HB 327: Official Code of Georgia Annotated; amend various titles

House Bill 327 (AS PASSED HOUSE AND SENATE)

By: Representatives Leverett of the 123rd, Efstration of the 104th, Gunter of the 8th, Reeves of the 99th, Oliver of the 84th, and others

A BILL TO BE ENTITLED

AN ACT

To amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to provide for the appointment of a trust director regarding certain estates; to update certain fiduciary provisions; to amend Chapter 6B of Title 10 of the Official Code of Georgia Annotated, relating to Georgia power of attorney, so as to provide for certain delegations to powers of attorney; to amend Code Section 15-9-127 of the Official Code of Georgia Annotated, relating to concurrent jurisdiction with superior courts and probate court jurisdiction, so as to provide for service of process regarding probate proceedings; to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to provide for parental powers and rights regarding children born out of wedlock or from methods of assisted reproduction; to provide for superior court jurisdiction regarding support orders; to amend Code Section 24-12-21 of the Official Code of Georgia Annotated, relating to disclosure of AIDS confidential information, so as to provide for the dissemination of certain information regarding the estate of a person with AIDS; to amend Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, so as to increase the amount of moneys distributed under probate court jurisdiction in cases of minors and incapacitated persons; to revise provisions regarding the compensation for legal counsel or guardian ad litem; to amend Code Section 31-10-9 of the Official Code of Georgia Annotated, relating to registration of births, so as to provide for children born from methods of assisted reproduction; to amend Code Section 43-34-37 of the Official Code of Georgia Annotated, relating to persons authorized to perform artificial insemination and civil liability of physician or surgeon, so as to provide for the authorization of performing methods of assisted reproduction; to amend Title 44 of the Official Code of Georgia Annotated, relating to property, so as to provide for petitions of trustees and trust directors regarding nonvested property interests; to provide for certain institutional gifts and funds; to amend Code Section 50-18-160 of the Official Code of Georgia Annotated, relating to protection of personal information of individuals or nonprofit organizations, so as to provide that certain provisions of such Code section shall not apply to the collection and use of personal information by the Department of Early Care and Learning for purposes authorized by Chapter 1A of Title 20; to amend Code Section 51-4-2 of the Official Code of Georgia Annotated, relating to wrongful death of spouse or parent, so as to provide for recovery for children born out of wedlock; to amend Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and administration of estates, so as to provide for the decree of adoption; to provide for estate interests of children born out of wedlock or from methods of assisted reproduction; to provide for procedures when heirship distribution is in question regarding estate property interests; to provide for certain fiduciary powers for estate personal representatives; to provide that creditors give personal representatives timely notice of claims against the estate; to provide for the filing and service of estate annual return documentation; to revise certain definitions relating to trusts; to provide for DNA testing with regard to kinship; to provide for the survival of common law and equity regarding trusts; to provide for interested parties in nonjudicial settlement agreements; to provide for conditions in terrorem trust instruments; to provide for trustee duties to the settlor; to provide for certain trustee powers regarding trust modifications; to provide for charitable trusts; to provide for the capacity, appointment, and removal of trustees; to provide for trustee duties to the beneficiary; to provide for trustee powers; to repeal a provision relating to granting powers by qualified beneficiaries; to provide for limitations of actions against a trustee; to provide for nonresidents acting as trustees; to revise provisions regarding trust instrument delegation and unitrusts; to revise provisions relating to trust directors; to provide for electronic trust administration records and electronic signatures with respect to trusts; to provide for definitions; to provide for conformity to federal law; 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 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, is amended by revising subsection (b) of Code Section 7-1-223, relating to substituted trustee or manager for trust and pooled assets, as follows: "(b) Nothing in this Code section or Code Section 7-1-222 shall be construed to impair any right of the grantor or beneficiaries of trust or pooled assets, a trust director acting as authorized by and in compliance with Article 18 of Chapter 12 of Title 53 with respect to trust or pooled assets, or any person acting as authorized by and in compliance with Code Section 53-12-201 with respect to trust or pooled assets under applicable instruments or otherwise to secure or provide for the appointment of a substituted trustee or manager."

SECTION 2.

Said chapter is further amended by revising subsection (b) of Code Section 7-1-242, relating to restriction on corporate fiduciaries, as follows:

"(b) Acting as a fiduciary for purposes of this Code section includes, but is not limited to:

(1) Accepting or executing trusts or otherwise acting as a trustee;

(2) Administering real or tangible personal property located in Georgia or elsewhere. For the purposes of As used in this paragraph, the term 'administer' means to possess, purchase, sell, lease, insure, safekeep, manage, or otherwise oversee; and

(3) Acting pursuant to a court order as personal representative, executor, or temporary administrator of the estate of a deceased person or as guardian or conservator for a minor or incapacitated person."

SECTION 3.

Said chapter is further amended by revising subsection (d) of Code Section 7-1-322, relating to effect of affiliate transfer on bank, abandonment of transfer, and substituted fiduciary, as follows:

"(d) Nothing in this Code section shall be construed to impair any right of the grantor or beneficiaries of any fiduciary relationship or a trust director acting as authorized by and in compliance with Article 18 of Chapter 12 of Title 53 with respect to such fiduciary relationship under applicable instruments or otherwise to secure or provide for the appointment of a substituted fiduciary."

SECTION 4.

Said chapter is further amended by revising Code Section 7-1-324, relating to designation of affiliate trust company as successor fiduciary, as follows:

"7-1-324.

Upon any affiliate transfer, the affiliate trust company may be designated in any deed, trust instrument, agreement, filing, instrument, notice, certificate, pleading, or other document as successor fiduciary pursuant to this part."

SECTION 5.

Said chapter is further amended by revising Code Section 7-1-333, relating to limitations on investments, as follows:

"7-1-333.

