HB 450: Wills, trusts, and administration of estates; qualified beneficiary; provide for definition

Under current Georgia probate law (O.C.G.A. § 53-5-8), a personal representative handling someone's estate must notify 'beneficiaries' who have a present interest in the estate, using a definition written directly into that probate code section. House Bill 450 removes that standalone definition and instead says the term (renamed 'qualified beneficiary') has the same meaning already used in Georgia's trust code (O.C.G.A. § 53-12-2). The bill also updates related references throughout the notice process: the personal representative must still notify qualified beneficiaries within 30 days of receiving letters testamentary or administration, still must document waivers and file affidavits of diligent search for beneficiaries who cannot be located, and can still be cited to show cause if they fail to comply. The changes are technical, renaming and re-sourcing the definition rather than altering the deadlines or procedures themselves.

• Replaces the probate code's own definition of 'beneficiary' with a cross-reference to the definition of 'qualified beneficiary' already used in Georgia's trust code (O.C.G.A. § 53-12-2).
• Renames the term used throughout O.C.G.A. § 53-5-8 from 'beneficiary' to 'qualified beneficiary' for consistency with the trust code.
• Keeps the existing 30-day notice requirement for personal representatives to notify qualified beneficiaries after receiving letters testamentary or administration.
• Keeps the existing rule allowing a personal representative to be cited to show cause for failing to provide required information or comply with notice requirements.

The change affects personal representatives (executors and administrators) of Georgia estates, who must send notice to beneficiaries, and the beneficiaries themselves, whose legal status for notice purposes will now depend on the trust code's definition rather than a standalone probate definition. Probate courts and estate attorneys who apply this section are also affected.

Because who counts as a 'qualified beneficiary' determines who must legally receive notice about an estate, tying the term to the trust code's existing definition could change which people or trusts are entitled to notice, affecting how estates are administered and who can act or object during probate.

• Section 1 revises O.C.G.A. § 53-5-8(a), striking the old definition of 'beneficiary' and inserting language making 'qualified beneficiary' mean whatever is defined in O.C.G.A. § 53-12-2.
• Section 1 updates subsection (b) to replace 'beneficiaries' with 'qualified beneficiaries' throughout the notice, waiver, and affidavit-of-diligent-search provisions.
• Section 1 updates subsection (c) to apply the show-cause procedure for noncompliance to 'qualified beneficiaries' rather than 'beneficiaries.'
• Section 2 repeals any conflicting laws, a standard closing provision with no substantive effect on its own.

1. 2025-02-19House Second Readers (House)
2. 2025-02-18House First Readers (House)
3. 2025-02-13House Hopper (House)

• Ron Stephens (R, HD-164)Primary sponsor

• wills and estates
• probate law
• trusts
• beneficiary rights