SB608: SB608 Administration of Estates; summary administration of certain estates; provide

26 LC 28 0749 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 to1 administration of estates generally, so as to provide for the summary administration of certain2 estates; to provide for manner of summary administration; to pr ovide for petitions for3 summary administration and their contents and filing; to provide for the distribution of estate4 assets under certain circumstances; to provide for the rights o f creditors in summary5 administration; to provide for certain claims; to provide for a short title; to provide an6 effective date; to provide for related matters; to repeal confl icting laws; and for other7 purposes.8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9 SECTION 1.10 Chapter 7 of Title 53 of the Official Code of Georgia Annotated, relating to administration11 of estates generally, is amended by adding a new article to read as follows:12 S. B. 608 - 1 - 26 LC 28 0749 "ARTICLE 713 53-7-100.14 This article shall be known and may be cited as the 'Summary Administration Act of 2026.'15 53-7-101.16 (a) An estate may be administered in the same manner as the administration of any other17 estate as provided in this chapter, or it may be administered as provided in this article if the18 criteria set forth in subsection (b) of this Code section are satisfied.19 (b) Summary administration shall be available to administer a decedent's estate, regardless20 of whether the decedent was domiciled in this state, when it appears that:21 (1) In a testate estate, the decedent's will does not direct a dministration as required by22 another provision of this chapter; and23 (2) Either the value of the entire estate subject to administr ation in this state, less the24 value of property exempt from the claims of creditors, does not exceed $75,000.00, or25 more than two years have passed since the decedent's death.26 (c) In the case of a nondomiciled decedent, venue for filing the petition required by Code27 Section 53-7-102 shall lie in any county where the decedent's real or personal property is28 situated.29 (d) A petition for summary administration may be filed at any stage of the administration30 of an estate if it appears that, at the time of filing, the est ate would qualify for summary31 administration as set forth in this Code section.32 (e) Nothing in this article shall be deemed to amend, alter, o r otherwise revise the33 requirements of Code Section 15-9-122.34 S. B. 608 - 2 - 26 LC 28 0749 53-7-102.35 (a) Except as expressly provided in this title, any person with an interest in an estate may36 seek summary administration of an estate that meets the criteria set forth in Code Section37 53-7-101 by filing a verified petition for summary administration in a court of competent38 jurisdiction.39 (b) In the event that any beneficiary does not join the petition for summary administration,40 the person filing the petition shall serve such beneficiary with notice in the same manner41 as provided under Chapter 11 of this title.42 (c) In the event that a trust is a beneficiary of the estate o f the decedent, the petition for43 summary administration shall be signed either by each trustee o f the trust who is then44 serving or by every beneficiary of the trust. If the petition for summary administration is45 not signed by all relevant trustees or all living trust beneficiaries who are legally competent46 to do so, the person filing the petition shall serve each nonjoining trustee or beneficiary of47 such trust with notice in the same manner as provided under Chapter 11 of this title.48 53-7-103.49 (a) Upon the filing of a petition for summary administration, the will, if any, shall be50 proved in accordance with Chapter 5 of this title.51 (b) Prior to the entry of an order of summary administration, if the decedent died less than52 two years prior to the filing of the petition, the petitioner s hall file an affidavit with the53 court describing the diligent search and reasonable inquiry mad e for any known or54 reasonably ascertainable creditors, serve a copy of the petitio n on those creditors as55 provided in Code Section 53-7-41, and make provision for payment for those creditors to56 the extent that assets are available. Any known or reasonably ascertainable creditor who57 did not receive notice and for whom provision of payment was not made may enforce the58 claim and, if the creditor prevails, shall be awarded reasonable attorney's fees as an element59 of costs against those who joined in the petition.60 S. B. 608 - 3 - 26 LC 28 0749 (c) Not more than four years after entry of an order of summary administration, any known61 or reasonably ascertainable heir or devisee of the decedent who was lawfully entitled to62 share in the estate but who was not included in the petition or order of summary63 administration and distribution may enforce all rights in appropriate proceedings against64 any person who procured the order of summary administration and, if successful, shall be65 awarded reasonable attorney's fees as an element of cost.66 (d) If the conditions provided in this article have been satis fied, the court may enter an67 order of summary administration allowing immediate distribution of the assets to persons68 entitled to them.69 (e) Upon entry of an order of summary administration:70 (1) Persons entitled to receive specified parts of the decedent's estate, including exempt71 property, shall have the right to collect and have such propert y transferred to them,72 including by right of action, if necessary.73 (2) Debtors of the decedent, those holding property of the dec edent, and those with74 whom securities or other property of the decedent are registere d shall comply with the75 order of summary administration by paying, delivering, or transferring assets or property76 specified in the order to the person or persons identified in t he order of summary77 administration as being entitled to the subject property, and s uch payment, transfer, or78 delivery shall be a defense to any action for recovery by any o ther person claiming an79 interest in the assets or property.80 (3) Bona fide purchasers of value from those to whom property of the decedent may be81 assigned by the order shall take the property free of all claims of creditors of the decedent82 and all rights of the surviving spouse and other beneficiaries.83 53-7-104.84 If a petition for summary administration is filed within two years from the date of death of85 the decedent:86 S. B. 608 - 4 - 26 LC 28 0749 (1) Any time before the entry of an order of summary administration, a creditor who is87 entitled to property or assets of the estate may file a notice of a claim in any proceeding88 where a petition for summary administration is filed. In addition to any other recognized89 grounds, a creditor who timely files a notice of claim under this paragraph may move to90 intervene in the proceeding;91 (2) Within 20 days of the entry of the order of summary administration, the petitioner or92 petitioners may publish the fact that an order of summary admin istration has been93 entered, the total value of the estate, and the name or names and address or addresses of94 the petitioner or petitioners in the same manner as provided in subsection (b) of Code95 Section 53-7-41;96 (3) If the petitioner or petitioners publish the order of summ ary administration as97 provided in paragraph (2) of this Code section, and file a proo f of publication with the98 court, all claims and demands of creditors against the estate of the decedent who did not99 file a motion to intervene as provided in paragraph (1) of this Code section, and are not100 known or are not reasonably ascertainable to the petitioner or petitioners, will be barred101 if notice of a claim against the estate is not filed with the court within three months after102 the filing of the publication;103 (4) If the petitioner's or petitioners' notice of publication is not timely filed as provided104 in this Code section, and property of the decedent is not otherwise exempt from claims105 of creditors, any person who receives property or assets pursuant to the order of summary106 administration may be liable for the creditors' claims against the decedent subject to any107 applicable statute of limitations; and108 (5) In any claim against the decedent's estate, the beneficiary of the decedent's property109 identified in the order of summary administration shall be personally liable for a pro rata110 share of all lawful and timely claims against the estate of the decedent; provided,111 however, that no beneficiary shall be liable for property or as sets that are exempt from112 claims of creditors under law, and no beneficiary shall be liab le to any creditor of the113 S. B. 608 - 5 - 26 LC 28 0749 estate in an amount in excess of the value of the property or a ssets of the estate the114 beneficiary actually received pursuant to the order of summary administration."115 SECTION 2.116 This Act shall become effective on July 1, 2026.117 SECTION 3.118 All laws and parts of laws in conflict with this Act are repealed.119 S. B. 608 - 6 -