---
title: HB 450. Wills, trusts, and administration of estates; qualified beneficiary; provide for definition
collection: bills
id: 2025-2026/hb450
cite_as: HB 450, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb450
md_url: https://georgiacommons.org/bills/2025-2026/hb450.md
text_url: https://georgiacommons.org/bills/2025-2026/hb450/text
source_url: https://www.legis.ga.gov/legislation/70322
date: 2025-02-19
status: introduced
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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omitted: votes and history
omitted_chars: 129
omitted_url: https://georgiacommons.org/bills/2025-2026/hb450.md?full=1
bill_number: HB 450
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2025-02-13
last_action: House Second Readers
sponsors:
- Ron Stephens
text_version: Introduced
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB450/2025
upstream_id: 1970373
summaries_model: claude-sonnet-5
topic_tags:
- wills and estates
- probate law
- trusts
- beneficiary rights
---
# HB 450. Wills, trusts, and administration of estates; qualified beneficiary; provide for definition
## Text
House Bill 450
By: Representative Stephens of the 164th
A BILL TO BE ENTITLED
AN ACT
To amend Article 1 of Chapter 5 of Title 53 of the Official Code of Georgia Annotated,
relating to general provisions regarding probate, so as to provide for the definition of
"qualified beneficiary"; to provide for related matters; to repeal conflicting laws; and for
other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 1 of Chapter 5 of Title 53 of the Official Code of Georgia Annotated, relating to
general provisions regarding probate, is amended by revising Code Section 53-5-8, relating
to notice to beneficiary provided by personal representative and representation for
beneficiaries, as follows:
"53-5-8.
(a) As used in this Code section, the term 'qualified beneficiary' means a person, including
a trust, that is designated in a will to take an interest in real or personal property; that has
a present interest, including, but not limited to, a vested remainder interest, but not
including a trust beneficiary where there is a trustee who is not also the personal
representative required to give notice; and whose identity and whereabouts are known or
may be determined by reasonable diligence shall have the same meaning as set forth in
Code Section 53-12-2.
(b) Within 30 days following the issuance of letters testamentary or letters of
administration with the will annexed to the personal representative of a testate estate, such
personal representative shall send to all qualified beneficiaries by certified or registered
mail or statutory overnight delivery, with return receipt requested, to his or her last known
address a notice informing such qualified beneficiaries of the issuance of such letters to the
personal representative and providing the name, mailing address, and telephone number
of such personal representative. Provided ; provided, however, that notice shall not be
required to any qualified beneficiary who has waived such right to notification in writing.
Within 60 days following the issuance of such letters, such personal representative shall
file with the probate court true and correct copies of such waivers and notices, the return
receipts for each, and, with respect to any such qualified beneficiary whose identity and
whereabouts are unknown, an affidavit of diligent search attesting under oath to the efforts
of such personal representative to identify and locate such qualified beneficiary.
(c) A personal representative who, without sufficient cause, either fails to provide accurate
information regarding such personal representative's name, mailing address, and telephone
number within five business days of a request for such information by a qualified
beneficiary or by the probate court or otherwise fails to comply with the requirements of
subsection (b) of this Code section, may be cited to appear and show cause as to why the
personal representative's letters should not be revoked in the same manner as pursuant to
Code Section 53-6-53.
(d) For purposes of this Code section, a trust beneficiary may be represented as provided
in paragraph (3) of subsection (b) of Code Section 53-7-50."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
## Summaries written by Georgia Commons
The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.
House Bill 450 would change how Georgia probate law defines a 'qualified beneficiary,' pointing instead to the definition already used in Georgia's trust code, affecting who must be notified when an estate is opened.
### Plain-language summary
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.
### What it does
- 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.
### Who it affects
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.
### Why it matters
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.
### Key provisions
- 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.
## Status
- Status: Introduced (2025-02-13)
- Last action: House Second Readers (2025-02-19)
- Sponsors: Ron Stephens
- Official page: https://www.legis.ga.gov/legislation/70322
> The history, votes, and amendments (129 characters) are at https://georgiacommons.org/bills/2025-2026/hb450.md?full=1