powers described in subsection (b) of Code Section2429
2728	2728		53-12-501 and the power of a person designated in a trust instrument to receive notice2430
2729	2729		and provide consent pursuant to paragraph (6) of subsection (f) of Code Section 53-12-8."2431
2730	2730		SECTION 94.2432
2731	2731		Said title is further amended by revising paragraph (5) of subsection (b) of Code Section2433
2732	2732		53-12-501, relating to application of article and construction of trust instrument, as follows:2434
2733		-	H. B. 327
2734		-	- 95 - 25 LC 48 1516S~~/AP~~
	2733	+	H. B. 327 (SUB)
	2734	+	- 95 - 25 LC 48 1516S
2735	2735		"(5) A power over a trust if both:
2736	2736		2435
2737	2737		(A) The trust instrument provides such power is held in a nonfiduciary capacity; and2436
2738	2738		(B) Such power is
2739	2739		must be held in a nonfiduciary capacity to achieve the settlor's tax2437
2740	2740		objectives."2438
2741	2741		SECTION 95.2439
2742	2742		Said title is further amended by revising Code Section 53-12-506, relating to statutory2440
2743	2743		provisions applicable to trust directors, defenses available to trust directors, personal2441
2744	2744		jurisdiction, and term "trustee" includes trust director where required or permitted, as2442
2745	2745		follows:2443
2746	2746		"53-12-506.2444
2747	2747		(a) An individual shall be eligible to serve as a trust director regardless of citizenship and2445
2748	2748		or residency. If the trust director is a corporation, partnership, or other entity, it shall be2446
2749	2749		required to have the power to act as a trustee in Georgia.2447
2750	2750		(b) The rules applicable to a trustee apply to a trust director regarding:2448
2751	2751		(1) Jurisdiction under Code Section 53-12-6;2449
2752	2752		(2) All matters governed by Article 11 of this chapter, including, but not limited to,2450
2753	2753		appointment Appointment and acceptance, compensation, and resignation and removal2451
2754	2754		of trustees under Article 11 of this chapter; and2452
2755	2755		(3) Accounting under Article 12 of this chapter; and.2453
2756	2756		(4) Nonresidents and foreign entities acting as trustees under Article 15 of this chapter.2454
2757	2757		(c) In an action against a trust director for breach of trust, the trust director may assert the2455
2758	2758		same defenses a trustee in a like position and under similar circumstances could assert in2456
2759	2759		an action for breach of trust against the trustee.2457
2760	2760		(d) By accepting appointment as a trust director of a trust subject to this article, a trust2458
2761	2761		director submits to personal jurisdiction of the courts of this state regarding any matter2459
2762		-	H. B. 327
2763		-	- 96 - 25 LC 48 1516S~~/AP~~
	2762	+	H. B. 327 (SUB)
	2763	+	- 96 - 25 LC 48 1516S
2764	2764		related to a power or duty of a trust director. This subsection shall not preclude use of2460
2765	2765		another method to obtain jurisdiction over a trust director.2461
2766	2766		(e) As used in this Code, where the context requires or permits, the term 'trustee' includes2462
2767	2767		a trust director."2463
2768	2768		SECTION 96.2464
2769	2769		Said title is further amended by adding a new article to Chapter 12, relating to trusts, to read2465
2770	2770		as follows:2466
2771	2771		"ARTICLE 192467
2772	2772		53-12-510.2468
2773	2773		As used in this article, the term:2469
2774	2774		(1) 'Electronic' means relating to technology having electrical, digital, magnetic,2470
2775	2775		wireless, optical, electromagnetic, or similar capabilities.2471
2776	2776		(2) 'Electronic address' means a unique username or other identifier, commonly2472
2777	2777		expressed as a string of characters or numbers, at which information may be received by2473
2778	2778		electronic means and shall include, but shall not be limited to, an email or internet2474
2779	2779		address, and any other information system or portion thereof, designed for the exchange2475
2780	2780		of information among parties.2476
2781	2781		(3) 'Electronic portal' means a website or other similar electronic service through which2477
2782	2782		a person may retrieve information.2478
2783	2783		(4) 'Electronic record' means a record created, generated, sent, communicated, received,2479
2784	2784		or stored by electronic means.2480