Trust institutions and foreign trust institutions, as defined by this part, acting in a fiduciary capacity and for fiduciary purposes, if exercising due care as a prudent investor, and with the consent of any cofiduciary, may invest and reinvest funds held in such fiduciary capacity in the shares of stock of one or more fiduciary investment companies, except where the will, trust instrument or indenture, or other instrument under which such trust institution or foreign trust institution acts prohibits such investment, provided that the fiduciary investment company, by its articles of incorporation issued and granted in conformity with Chapter 2 of Title 14, the 'Georgia Business Corporation Code,' shall have and possess the corporate powers required by this part and be subject to the limitations set forth by this part; provided, further, that no such trust institution or foreign trust institution shall invest in the stock of a fiduciary investment company on behalf of any estate, trust, or fund administered by such trust institution or foreign trust institution a sum or amount which that would result in such estate, trust, or fund having a total investment in such stock in excess of the maximum amount or percentage that might be invested by such estate, trust, or fund, under the regulations of the department in effect at the time of such investment, in any common trust fund having total assets equal to the total assets of the fiduciary investment company as increased by the proposed investment; and no trust institution or foreign trust institution shall invest in the stock of a fiduciary investment company if, immediately after such investment and as a consequence thereof, it would own more than 25 percent of the voting securities of such fiduciary investment company which that would then be outstanding."

SECTION 6.

Said chapter is further amended by revising Code Section 7-1-334, relating to corporate powers and limitations and restrictions, as follows:

"7-1-334.

Every fiduciary investment company in which a trust institution or foreign trust institution is authorized by this part to own and hold corporate stock or shares, in order to qualify for such investments, shall have such corporate powers as may be granted by Chapter 2 of Title 14, the 'Georgia Business Corporation Code,' by virtue of its incorporation under those chapters and shall, in addition, have the following corporate powers under its articles of incorporation and, by its articles of incorporation or its bylaws, be subject to the limitations and restrictions set forth in this Code section:

(1) The stock of any such fiduciary investment company shall be owned and held only by trust institutions and foreign trust institutions acting as fiduciaries or cofiduciaries but may be registered in the name of the nominee or nominees of any such trust institution or foreign trust institution. Such stock shall not be subject to transfer or assignment except to the trust institution or foreign trust institution on whose behalf the stock is held by any such nominee or nominees or to a fiduciary or cofiduciary which that becomes successor to the shareholder and which that is also a trust institution or foreign trust institution qualified to hold such stock.;

(2) A fiduciary investment company shall have no less fewer than five directors, who need not be shareholders but shall be officers or directors of trust institutions or foreign trust institutions holding stock in such fiduciary investment company; provided, however, that no more than two directors shall be officers or directors of any one trust institution or foreign trust institution if the fiduciary investment company has been organized and incorporated by three or more trust institutions.;

(3) In acquiring, investing, reinvesting, exchanging, selling, and managing its assets, every fiduciary investment company shall exercise the judgment and care under the circumstances then existing which men prevailing that persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not in regard to speculation but in regard to the permanent disposition of their funds, considering the probable income as well as the safety of their capital. Within the foregoing limitations, a fiduciary investment company may acquire and retain every kind of investment, specifically including, but not limited to, (but not by way of limitation) bonds, debentures, and other corporate obligations and corporate stocks, preferred or common, which men that persons of prudence, discretion, and intelligence acquire or retain for their own account, provided that a fiduciary investment company shall not at any time:

(A) Invest in real estate, commodities, or commodity contracts;

(B) Participate on a joint or joint and several basis in any securities trading account;

(C) Invest in companies for the purpose of exercising control or management;

(D) Make loans to any person or persons, except that the purchase of a portion of an issue of debt securities, convertible debt securities, debt securities with warrants, rights, or options attached, or other similar securities when originally issued or thereafter, of a character commonly distributed publicly, shall not be considered the making of a loan;

(E) Purchase or retain the securities of any issuer if immediately after such acquisition and as a result thereof the following requirements would not be met: at least 75 percent of the total assets in the fiduciary investment company taken at market value are represented by cash and cash items, securities issued or guaranteed by the United States or an instrumentality thereof, and other securities which that, as to any one issuer, do not represent more than 10 percent of the value of the total assets of the fiduciary investment company;

(F) Purchase or otherwise acquire the securities of any other investment company as that such term is defined in the act of Congress entitled 'Investment the federal Investment Company Act of 1940' 1940;

(G) Act as underwriter of the securities of other issuers;

(H) Borrow money; or

(I) Engage in margin transactions or short sales or write put or call options for the purchase or sale of securities.;

(4) A fiduciary investment company may acquire, purchase, or redeem its own stock and may, by means of contract or by its bylaws, bind itself to acquire, purchase, or redeem its own stock; but it shall not vote shares of its own stock theretofore redeemed.;

(5) A fiduciary investment company shall not be responsible for ascertaining the investment powers of any fiduciary who may purchase its stock, shall not be liable for accepting funds from a fiduciary in violation of restrictions of the will, trust instrument or indenture, or other instrument under which such fiduciary is acting in absence of actual knowledge of such violation, and shall be accountable only to the department and the fiduciaries who are the owners of its stock.; and

(6) Every fiduciary investment company subject to the supervision and regulation of the comptroller of the currency of the United States shall comply with all applicable rules and regulations of that agency to the extent that such rules and regulations are in addition to or in conflict with rules and regulations promulgated by the department."

SECTION 7.

Chapter 6B of Title 10 of the Official Code of Georgia Annotated, relating to Georgia power of attorney, is amended in Code Section 10-6B-3, relating to applicability of chapter, by revising paragraphs (9) and (10) and by adding a new paragraph to read as follows: "(9) Any delegation of authority by a personal representative, trustee, or trust director that is expressly provided for under a will or trust instrument or under Title 53, including, but not limited to, paragraph (2) of subsection (a) of Code Section 53-7-5, paragraph (1) of Code Section 53-12-204, Code Section 53-12-345, and subsection (f) of Code Section 53-12-503;

(10) Powers of attorney provided for under Titles 19 and 33; and (10)(11) As set forth in Code Section 10-6B-81."

SECTION 8.

