Georgia CommonsSB 608: Administration of Estates; summary administration of certain estates; provide
Introduced version, the latest LegiScan holds · Last action March 3, 2026 · Introduced
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Senate Bill 608
By: Senators Goodman of the 8th, Watson of the 11th, Gooch of the 51st, Lucas of the 26th and Bearden of the 30th
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 7 of Title 53 of the Official Code of Georgia Annotated, relating to administration of estates generally, so as to provide for the summary administration of certain estates; to provide for manner of summary administration; to provide for petitions for summary administration and their contents and filing; to provide for the distribution of estate assets under certain circumstances; to provide for the rights of creditors in summary administration; to provide for certain claims; to provide for a short title; to provide an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 7 of Title 53 of the Official Code of Georgia Annotated, relating to administration of estates generally, is amended by adding a new article to read as follows: "ARTICLE 7
53-7-100.
This article shall be known and may be cited as the 'Summary Administration Act of 2026.'
53-7-101.
(a) An estate may be administered in the same manner as the administration of any other estate as provided in this chapter, or it may be administered as provided in this article if the criteria set forth in subsection (b) of this Code section are satisfied.
(b) Summary administration shall be available to administer a decedent's estate, regardless of whether the decedent was domiciled in this state, when it appears that:
(1) In a testate estate, the decedent's will does not direct administration as required by another provision of this chapter; and
(2) Either the value of the entire estate subject to administration in this state, less the value of property exempt from the claims of creditors, does not exceed $75,000.00, or more than two years have passed since the decedent's death.
(c) In the case of a nondomiciled decedent, venue for filing the petition required by Code Section 53-7-102 shall lie in any county where the decedent's real or personal property is situated.
(d) A petition for summary administration may be filed at any stage of the administration of an estate if it appears that, at the time of filing, the estate would qualify for summary administration as set forth in this Code section.
(e) Nothing in this article shall be deemed to amend, alter, or otherwise revise the requirements of Code Section 15-9-122.
53-7-102.
(a) Except as expressly provided in this title, any person with an interest in an estate may seek summary administration of an estate that meets the criteria set forth in Code Section 53-7-101 by filing a verified petition for summary administration in a court of competent jurisdiction.
(b) In the event that any beneficiary does not join the petition for summary administration, the person filing the petition shall serve such beneficiary with notice in the same manner as provided under Chapter 11 of this title.
(c) In the event that a trust is a beneficiary of the estate of the decedent, the petition for summary administration shall be signed either by each trustee of the trust who is then serving or by every beneficiary of the trust. If the petition for summary administration is not signed by all relevant trustees or all living trust beneficiaries who are legally competent to do so, the person filing the petition shall serve each nonjoining trustee or beneficiary of such trust with notice in the same manner as provided under Chapter 11 of this title.
53-7-103.
(a) Upon the filing of a petition for summary administration, the will, if any, shall be proved in accordance with Chapter 5 of this title.
(b) Prior to the entry of an order of summary administration, if the decedent died less than two years prior to the filing of the petition, the petitioner shall file an affidavit with the court describing the diligent search and reasonable inquiry made for any known or reasonably ascertainable creditors, serve a copy of the petition on those creditors as provided in Code Section 53-7-41, and make provision for payment for those creditors to the extent that assets are available. Any known or reasonably ascertainable creditor who did not receive notice and for whom provision of payment was not made may enforce the claim and, if the creditor prevails, shall be awarded reasonable attorney's fees as an element of costs against those who joined in the petition.
(c) Not more than four years after entry of an order of summary administration, any known or reasonably ascertainable heir or devisee of the decedent who was lawfully entitled to share in the estate but who was not included in the petition or order of summary administration and distribution may enforce all rights in appropriate proceedings against any person who procured the order of summary administration and, if successful, shall be awarded reasonable attorney's fees as an element of cost.
(d) If the conditions provided in this article have been satisfied, the court may enter an order of summary administration allowing immediate distribution of the assets to persons entitled to them.
(e) Upon entry of an order of summary administration:
(1) Persons entitled to receive specified parts of the decedent's estate, including exempt property, shall have the right to collect and have such property transferred to them, including by right of action, if necessary.
(2) Debtors of the decedent, those holding property of the decedent, and those with whom securities or other property of the decedent are registered shall comply with the order of summary administration by paying, delivering, or transferring assets or property specified in the order to the person or persons identified in the order of summary administration as being entitled to the subject property, and such payment, transfer, or delivery shall be a defense to any action for recovery by any other person claiming an interest in the assets or property.
(3) Bona fide purchasers of value from those to whom property of the decedent may be assigned by the order shall take the property free of all claims of creditors of the decedent and all rights of the surviving spouse and other beneficiaries.
53-7-104.
If a petition for summary administration is filed within two years from the date of death of the decedent:
(1) Any time before the entry of an order of summary administration, a creditor who is entitled to property or assets of the estate may file a notice of a claim in any proceeding where a petition for summary administration is filed. In addition to any other recognized grounds, a creditor who timely files a notice of claim under this paragraph may move to intervene in the proceeding;
(2) Within 20 days of the entry of the order of summary administration, the petitioner or petitioners may publish the fact that an order of summary administration has been entered, the total value of the estate, and the name or names and address or addresses of the petitioner or petitioners in the same manner as provided in subsection (b) of Code Section 53-7-41;
(3) If the petitioner or petitioners publish the order of summary administration as provided in paragraph (2) of this Code section, and file a proof of publication with the court, all claims and demands of creditors against the estate of the decedent who did not file a motion to intervene as provided in paragraph (1) of this Code section, and are not known or are not reasonably ascertainable to the petitioner or petitioners, will be barred if notice of a claim against the estate is not filed with the court within three months after the filing of the publication;
(4) If the petitioner's or petitioners' notice of publication is not timely filed as provided in this Code section, and property of the decedent is not otherwise exempt from claims of creditors, any person who receives property or assets pursuant to the order of summary administration may be liable for the creditors' claims against the decedent subject to any applicable statute of limitations; and
(5) In any claim against the decedent's estate, the beneficiary of the decedent's property identified in the order of summary administration shall be personally liable for a pro rata share of all lawful and timely claims against the estate of the decedent; provided, however, that no beneficiary shall be liable for property or assets that are exempt from claims of creditors under law, and no beneficiary shall be liable to any creditor of the estate in an amount in excess of the value of the property or assets of the estate the beneficiary actually received pursuant to the order of summary administration."
SECTION 2.
This Act shall become effective on July 1, 2026.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.