---
title: O.C.G.A. § 53-12-511. Method of providing notice.
collection: code
id: 53-12-511
cite_as: O.C.G.A. § 53-12-511 (2025)
canonical_url: https://georgiacommons.org/code/53-12-511
md_url: https://georgiacommons.org/code/53-12-511.md
text_url: https://georgiacommons.org/code/53-12-511/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t52-t53-(v40)-pdf.pdf?sfvrsn=5e4f6f40_0#page=136
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/53-12.md
previous: https://georgiacommons.org/code/53-12-510.md
next: https://georgiacommons.org/code/53-12-512.md
index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES / TRUSTS / UTILIZATION OF ELECTRONIC COMMUNICATIONS
---

# O.C.G.A. § 53-12-511. Method of providing notice.

(a) This Code section shall govern notice to a person or the sending of a record to a person under this chapter, under the provisions of a trust instrument, or with respect to any matter involving a trust. This Code section shall not govern whether notice or the sending of a record complied with any duties relating to the privacy, confidentiality, or security of a notice or record.

(b) Notice to a person or the sending of a record to a person shall be accomplished in a manner that is likely to result in receipt of the notice or record and reasonably suitable under the circumstances.

(c) Without limitation, the manner of notice to a person or the sending of a record to a person shall be presumed likely to result in receipt of the notice or record, unless proven otherwise by clear and convincing evidence, if accomplished by:

(1) Personal delivery;

(2) Registered or certified mail or statutory overnight delivery to either the person’s last known place of residence or place of business or the address last used by the person to receive notices or records;

(3) An electronic address the person has consented to use to receive notices or records; or

(4)(A) An electronic portal if:

(i) The person has been granted access to an electronic portal and informed that notices and records will be made available in the electronic portal;

(ii) The notice or record is made available in the electronic portal;

(iii) Concurrently with or subsequently to the notice or record being made available in the electronic portal, the person is notified that one or more notices or records have been made available in the electronic portal; and

(iv) For a period of at least 90 days after the date on which the person was notified as provided in division (iii) of this subparagraph, the person’s access to the electronic portal is not terminated without his or her consent and the notice or record remains available in the electronic portal.

(B) If the person objects to notices or the sending of records by means of an electronic address or electronic portal, then notice or the sending of a record by such means shall not be presumed likely to result in receipt of the notice or record.

(d) If a record was sent to a beneficiary solely by means of an electronic portal and the existence of a claim would not have been adequately disclosed to the beneficiary for purposes of Code Section 53-12-307 but for the sending of the record, the running of the limitations period under Code Section 53-12-307 for such claim shall be tolled if the beneficiary’s access to the electronic portal is terminated without his or her consent or the record is no longer available in the electronic portal; provided, however, that the period shall not be tolled if, within 30 days after such event, the beneficiary is notified of an alternative means by which to obtain the record. If the limitations period is tolled, the period shall recommence on the date on which the record is resent to the beneficiary, whether by means of an electronic portal or otherwise.

(e)(1) For purposes of subsections (c) and (d) of this Code section:

(A) Without limitation, a person consents to the use of an electronic address to receive notices and records from:

(i) Any person with respect to any matter involving a particular trust, by providing the electronic address to any other person to be used to receive notices and records with respect to any matters involving such trust, regardless of whether such other person is the person providing notice or sending the record; and

(ii) A particular person with respect to any matter involving any trust, by providing the electronic address to such person to receive such notices and records with respect to any matters involving a trust, regardless of whether such trust is the trust to which the notice or record relates; and

(B) The use of an electronic address by a person with respect to any matter involving a trust shall constitute a provision of the electronic address with respect to the trust under division (i) of subparagraph (A) of this paragraph and the use of an electronic address to communicate with another person with respect to any matter involving a trust shall constitute a provision of the electronic address to the other person under division (ii) of subparagraph (A) of this paragraph.

(2) Requiring a person to take steps to activate his or her account in an electronic portal or take other similar actions to establish access to an electronic portal shall not prevent the person from having been granted access to the electronic portal.

(3) A notice or record shall not be considered to have been made available in an electronic portal unless a person who has been granted access to the electronic portal can download or otherwise preserve a copy of the notice or record outside of the electronic portal.

(4) If a notice or record is made available in an electronic portal but the notice required by division (c)(4)(A)(iii) of this Code section is not provided to a person who has been granted access to the electronic portal, such notice shall be deemed provided to such person on the next date on which the person accesses the electronic portal.

(5) A person’s access to an electronic portal shall not be considered to have been terminated without his or her consent solely because such person is required to change or reset his or her password or take other similar actions to preserve his or her access.

(f) With respect to whether notice or the sending of a record to a person was reasonably suitable under the circumstances:

(1) For purposes of Code Section 53-12-307 providing for the limitation of actions, the sending of a record to a person in a manner that is likely to result in receipt shall be presumed to have been accomplished in a manner that was reasonably suitable under the circumstances unless proven otherwise by clear and convincing evidence; and

(2) For all other purposes, whether notice or the sending of a record to a person was accomplished in a manner reasonably suitable under the circumstances shall be determined, without limitation, in the context of the subject matter of the notice or record, the length of any time period imposed with respect to notice or sending of the record, the circumstances of the person, the sender’s knowledge of those circumstances, and when actual receipt, if any, occurred.

(g) Notice to a person or the sending of a record to a person shall be deemed:

(1) To have been accomplished on the date such person has actual knowledge of the contents of the notice or record; and

(2) Not to have been accomplished if the person providing notice or sending a record has actual knowledge the person did not receive the notice or record.

(h) Notice or the sending of a record to a person otherwise required under this chapter or the trust instrument:

(1) Need not be provided to a person whose identity or location is unknown to and not reasonably ascertainable by the trustee, trust director, or other person required to provide the notice or send the record; and

(2) May be waived by the person to be notified or sent the record.

(i) An action by a trustee, trust director, or other person authorized under this chapter or a trust instrument to act with respect to any matter involving a trust shall not be ineffective because of a failure to provide notice required under this chapter or the trust instrument if such person acted with reasonable care to comply with this Code section.

(j) Notice of a judicial proceeding shall be provided as required by the applicable rules of civil procedure.

(k) This Code section shall be construed and applied to be consistent with reasonable practices concerning the use of electronic addresses and electronic portals to provide notice and send records for matters involving trusts and the continued expansion of those practices.

## History

Code 1981, § 53-12-511, enacted by Ga. L. 2025, p. 806, § 96/HB 327, effective July 1, 2025.