Said chapter is further amended by revising Code Section 10-6B-81, relating to application of Chapter 6B, as follows:

"10-6B-81.

(a) This Code section and Code Section 10-6B-19 shall apply retroactively to powers of attorney created before July 1, 2018. The remainder of this chapter shall not apply to a power of attorney executed before July 1, 2017.

(b) When Code Section 10-6B-3 this chapter applies to a power of attorney pursuant to Code Section 10-6B-3, Chapter 6 of this title shall not apply to such power of attorney.

(c) When, other than this Code section and Code Section 10-6B-19, this chapter does not apply to a power of attorney:

(1) It shall not affect the application of Chapter 6 of this title; and

(2) The former provisions of Article 7 of Chapter 6 of this title, as such existed on June 30, 2017, shall remain applicable."

SECTION 9.

Code Section 15-9-127 of the Official Code of Georgia Annotated, relating to concurrent jurisdiction with superior courts and probate court jurisdiction, is amended by adding a new subsection to read as follows:

"(d) In a proceeding in the probate court under subsection (a) of this Code section, service of summons, notice, or process may be made pursuant to Chapter 11 of Title 53."

SECTION 10.

Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended by revising paragraph (9) of subsection (b) of Code Section 19-7-1, relating to in whom parental power lies, how such power lost, and recovery for homicide of child or unborn child, as follows:

"(9) A superior court order terminating parental rights of the legal father or the biological father who is not the legal father of the child in a petition for legitimation, a petition to establish paternity, a divorce proceeding, or a custody proceeding pursuant to this chapter or Chapter 5, 8, or 9 of this title, provided that such termination is in the best interest of such child; and provided, further, that this paragraph shall not apply to such termination when a child has been adopted or is conceived by artificial insemination, in vitro fertilization, or other similar method of assisted reproduction as set forth in subsection

(a) of Code Section 19-7-21 or when an embryo is adopted as set forth in Article 2 of Chapter 8 of this title."

SECTION 11.

Said title is further amended by revising Code Section 19-7-21, relating to when children conceived by artificial insemination legitimate, as follows:

"19-7-21.

(a) All children born within wedlock or within the usual period of gestation thereafter who have been conceived by means of artificial insemination, in vitro fertilization, or other similar method of assisted reproduction are irrebuttably presumed legitimate if both spouses have consented in writing to the use and administration of artificial insemination, in vitro fertilization, or other similar method of assisted reproduction.

(b) Subsection (a) of this Code section shall be subject to Article 2 of Chapter 8 of this title, and, in the event of a conflict, the provisions of such article shall prevail."

SECTION 12.

Said title is further amended by revising subsection (d) of Code Section 19-7-22, relating to petition for legitimation of child, requirement that mother be named as a party, court order, effect, claims for custody or visitation, and third-party action for legitimation in response to petition to establish paternity, as follows:

"(d)(1) Upon the presentation and filing of a legitimation petition, and after a hearing for which notice was provided to all interested parties, the court may issue an order declaring the biological father's relationship with the child to be legitimate, provided that such order is in the best interests of the child. If such order is issued, the biological father and child shall be capable of inheriting from each other in the same manner as if the child was born in lawful wedlock, pursuant to division (2)(A)(i) of Code Section 53-2-3 and paragraph (1) of subsection (b) of Code Section 53-2-4. Such order shall specify the name by which the child shall be known.

(2)(A) If the court determines by clear and convincing evidence that the father caused his child to be conceived as a result of having nonconsensual sexual intercourse with the mother of his child or an offense that consists of the same or similar elements under federal law or the laws of another state or territory of the United States, or when the mother is less than ten years of age, or an offense which consists of the same or similar elements under federal law or the laws of another state or territory of the United States, it shall create a presumption against legitimation.

(B)(i) Notwithstanding division (2)(A)(i) of Code Section 53-2-3, if the court denies a legitimation petition under this paragraph, the child shall be capable of inheriting from or through his or her father under divisions (2)(A)(ii) through (vi) of Code Section 53-2-3 or subparagraph (B) of paragraph (2) of Code Section 53-2-3. (ii) Notwithstanding Code Section 53-2-4, if the court denies a legitimation petition under this paragraph, the father shall not be capable of inheriting from or through his child.

(C) If there is a pending criminal proceeding in connection with an allegation made pursuant to subparagraph (A) of this paragraph, the court shall stay discovery in the legitimation action until the completion of such criminal proceeding.

(D) Except as provided in this paragraph, nothing in this article shall be applied or construed to abrogate or limit:

(i) The jurisdiction of a probate court or a superior court under Code Section 53-2-20 to resolve judicially the identity or interest of any heir in accordance with Article 2 of Chapter 2 of Title 53; or

(ii) The effect of the findings of such a court in such a proceeding pursuant to Code Section 53-2-26."

SECTION 13.

Said title is further amended by adding a new subsection to Code Section 19-7-40, relating to jurisdiction and administrative determination of paternity, to read as follows: "(c) Nothing in this article shall be applied or construed to abrogate or limit:

(1) The jurisdiction of a probate court or a superior court under Code Section 53-2-20 to resolve judicially the identity or interest of any heir in accordance with Article 2 of Chapter 2 of Title 53; or

(2) The effect of the findings of such a court in such a proceeding pursuant to Code Section 53-2-26."

SECTION 14.

Said title is further amended by revising subsection (e) of Code Section 19-7-43, relating to petition, by whom brought, effect of agreement on right to bring petition, stay pending birth of child, court order for blood tests, and genetic tests, as follows: "(e) In any case for the collection of child support involving the Department of Human Services in which the paternity of a child or children has not been established or in which the individual receiving services alleges that paternity rests in a person other than the previously established father, the Department of Human Services shall order genetic testing of the mother, the alleged father, and the child or children as specified in Code Section

19-7-45. No genetic testing shall be undertaken by the Department of Human Services if the child was adopted either by the applicant for services or other alleged parent or if the child was conceived by means of artificial insemination, in vitro fertilization, or other similar method of assisted reproduction. The need for genetic testing shall be supported by a sworn statement alleging paternity and setting forth facts establishing a reasonable possibility of the requisite sexual contact between the parties. The parties shall be given notice and an opportunity to contest the order before the Department of Human Services prior to the testing or the imposition of any noncooperation sanction."

