| 1 | 1 | | 25 LC 48 1473 |
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| 2 | 2 | | House Bill 450 |
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| 3 | 3 | | By: Representative Stephens of the 164 |
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| 4 | 4 | | th |
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| 5 | 5 | | |
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| 6 | 6 | | A BILL TO BE ENTITLED |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | To amend Article 1 of Chapter 5 of Title 53 of the Official Code of Georgia Annotated, |
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| 9 | 9 | | 1 |
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| 10 | 10 | | relating to general provisions regarding probate, so as to provide for the definition of2 |
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| 11 | 11 | | "qualified beneficiary"; to provide for related matters; to repeal conflicting laws; and for3 |
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| 12 | 12 | | other purposes.4 |
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| 13 | 13 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5 |
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| 14 | 14 | | SECTION 1.6 |
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| 15 | 15 | | Article 1 of Chapter 5 of Title 53 of the Official Code of Georgia Annotated, relating to7 |
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| 16 | 16 | | general provisions regarding probate, is amended by revising Code Section 53-5-8, relating8 |
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| 17 | 17 | | to notice to beneficiary provided by personal representative and representation for9 |
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| 18 | 18 | | beneficiaries, as follows:10 |
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| 19 | 19 | | "53-5-8.11 |
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| 20 | 20 | | (a) As used in this Code section, the term 'qualified |
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| 21 | 21 | | beneficiary' means a person, including12 |
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| 22 | 22 | | a trust, that is designated in a will to take an interest in real or personal property; that has13 |
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| 23 | 23 | | a present interest, including, but not limited to, a vested remainder interest, but not14 |
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| 24 | 24 | | including a trust beneficiary where there is a trustee who is not also the personal15 |
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| 25 | 25 | | representative required to give notice; and whose identity and whereabouts are known or16 |
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| 26 | 26 | | H. B. 450 |
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| 27 | 27 | | - 1 - 25 LC 48 1473 |
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| 28 | 28 | | may be determined by reasonable diligence shall have the same meaning as set forth in17 |
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| 29 | 29 | | Code Section 53-12-2.18 |
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| 30 | 30 | | (b) Within 30 days following the issuance of letters testamentary or letters of19 |
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| 31 | 31 | | administration with the will annexed to the personal representative of a testate estate, such20 |
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| 32 | 32 | | personal representative shall send to all qualified beneficiaries by certified or registered21 |
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| 33 | 33 | | mail or statutory overnight delivery, with return receipt requested, to his or her last known22 |
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| 34 | 34 | | address a notice informing such qualified beneficiaries of the issuance of such letters to the23 |
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| 35 | 35 | | personal representative and providing the name, mailing address, and telephone number24 |
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| 36 | 36 | | of such personal representative. Provided ; provided, however, that notice shall not be25 |
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| 37 | 37 | | required to any qualified beneficiary who has waived such right to notification in writing. 26 |
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| 38 | 38 | | Within 60 days following the issuance of such letters, such personal representative shall27 |
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| 39 | 39 | | file with the probate court true and correct copies of such waivers and notices, the return28 |
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| 40 | 40 | | receipts for each, and, with respect to any such qualified beneficiary whose identity and29 |
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| 41 | 41 | | whereabouts are unknown, an affidavit of diligent search attesting under oath to the efforts30 |
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| 42 | 42 | | of such personal representative to identify and locate such qualified beneficiary.31 |
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| 43 | 43 | | (c) A personal representative who, without sufficient cause, either fails to provide accurate32 |
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| 44 | 44 | | information regarding such personal representative's name, mailing address, and telephone33 |
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| 45 | 45 | | number within five business days of a request for such information by a qualified34 |
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| 46 | 46 | | beneficiary or by the probate court or otherwise fails to comply with the requirements of35 |
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| 47 | 47 | | subsection (b) of this Code section, may be cited to appear and show cause as to why the36 |
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| 48 | 48 | | personal representative's letters should not be revoked in the same manner as pursuant to37 |
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| 49 | 49 | | Code Section 53-6-53.38 |
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| 50 | 50 | | (d) For purposes of this Code section, a trust beneficiary may be represented as provided39 |
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| 51 | 51 | | in paragraph (3) of subsection (b) of Code Section 53-7-50."40 |
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| 52 | 52 | | SECTION 2.41 |
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| 53 | 53 | | All laws and parts of laws in conflict with this Act are repealed.42 |
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| 54 | 54 | | H. B. 450 |
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| 55 | 55 | | - 2 - |
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