2785	2785		(5) 'Electronic signature' means an electronic symbol or process attached to or logically2481
2786	2786		associated with a record and executed or adopted by a person with the intent to sign the2482
2787	2787		record.2483
2788		-	H. B. 327
2789		-	- 97 - 25 LC 48 1516S~~/AP~~
	2788	+	H. B. 327 (SUB)
	2789	+	- 97 - 25 LC 48 1516S
2790	2790		(6) 'Information' includes data, text, images, codes, computer programs, software, and2484
2791	2791		data bases.2485
2792	2792		(7) 'Record' means information:2486
2793	2793		(A) Inscribed on a tangible medium; or2487
2794	2794		(B) Stored in an electronic or other medium and retrievable in perceivable form.2488
2795	2795		(8) 'Security procedure' means a procedure applied to verify that an electronic signature,2489
2796	2796		record, or performance is that of a specific person or to detect a change or error in an2490
2797	2797		electronic record. Such term includes a procedure that uses an algorithm, code,2491
2798	2798		identifying word or number, encryption, or callback or other acknowledgment procedure.2492
2799	2799		(9) 'Sign' means, with present intent to authenticate or adopt a record:2493
2800	2800		(A) Execute or adopt a tangible symbol; or2494
2801	2801		(B) Attach to or logically associate with the record an electronic signature.2495
2802	2802		53-12-511.2496
2803	2803		(a) This Code section shall govern notice to a person or the sending of a record to a person2497
2804	2804		under this chapter, under the provisions of a trust instrument, or with respect to any matter2498
2805	2805		involving a trust. This Code section shall not govern whether notice or the sending of a2499
2806	2806		record complied with any duties relating to the privacy, confidentiality, or security of a2500
2807	2807		notice or record.2501
2808	2808		(b) Notice to a person or the sending of a record to a person shall be accomplished in a2502
2809	2809		manner that is likely to result in receipt of the notice or record and reasonably suitable2503
2810	2810		under the circumstances.2504
2811	2811		(c) Without limitation, the manner of notice to a person or the sending of a record to a2505
2812	2812		person shall be presumed likely to result in receipt of the notice or record, unless proven2506
2813	2813		otherwise by clear and convincing evidence, if accomplished by:2507
2814	2814		(1) Personal delivery;2508
2815		-	H. B. 327
2816		-	- 98 - 25 LC 48 1516S~~/AP~~
	2815	+	H. B. 327 (SUB)
	2816	+	- 98 - 25 LC 48 1516S
2817	2817		(2) Registered or certified mail or statutory overnight delivery to either the person's last2509
2818	2818		known place of residence or place of business or the address last used by the person to2510
2819	2819		receive notices or records;2511
2820	2820		(3) An electronic address the person has consented to use to receive notices or records;2512
2821	2821		or2513
2822	2822		(4)(A) An electronic portal if:2514
2823	2823		(i) The person has been granted access to an electronic portal and informed that2515
2824	2824		notices and records will be made available in the electronic portal;2516
2825	2825		(ii) The notice or record is made available in the electronic portal;2517
2826	2826		(iii) Concurrently with or subsequently to the notice or record being made available2518
2827	2827		in the electronic portal, the person is notified that one or more notices or records have2519
2828	2828		been made available in the electronic portal; and2520
2829	2829		(iv) For a period of at least 90 days after the date on which the person was notified2521
2830	2830		as provided in division (iii) of this subparagraph, the person's access to the electronic2522
2831	2831		portal is not terminated without his or her consent and the notice or record remains2523
2832	2832		available in the electronic portal.2524
2833	2833		(B) If the person objects to notices or the sending of records by means of an electronic2525
2834	2834		address or electronic portal, then notice or the sending of a record by such means shall2526
2835	2835		not be presumed likely to result in receipt of the notice or record.2527
2836	2836		(d) If a record was sent to a beneficiary solely by means of an electronic portal and the2528
2837	2837		existence of a claim would not have been adequately disclosed to the beneficiary for2529
2838	2838		purposes of Code Section 53-12-307 but for the sending of the record, the running of the2530