SECTION 15.

Said title is further amended by revising paragraph (3) of subsection (b) and subparagraph (d)(1)(C) of Code Section 19-7-54, relating to motion to set aside determination of paternity, as follows:

"(3) The child was not conceived by artificial insemination, in vitro fertilization, or other similar method of assisted reproduction while the male ordered to pay child support and the child's mother were in wedlock;"

"(C) The child was conceived by means of artificial insemination, in vitro fertilization, or other similar method of assisted reproduction; or"

SECTION 16.

Said title is further amended by adding a new Code section to Article 2 of Chapter 11, the "Uniform Reciprocal Enforcement of Support Act," to read as follows:

"19-11-82.

Nothing in this article shall be applied or construed to abrogate or limit:

(1) The jurisdiction of a probate court or a superior court under Code Section 53-2-20 to resolve judicially the identity or interest of any heir in accordance with Article 2 of Chapter 2 of Title 53; or

(2) The effect of the findings of such a court in such a proceeding pursuant to Code Section 53-2-26."

SECTION 17.

Said title is further amended by adding a new Code section to Article 3 of Chapter 11, the "Uniform Interstate Family Support Act," to read as follows:

"19-11-192.

Nothing in this article shall be applied or construed to abrogate or limit:

(1) The jurisdiction of a probate court or a superior court under Code Section 53-2-20 to resolve judicially the identity or interest of any heir in accordance with Article 2 of Chapter 2 of Title 53; or

(2) The effect of the findings of such a court in such a proceeding pursuant to Code Section 53-2-26."

SECTION 18.

Code Section 24-12-21 of the Official Code of Georgia Annotated, relating to disclosure of AIDS confidential information, is amended by revising subsections (y) and (bb) as follows: "(y) The protection against disclosure provided by Code Section 24-12-20 shall be waived, and AIDS confidential information may be disclosed, to the extent that the person identified by such information, his or her; such person's heirs, successors, or assigns, or; a beneficiary of such person, including, but not limited to, an executor, administrator, person's estate; or the personal representative of such person's estate:

(1) Files a claim or claims other entitlements under any insurance policy or benefit plan or is involved in any civil proceeding regarding such claim;

(2) Places such person's care and treatment, the nature and extent of his or her injuries, the extent of his or her damages, his or her medical condition, or the reasons for his or her death at issue in any judicial proceeding; or

(3) Is involved in a dispute regarding coverage under any insurance policy or benefit plan."

"(bb) AIDS confidential information may be disclosed as a part of any proceeding or procedure authorized or required pursuant to Chapter 3, 4, or 7 of Title 37, regarding a person who is alleged to be or who is mentally ill, developmentally disabled, or alcoholic or drug dependent;, or as a part of any proceeding or procedure authorized or required pursuant to Title 29, regarding the guardianship of a person or that the conservatorship of a person's estate; or as a part of any proceeding or procedure authorized or required pursuant to Title 53 regarding the estate of a deceased person, as follows:

(1) Any person who files or transmits a petition or other document which that discloses AIDS confidential information in connection with any such proceeding or procedure shall provide a cover page which that contains only the type of proceeding or procedure, the court in which the proceeding or procedure is or will be pending, and the words 'CONFIDENTIAL INFORMATION' without in any way otherwise disclosing thereon the name of any individual or that such petition or other document specifically contains AIDS confidential information;

(2) AIDS confidential information shall only be disclosed pursuant to this subsection after disclosure to and with the written consent of the person identified by that information;, or that person's parent or guardian if that person is a minor; or has that person's guardian, if that person previously has been adjudicated as being incompetent, in need of a guardian; the personal representative of that person's estate, if that person is deceased; or by order of court obtained in accordance with subparagraph (C) of paragraph

(3) of this subsection;

(3) If any person files or transmits a petition or other document in connection with any such proceeding or procedure which that discloses AIDS confidential information without obtaining consent as provided in paragraph (2) of this subsection, the court receiving such information shall either obtain written consent as set forth in that paragraph (2) for any further use or disclosure of such information or:

(A) Return such petition or other document to the person who filed or transmitted same, with directions against further filing or transmittal transmitting of such information in connection with such proceeding or procedure except in compliance with this subsection;

(B) Delete or expunge all references to such AIDS confidential information from the particular petition or other document; or

(C)(i) If the court determines there is a compelling need for such information in connection with the particular proceeding or procedure, petition a superior court of competent jurisdiction for permission to obtain or disclose that information. If the person identified by the information is not yet represented by an attorney in the proceeding or procedure in connection with which the information is sought, the petitioning court shall appoint an attorney for such person. The petitioning court shall have both that person and that person's attorney personally served with notice of the petition and of the date, time, and place of the superior court hearing thereon. Such hearing shall not be held sooner than 72 hours after service, unless the information is to be used in connection with an emergency guardianship proceeding under Code Section 29-4-14, in which event the hearing shall not be held sooner than 48 hours after service.

(ii) The superior court in which a petition is filed pursuant to division (i) of this subparagraph shall hold an in camera hearing on such petition. The purpose of the hearing shall be to determine whether there is clear and convincing evidence of a compelling need for the AIDS confidential information sought in connection with the particular proceeding or procedure which that cannot be accommodated by other means. In assessing compelling need, the superior court shall weigh the public health, safety, or welfare needs or any other public or private need for the disclosure against the privacy interest of the person identified by the information and the public interest which that may be disserved by disclosures which that may deter voluntary HIV tests. If the court determines that disclosure of that such information is authorized under this subparagraph, the court shall order that such disclosure and shall impose appropriate safeguards against any unauthorized disclosure. The records of that hearing otherwise shall be under seal; and

(4) The court having jurisdiction over such proceeding or procedure, when it becomes apparent that AIDS confidential information will likely be or has been disclosed in connection with such proceeding or procedure, shall take such measures as the court determines appropriate to preserve the confidentiality of the disclosed information to the maximum extent possible. Such measures shall include, without being but shall not be limited to, closing the proceeding or procedure to the public and sealing all or any part of the records of the proceeding or procedure containing AIDS confidential information. The records of any appeals taken from any such proceeding or procedure shall also be sealed. Furthermore, the court may consult with and obtain the advice of medical experts or other counsel or advisers as to the relevance and materiality of such information in such proceedings or procedures, provided that the identity of the person identified by such information is not thereby revealed."

