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 <ins>'qualified</ins> beneficiary' <del>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
</del>
<del>may be determined by reasonable diligence</del> <ins>shall have the same meaning as set forth in
Code Section 53-12-2.
</ins> (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 <ins>qualified</ins> beneficiaries by certified or registered
mail or statutory overnight delivery, <del>with</del> return receipt requested, to his or her last known
address a notice informing such <ins>qualified</ins> beneficiaries of the issuance of such letters to the
personal representative and providing the name, mailing address, and telephone number
of such personal representative. <del>Provided</del> <ins>; provided,</ins> however, that notice shall not be
required to any <ins>qualified</ins> 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 <ins>qualified</ins> 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 <ins>qualified</ins> 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 <ins>qualified
</ins> 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.