2839	2839		limitations period under Code Section 53-12-307 for such claim shall be tolled if the2531
2840	2840		beneficiary's access to the electronic portal is terminated without his or her consent or the2532
2841	2841		record is no longer available in the electronic portal; provided, however, that the period2533
2842	2842		shall not be tolled if, within 30 days after such event, the beneficiary is notified of an2534
2843	2843		alternative means by which to obtain the record. If the limitations period is tolled, the2535
2844		-	H. B. 327
2845		-	- 99 - 25 LC 48 1516S~~/AP~~
	2844	+	H. B. 327 (SUB)
	2845	+	- 99 - 25 LC 48 1516S
2846	2846		period shall recommence on the date on which the record is resent to the beneficiary,2536
2847	2847		whether by means of an electronic portal or otherwise.2537
2848	2848		(e)(1) For purposes of subsections (c) and (d) of this Code section:2538
2849	2849		(A) Without limitation, a person consents to the use of an electronic address to receive2539
2850	2850		notices and records from:2540
2851	2851		(i) Any person with respect to any matter involving a particular trust, by providing2541
2852	2852		the electronic address to any other person to be used to receive notices and records2542
2853	2853		with respect to any matters involving such trust, regardless of whether such other2543
2854	2854		person is the person providing notice or sending the record; and2544
2855	2855		(ii) A particular person with respect to any matter involving any trust, by providing2545
2856	2856		the electronic address to such person to receive such notices and records with respect2546
2857	2857		to any matters involving a trust, regardless of whether such trust is the trust to which2547
2858	2858		the notice or record relates; and2548
2859	2859		(B) The use of an electronic address by a person with respect to any matter involving2549
2860	2860		a trust shall constitute a provision of the electronic address with respect to the trust2550
2861	2861		under division (i) of subparagraph (A) of this paragraph and the use of an electronic2551
2862	2862		address to communicate with another person with respect to any matter involving a trust2552
2863	2863		shall constitute a provision of the electronic address to the other person under division2553
2864	2864		(ii) of subparagraph (A) of this paragraph.2554
2865	2865		(2) Requiring a person to take steps to activate his or her account in an electronic portal2555
2866	2866		or take other similar actions to establish access to an electronic portal shall not prevent2556
2867	2867		the person from having been granted access to the electronic portal.2557
2868	2868		(3) A notice or record shall not be considered to have been made available in an2558
2869	2869		electronic portal unless a person who has been granted access to the electronic portal can2559
2870	2870		download or otherwise preserve a copy of the notice or record outside of the electronic2560
2871	2871		portal.2561
2872		-	H. B. 327
2873		-	- 100 - 25 LC 48 1516S~~/AP~~
	2872	+	H. B. 327 (SUB)
	2873	+	- 100 - 25 LC 48 1516S
2874	2874		(4) If a notice or record is made available in an electronic portal but the notice required2562
2875	2875		by division (c)(4)(A)(iii) of this Code section is not provided to a person who has been2563
2876	2876		granted access to the electronic portal, such notice shall be deemed provided to such2564
2877	2877		person on the next date on which the person accesses the electronic portal.2565
2878	2878		(5) A person's access to an electronic portal shall not be considered to have been2566
2879	2879		terminated without his or her consent solely because such person is required to change2567
2880	2880		or reset his or her password or take other similar actions to preserve his or her access.2568
2881	2881		(f) With respect to whether notice or the sending of a record to a person was reasonably2569
2882	2882		suitable under the circumstances:2570
2883	2883		(1) For purposes of Code Section 53-12-307 providing for the limitation of actions, the2571
2884	2884		sending of a record to a person in a manner that is likely to result in receipt shall be2572
2885	2885		presumed to have been accomplished in a manner that was reasonably suitable under the2573
2886	2886		circumstances unless proven otherwise by clear and convincing evidence; and2574