SECTION 19.

Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, is amended by revising Code Section 29-6-1, relating to judges of probate courts as custodians of certain funds and authority to collect debts, as follows:

"29-6-1.

The judges of the probate courts are, in their discretion, made the legal custodians and distributors of all moneys up to $15,000.00 $25,000.00 due and owing to any minor or incapacitated adult who is in need of a conservator but who has no legal and qualified conservator; and the judges are authorized to receive and collect all such moneys arising from insurance policies, benefit societies, legacies, inheritances, or any other source. Without any appointment or qualifying order, the judge is authorized to take charge of the moneys or funds of the minor or adult by virtue of the judge's office as judge of the probate court in the county of residence of the minor or adult; provided, however, that notice shall be given to the living parents of a minor, if any, or the guardian of an adult, if any. The certificate of the judge that no legally qualified conservator has been appointed shall be conclusive and shall be sufficient authority to justify any debtor in making payment on claims made by the judge."

SECTION 20.

Said title is further amended by revising subsection (b) of Code Section 29-9-15, relating to compensation for legal counsel or guardian ad litem, as follows: "(b) In connection with any proceeding brought pursuant to the provisions of Chapter 2, 3, 4, 5, 7, or 11 of this title, unless voluntarily waived, the court may award reasonable fees and expenses, commensurate with the tasks performed and time devoted to the proceeding, including any appeals, to any legal counsel who is retained by or on behalf of a minor, a proposed ward, a ward, the petitioner or petitioners, or any other party to any proceeding brought pursuant to the provisions of said chapters. As as directed by the court in the exercise of its sound discretion and as the court may deem to be in the best interest of the minor, proposed ward, or ward who is the subject of the particular proceeding."

SECTION 21.

Code Section 31-10-9 of the Official Code of Georgia Annotated, relating to registration of births, is amended by revising subsections (d) and (f) as follows: "(d) When a birth occurs on a moving conveyance within the United States and the child is first removed from the conveyance in this state, the birth shall be registered in this state and the place where it the child is first removed shall be considered the place of birth. When a birth occurs on a moving conveyance while in international waters or airspace or in a foreign country or its airspace and the child is first removed from the conveyance in this state, the birth shall be registered in this state but the certificate shall show the actual place of birth insofar as such place can be determined." "(f) The birth certificate of a child born to a married woman as a result of artificial insemination, in vitro fertilization, or other similar method of assisted reproduction, with consent of her husband, shall be completed in accordance with the provisions of subsection

(e) of this Code section."

SECTION 22.

Code Section 43-34-37 of the Official Code of Georgia Annotated, relating to persons authorized to perform artificial insemination and civil liability of physician or surgeon, is amended by revising said Code section as follows:

"43-34-37.

(a) Physicians and surgeons licensed to practice medicine in accordance with and under this article shall be the only persons authorized to administer or perform artificial insemination, in vitro fertilization, or other similar method of assisted reproduction upon any female human being. Any other person or persons who shall attempt to administer or perform or who shall actually administer or perform artificial insemination, in vitro fertilization, or other similar method of assisted reproduction upon any female human being shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment in the penitentiary for not less than one year nor more than five years.

(b) Any physician or surgeon who obtains written authorization signed by both the husband and the wife authorizing him or her to perform or administer artificial insemination, in vitro fertilization, or other similar method of assisted reproduction shall be relieved of civil liability to the husband and wife or to any child conceived by artificial insemination, in vitro fertilization, or other similar method of assisted reproduction for the result or results of said artificial insemination, in vitro fertilization, or other similar method of assisted reproduction, provided that the written authorization provided for in this Code section obtained shall not relieve any physician or surgeon from any civil liability arising from his or her own negligent administration or performance of artificial insemination, in vitro fertilization, or other similar method of assisted reproduction."

SECTION 23.

Title 44 of the Official Code of Georgia Annotated, relating to property, is amended by revising Code Section 44-5-37, relating to applicability of Code Sections 53-2-112 through 53-2-114 to elections under or against deed, as follows:

"44-5-37.

The principles of Code Sections 53-2-112 through 53-2-114 53-4-70 and 53-4-71 relating to elections shall also apply to deeds."

SECTION 24.

Said title is further amended by revising Code Section 44-6-203, relating to reform of disposition by court to approximate transferor's plan of distribution, as follows:

"44-6-203.

Upon the petition of an interested person a trustee, trust director, or other person whose interests would be affected, a court shall reform a disposition in the manner that most closely approximates the transferor's manifested plan of distribution and is within the number of years allowed by paragraph (2) of subsection (a), (b), or (c) of Code Section 44-6-201 if:

(1) A nonvested property interest or a power of appointment becomes invalid under Code Section 44-6-201;

(2) A class gift is not but might still become invalid under Code Section 44-6-201 and the time has arrived when the share of any class member is to take effect in possession or enjoyment; or

(3) A nonvested property interest that is not validated by paragraph (1) of subsection (a) of Code Section 44-6-201 can vest, but not within 360 years after its creation."

SECTION 25.

