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