2887	2887		(2) For all other purposes, whether notice or the sending of a record to a person was2575
2888	2888		accomplished in a manner reasonably suitable under the circumstances shall be2576
2889	2889		determined, without limitation, in the context of the subject matter of the notice or record,2577
2890	2890		the length of any time period imposed with respect to notice or sending of the record, the2578
2891	2891		circumstances of the person, the sender's knowledge of those circumstances, and when2579
2892	2892		actual receipt, if any, occurred.2580
2893	2893		(g) Notice to a person or the sending of a record to a person shall be deemed:2581
2894	2894		(1) To have been accomplished on the date such person has actual knowledge of the2582
2895	2895		contents of the notice or record; and2583
2896	2896		(2) Not to have been accomplished if the person providing notice or sending a record has2584
2897	2897		actual knowledge the person did not receive the notice or record.2585
2898	2898		(h) Notice or the sending of a record to a person otherwise required under this chapter or2586
2899	2899		the trust instrument:2587
2900		-	H. B. 327
2901		-	- 101 - 25 LC 48 1516S~~/AP~~
	2900	+	H. B. 327 (SUB)
	2901	+	- 101 - 25 LC 48 1516S
2902	2902		(1) Need not be provided to a person whose identity or location is unknown to and not2588
2903	2903		reasonably ascertainable by the trustee, trust director, or other person required to provide2589
2904	2904		the notice or send the record; and2590
2905	2905		(2) May be waived by the person to be notified or sent the record.2591
2906	2906		(i) An action by a trustee, trust director, or other person authorized under this chapter or2592
2907	2907		a trust instrument to act with respect to any matter involving a trust shall not be ineffective2593
2908	2908		because of a failure to provide notice required under this chapter or the trust instrument if2594
2909	2909		such person acted with reasonable care to comply with this Code section.2595
2910	2910		(j) Notice of a judicial proceeding shall be provided as required by the applicable rules of2596
2911	2911		civil procedure.2597
2912	2912		(k) This Code section shall be construed and applied to be consistent with reasonable2598
2913	2913		practices concerning the use of electronic addresses and electronic portals to provide notice2599
2914	2914		and send records for matters involving trusts and the continued expansion of those2600
2915	2915		practices.2601
2916	2916		53-12-512.2602
2917	2917		(a) This Code section shall apply to all records and signatures relating to trusts, except a2603
2918	2918		writing and signature creating or declaring an express trust under Code Section 53-12-20,2604
2919	2919		including, but not limited to:2605
2920	2920		(1) Exercises, delegations, determinations, releases, waivers, renunciations, disclaimers,2606
2921	2921		and all other actions related to powers and rights granted under this chapter or a trust2607
2922	2922		instrument;2608
2923	2923		(2) Notices and records required to be provided or sent by this chapter or the provisions2609
2924	2924		of a trust instrument, including, but not limited to, notices under Code Section 53-12-242,2610
2925	2925		reports and accounts under Code Section 53-12-243, and accountings under Article 122611
2926	2926		of this chapter;2612
2927		-	H. B. 327
2928		-	- 102 - 25 LC 48 1516S~~/AP~~
	2927	+	H. B. 327 (SUB)
	2928	+	- 102 - 25 LC 48 1516S
2929	2929		(3) Binding nonjudicial settlement agreements under Code Section 53-12-9 or other2613
2930	2930		applicable law, including agreements that modify a trust instrument;2614
2931	2931		(4) Notices of a trustee's decision to exercise the power to distribute income or principal2615
2932	2932		of a trust under Code Section 53-12-62 or other applicable law;2616
2933	2933		(5) Consents to actions by and the release from liability of a trustee or trust director;2617
2934	2934		(6) Reports described in Code Section 53-12-307; and2618
2935	2935		(7) Certifications of a trust under Code Section 53-12-280.2619
2936	2936		(b) This Code section shall be construed and applied to facilitate electronic records and2620
2937	2937		electronic signatures consistent with other law and to be consistent with reasonable2621
2938	2938		practices concerning electronic records and electronic signatures and continued expansion2622