Said title is further amended by revising paragraphs (1), (2), and (4) of Code Section 44-6-204, relating to exceptions to applicability of article, as follows: "(1) A nonvested property interest or a power of appointment arising out of a nondonative transfer, except a nonvested property interest or a power of appointment arising out of:

(A) A premarital or postmarital agreement;

(B) A separation or divorce settlement;

(C) A spouse's election;

(D) A similar arrangement arising out of a prospective, existing, or previous marital relationship between the parties;

(E) A contract to make or not to revoke a will or trust, including, but not necessarily limited to, a contract made pursuant to Code Section 53-4-30;

(F) A contract to exercise or not to exercise a power of appointment;

(G) A transfer in satisfaction of a duty of support; or

(H) A reciprocal transfer;

(2) A fiduciary's power relating to the administration or management of assets, including:

(A) The the power of a fiduciary to sell, lease, or mortgage property,;

(B) The and the power of a fiduciary to determine principal and income; and

(C) A power of direction, as such term is defined in Code Section 53-12-500;" "(4) A discretionary power of a trustee to distribute or of a trust director to direct the distribution of principal before termination of a trust to a beneficiary having an indefeasibly vested interest in the income and principal. Nothing; provided, however, that nothing contained in paragraphs (2) and (3) of this Code section and this paragraph shall be construed to permit the fiduciary to continue the administration or management of assets once the nonvested property interest becomes invalid as described in subsection

(a) of Code Section 44-6-201;"

SECTION 26.

Said title is further amended by revising subsection (b) of Code Section 44-6-205, relating to applicability of article and court reform of nonvested dispositions created before article became effective, as follows:

"(b) With respect to a nonvested property interest or a power of appointment that was created before July 1, 2018, and that violates this state's rule against perpetuities as that rule existed before July 1, 2018, a court, upon the petition of an interested party a trustee, trust director, or other person whose interests would be affected, may:

(1) Subject to Code Section 23-1-4, exercise its equitable power;

(2) Approve a nonjudicial settlement agreement or make any related determination under subsection (c) of Code Section 53-12-9;

(3) Approve a petition to modify or terminate an irrevocable trust under Code Section 53-12-61; or

(4) Declare that the exercise of the power to invade the principal of the original trust under subsection (b) of Code Section 53-12-62 is appropriate and effective so that the nonvested property interest is within the limits of the rule against perpetuities applicable when the nonvested property interest or power of appointment was created to reform the disposition in the manner that most closely approximates the transferor's manifested plan of distribution and is within the limits of the rule against perpetuities applicable when the nonvested property interest or power of appointment was created."

SECTION 27.

Said title is further amended by adding a new Code section to Article 9 of Chapter 6, the "Uniform Statutory Rule Against Perpetuities," to read as follows:

"44-6-207.

As used in this article, the term:

(1) 'Court' means a court of competent jurisdiction as determined in accordance with Code Section 53-12-6.

(2) 'Power of appointment' shall have the same meaning as set forth in Code Section

53-12-500.

(3) 'Power of direction' shall have the same meaning as set forth in Code Section

53-12-500.

(4) 'Trust' means an express trust, as such term is defined in Code Section 53-12-2."

SECTION 28.

Said title is further amended by revising subsections (b) and (e) of Code Section 44-15-3, relating to considerations and standard of conduct for institutions receiving gifts, as follows: "(b) In addition to complying with the duty of loyalty imposed by law other than this chapter, each person responsible for managing and investing an institutional fund shall manage and invest such fund in good faith and with the care, skill, and caution an ordinarily prudent person in a like position would exercise under similar circumstances, considering the purposes, terms, distribution requirements, and other circumstances of the institutional fund."

"(e) Except as otherwise provided by a gift instrument, the following rules shall apply:

(1) In managing and investing an institutional fund, the following factors, if relevant, shall be considered:

(A) General economic conditions;

(B) The possible effect of inflation or deflation;

(C) The expected tax consequences, if any, of investment decisions or strategies;

(D) The role that each investment or course of action plays within the overall investment portfolio of such fund;

(E) The expected total return from income and the appreciation of investments;

(F) Other resources of the institution;

(G) The needs of the institution and such fund to make distributions and to preserve capital; and

(H) An asset's special relationship or special value, if any, to the charitable purposes of the institution or to the donor; and

(I) Any special circumstances;

(2) Management and investment decisions about an individual asset shall not be made in isolation but rather in the context of the institutional fund's portfolio of investments as a whole and as a part of an overall investment strategy having risk and return objectives reasonably suited to the institutional fund and to the institution;

(3) An institution may invest in any kind of property or type of investment consistent with the provisions of this Code section;

(4) An institution shall reasonably manage the risk of concentrated holdings of assets by diversifying the investments of the institutional fund or by using some other appropriate mechanism, except as provided in this paragraph, as follows:

(A) The duty imposed by this paragraph shall not apply if the institution reasonably determines that, because of special circumstances, or because of the specific purposes, terms, distribution requirements, and other circumstances of the institutional fund, the purposes of such fund are better served without complying with the duty. For purposes of this paragraph, special circumstances shall include an asset's special relationship or special value, if any, to the charitable purposes of the institution or to the donor;

(B) No person responsible for managing and investing an institutional fund shall be liable for failing to comply with the duty imposed by this paragraph to the extent that the terms of the gift instrument or express written agreement between the donor and the institution limits or waives the duty; and

(C) The governing board of an institution may retain property contributed by a donor to an institutional fund for as long as the governing board deems advisable;

(5) Within a reasonable time after receiving property, an institution shall make and carry out decisions concerning the retention or disposition of the property or to the rebalancing of a portfolio, in order to bring the institutional fund into compliance with the purposes, terms, and distribution requirements of the institution or the institutional fund as necessary to meet other circumstances of the institution or the institutional fund and the requirements of this chapter; and

(6) A person that has special skills or expertise, or is selected in reliance upon the person's representation that such person has special skills or expertise, has a duty to use those skills or expertise in managing and investing institutional funds; and

(7) In investing and managing institutional funds, an institution may consider the personal values of the donor, including, but not limited to, a desire to engage in investing strategies that align with social, political, religious, philosophical, environmental, governance, or other values or beliefs of the donor; provided, however, that nothing in this paragraph shall allow an institutional fund to be used for a purpose other than a charitable purpose of the institution."

SECTION 29.

Said title is further amended by revising subsection (a) of Code Section 44-15-4, relating to management of institutional funds for endowment, as follows:

"(a) Subject to the intent of a donor expressed in the gift instrument or to any express written agreement between a donor and an institution, an institution may appropriate for expenditure or accumulate assets of an endowment fund as the institution determines shall be prudent for the uses, benefits, purposes, and duration for which the endowment fund is established. Unless stated otherwise in the gift instrument, the assets in an endowment fund shall be donor restricted assets until appropriated for expenditure by the institution. In making a determination to appropriate or accumulate assets, the institution shall act in good faith, with the care that an ordinarily prudent person in a like position would exercise under similar circumstances,; shall exercise reasonable care, skill, and caution; and shall consider, if relevant, the following factors:

(1) The duration and preservation of the endowment fund;

(2) The purposes of the institution and the endowment fund;

(3) General economic conditions;

(4) The possible effect of inflation or deflation;

(5) The expected total return from income and the appreciation of investments;

(6) Other resources of the institution; and

(7) The investment policy of the institution; and

(8) Any special circumstances."

SECTION 30.

Said title is further amended by adding new subsections to Code Section 44-15-6, relating to modification of restrictions, to read as follows:

"(e) For purposes of subsection (a) of this Code section, a donor's designee includes, but is not limited to, an agent under a power of attorney to the extent authorized by the power of attorney and the duly constituted conservator of a donor who is a protected person, as such term is defined in Code Section 29-11-2, to the extent such conservator is so empowered pursuant to Code Section 29-5-23 or other applicable law.

(f) For purposes of subsection (b) of this Code section, if the gift instrument establishes an express trust, as such term is defined in Code Section 53-12-2, a court shall include a probate court or superior court as provided in Code Section 15-9-127 or 53-12-6."

SECTION 31.

Code Section 50-18-160 of the Official Code of Georgia Annotated, relating to protection of personal information of individuals or nonprofit organizations, is amended in paragraph (12) of subsection (d) by striking "and" at the end of subparagraph (C), replacing the period at the end of subparagraph (D) with "; and", and adding a new subparagraph to read as follows:

"(E) By the Department of Early Care and Learning for purposes authorized in Chapter 1A of Title 20."

SECTION 32.

Code Section 51-4-2 of the Official Code of Georgia Annotated, relating to wrongful death of spouse or parent, is amended by revising subsection (f) as follows: "(f) In actions for recovery under this Code section, the fact that a child has been born out of wedlock shall be no bar to recovery, provided that such child born out of wedlock had rights of inheritance from or through the child's deceased parent under Code Section

53-2-3."

SECTION 33.

Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and administration of estates, is amended by revising Code Section 53-1-9, relating to survival of common law and equity, as follows:

"53-1-9.

Except to the extent that the principles of common law and equity governing wills, trusts, and the administration of estates are modified by this title or another provision of law, those principles remain the law of this state. Without limitation:

(1) No provision of this title shall be construed to imply that any other Code section or the common law did not, prior to the enactment of such provision, impose, permit, or otherwise address a duty, power, relationship, or any other matter governed by such provision; and

(2) The failure of the General Assembly to codify an established principle of common law or equity governing wills, trusts, and the administration of estates shall not be construed as evidence that the General Assembly intended to reject that principle unless this title or another provision of law is inconsistent with that principle or there is other evidence the General Assembly intended that such principle should no longer apply."

SECTION 34.

Said title is further amended by revising Code Section 53-2-2, which is reserved, as follows:

"53-2-2.

(a) Code Sections 53-2-3 and 53-2-4 shall be subject to the provisions of subparagraph (d)(2)(B) of Code Section 19-7-22.

(b) Nothing in this chapter shall be applied or construed to expand or extend the jurisdiction of the probate courts for purposes of Article 2 of Chapter 11 of Title 19, the 'Uniform Reciprocal Enforcement of Support Act,' or Article 3 of Chapter 11 of Title 19, the 'Uniform Interstate Family Support Act.' Reserved."

SECTION 35.

Said title is further amended by revising Code Section 53-2-3, relating to inheritance by children born out of wedlock, as follows:

"53-2-3.

The rights of inheritance of a child born out of wedlock shall be as follows:

(1) A child born out of wedlock may inherit in the same manner as though legitimate from or through the child's mother, the other children of the mother, and any other maternal kin;

(2)(A) A child born out of wedlock may not inherit from or through the child's father, the other children of the father, or any paternal kin by reason of the paternal kinship, unless:

(i) A court of competent jurisdiction has entered an order declaring the child to be legitimate, under the authority of Code Section 19-7-22 or such other authority as may be provided by law;

(ii) A court of competent jurisdiction has otherwise entered a court order establishing paternity; that has not been set aside as provided in Code Section 19-7-54; provided, however, that:

(I) A temporary order of support entered under subsection (a) of Code Section

19-7-46.2 or an order of support entered under subsection (a) of Code Section 19-7-49 shall not be conclusive under this division unless such order also satisfies division (i) of this subparagraph or unless the court before which proceedings on the estate are pending determines, in its discretion, that such order also satisfies division

(vi) of this subparagraph;

(II) A support order, as such term is defined in Code Section 19-11-42, shall not be conclusive under this division unless such order also satisfies division (i) of this subparagraph or unless the court before which proceedings on the estate are pending determines, in its discretion, that such order also satisfies division (vi) of this subparagraph;

(III) A temporary order of support entered under subsection (e) of Code Section 19-11-48 or a temporary order under Code Section 19-11-74 shall not be conclusive under this division unless such order also satisfies division (i) of this subparagraph or unless the court before which proceedings on the estate are pending determines, in its discretion, that such order also satisfies division (vi) of this subparagraph;

(IV) A support order, as such term is defined in Code Section 19-11-101, shall not be conclusive under this division unless such order also satisfies division (i) of this subparagraph or unless the court before which proceedings on the estate are pending determines, in its discretion, that such order also satisfies division (vi) of this subparagraph;