2939	2939		of those practices.2623
2940	2940		(c) This Code section shall not invalidate an electronic record or electronic signature that2624
2941	2941		is valid under other applicable law.2625
2942	2942		(d)(1) A record or signature shall not be denied legal effect or enforceability solely2626
2943	2943		because it is in electronic form.2627
2944	2944		(2) If other laws of this state or a trust instrument require a record to be in writing, an2628
2945	2945		electronic record satisfies the requirement.2629
2946	2946		(3) If other laws of this state or a trust instrument require a signature to be in writing, an2630
2947	2947		electronic signature satisfies the requirement.2631
2948	2948		(e)(1) An electronic record or electronic signature is attributable to a person if it was the2632
2949	2949		act of the person. The act of the person may be shown in any manner, including, but not2633
2950	2950		limited to, showing the efficacy of a security procedure applied to determine the person2634
2951	2951		to which the electronic record or electronic signature was attributable.2635
2952	2952		(2) The effect of attribution to a person under paragraph (1) of this subsection of a record2636
2953	2953		or signature shall be determined from the context and surrounding circumstances at the2637
2954	2954		time of its creation, execution, or adoption and as provided by other law.2638
2955		-	H. B. 327
2956		-	- 103 - 25 LC 48 1516S~~/AP~~
	2955	+	H. B. 327 (SUB)
	2956	+	- 103 - 25 LC 48 1516S
2957	2957		(f) If other laws of this state or a trust instrument require a record or signature to be2639
2958	2958		acknowledged or notarized, the requirement shall be satisfied if the signature of the2640
2959	2959		individual performing the acknowledgement or notarization, together with all other2641
2960	2960		information required to be included under other laws of this state or the trust instrument,2642
2961	2961		is attached to or logically associated with the electronic record or electronic signature.2643
2962	2962		(g) A person may create a certified paper copy of an electronic record by affirming under2644
2963	2963		penalty of perjury that the paper copy is a complete and accurate copy of the record.2645
2964	2964		(h) If other laws of this state or a trust instrument require a record to be retained,2646
2965	2965		transmitted, copied, or filed:2647
2966	2966		(1) The requirement shall be satisfied by retaining, transmitting, copying, or filing an2648
2967	2967		electronic record that:2649
2968	2968		(A) Accurately reflects the information in the record after it was first generated in final2650
2969	2969		form as an electronic record or as a certified paper copy under this Code section; and2651
2970	2970		(B) Remains accessible to the extent required by the other laws of this state or a trust2652
2971	2971		instrument;2653
2972	2972		(2) The requirement to retain a record shall not apply to information the sole purpose of2654
2973	2973		which is to enable the record to be sent, communicated, or received;2655
2974	2974		(3) A person may satisfy paragraph (1) of this subsection by using the services of another2656
2975	2975		person;2657
2976	2976		(4) A requirement that a record be presented or retained in its original form shall be2658
2977	2977		satisfied by an electronic record retained in accordance with this subsection; and2659
2978	2978		(5) This subsection shall not preclude a governmental agency from specifying2660
2979	2979		requirements for the retention of a record subject to the agency's jurisdiction in addition2661
2980	2980		to those in this subsection.2662
2981	2981		(i) Evidence relating to a record or a signature may not be excluded in a judicial2663
2982	2982		proceeding solely because it is in electronic form.2664
2983		-	H. B. 327
2984		-	- 104 - 25 LC 48 1516S~~/AP~~
	2983	+	H. B. 327 (SUB)
	2984	+	- 104 - 25 LC 48 1516S
2985	2985		53-12-513.2665
2986	2986		The provisions of this chapter conform to the requirements of Section 102 of the Electronic2666
2987	2987		Signatures in Global and National Commerce Act, 15 U.S.C. Section 7002, and supersede,2667
2988	2988		modify, and limit the requirements of such act."2668
2989	2989		SECTION 97.2669
2990	2990		All laws and parts of laws in conflict with this Act are repealed.2670
2991		-	H. B. 327
	2991	+	H. B. 327 (SUB)
2992	2992		- 105 -