(V) A temporary child support order entered under paragraph (3) of subsection (b) of Code Section 19-11-140 shall be conclusive under this division. A temporary child support order entered under paragraph (5) of subsection (b) of Code Section 19-11-140 shall satisfy division (vi) of this subparagraph. Any other temporary child support order entered under subsection (b) of Code Section 19-11-140 shall not be conclusive under this division unless such order also satisfies division (i) of this subparagraph or unless the court before which proceedings on the estate are pending determines, in its discretion, that such order also satisfies division (vi) of this subparagraph;

(VI) For purposes of this division, an administrative determination of paternity made pursuant to subsection (b) of Code Section 19-7-40 shall have the same force and effect as a judicial decree;

(VII) For purposes of this division, a court order for child support, as such term is defined in Code Section 19-11-3, issued by an administrative or quasi-judicial entity of this state or another state shall have the same force and effect as a judicial decree;

(VIII) For purposes of this division, a judgment determining parentage of a child issued by a tribunal or a foreign tribunal, as such terms are defined in Code Section 19-11-101, shall be given the same force and effect by the court before which proceedings on the estate are pending as such judgment would be given in the tribunals of Georgia, as designated by subsection (a) of Code Section 19-11-102; and

(IX) Nothing in this division shall be applied or construed to make available to the probate courts the information contained in the state case registry pursuant to subsection (e) of Code Section 19-11-39;

(iii) The father has executed a sworn statement signed by him attesting to the parent-child relationship, including, but not limited to:

(I) A voluntary acknowledgment of legitimation that was valid under the former provisions of Code Section 19-7-21.1 and was executed on or before June 30, 2016;

(II) A voluntary acknowledgment of paternity that satisfies the requirements of subsection (b) of Code Section 19-7-46.1 and is neither timely rescinded nor successfully challenged as provided by subsection (b) or (c) of Code Section 19-7-46.1;

(III) An acknowledgment of paternity made under oath pursuant to Code Section 19-11-13; or

(IV) A voluntary acknowledgment of paternity that is admissible to establish parentage of the child under subsection (j) of Code Section 19-11-135; (iv)(I) The father has signed the birth certificate of the child.

(II) The name or social security account number of the father appears on the birth certificate of the child or on a certified copy of such birth certificate with the written consent of the father in the manner provided by subsection (a) of Code Section

19-7-46.1 or paragraph (2) of subsection (e) of Code Section 31-10-9.

(III) The father has acknowledged paternity and the social security account information of the father is entered on the birth certificate of the child in the manner provided by subsection (a) of Code Section 31-10-9.1; or

(v) The father has otherwise acknowledged paternity under oath in any manner satisfying the definition set forth in paragraph (14) of Code Section 19-11-3 or the requirements of subsection (a) of Code Section 19-11-14; or

(vi) There is other clear and convincing evidence that the child is the child of the father.

(B)(i) Subparagraph (A) of this paragraph notwithstanding, a child born out of wedlock may inherit from or through the father, other children of the father, or any paternal kin by reason of the paternal kinship if evidence of the rebuttable presumption of paternity described in this subparagraph is filed with the court before which proceedings on the estate are pending and the presumption is not overcome to the satisfaction of the trier of fact by clear and convincing evidence.

(ii) There shall exist a rebuttable presumption of paternity of a child born out of wedlock if:

(I) The child was born to a mother who was a recipient intended parent as the result of an embryo relinquishment pursuant to Article 2 of Chapter 8 of Title 19, the child's mother was not married to the presumptive father at the time of the birth of the child, the child's mother and presumptive father each, as a recipient intended parent, executed a written contract satisfying the requirements of subsection (a) of Code Section 19-8-41, the child is presumed to be the legal child of the presumptive father under subsection (d) of Code Section 19-8-41, and no expedited order of adoption or parentage complying with the requirements of Code Section 19-8-43 has been entered by a court of competent jurisdiction as a final order vesting parental rights and responsibilities in the child's presumptive father as a recipient intended parent; or

(II) Scientifically credible parentage-determination genetic testing establishes at least a 97 percent probability of paternity. Parentage-determination Scientifically credible parentage-determination genetic testing shall include, but not necessarily be limited to, red cell antigen, human leucocyte antigen (HLA), red cell enzyme, and serum protein electrophoresis tests or testing by deoxyribonucleic acid (DNA) probes. Parentage-determination genetic testing shall be of a type reasonably relied upon by experts in the field of genetic testing; shall be conducted by a laboratory accredited by the AABB, formerly known as the American Association of Blood Banks, or a successor to its functions, or by an accrediting body designated by the secretary of the United States Department of Health and Human Services; and shall be performed by a duly qualified licensed practicing physician, duly qualified immunologist, or other duly qualified person; provided, however, that in all cases the court before which proceedings on the estate are pending shall determine the number and qualifications of the experts.

(C) If any one of the requirements of divisions (i) through (v) (vi) of subparagraph (A) of this paragraph is fulfilled, or if the presumption of paternity set forth in subparagraph

(B) of this paragraph shall have been established and shall not have been rebutted by the presentation of clear and convincing evidence as determined by the trier of fact, a child born out of wedlock may inherit in the same manner as though legitimate from and through the child's father, the other children of his or her father, and any other paternal kin;.

(D) In determining whether clear and convincing evidence has been presented under this paragraph, the trier of fact may consider and determine the relevance, materiality, and weight of any admissible evidence; provided, however, that:

(i) The requirement of reasonable certainty only, as provided by subsection (a) of Code Section 24-14-40, shall not apply to such determination; and

(ii) The party bearing the burden of proof that the child is the child of the father by the presentation of clear and convincing evidence under division (vi) of subparagraph

(A) of this paragraph shall not be relieved from the onus of proving identity, as provided by subsection (b) of Code Section 24-14-40.

(E) Except as provided by division (d)(2)(B)(i) of Code Section 19-7-22, nothing in this paragraph shall be applied or construed to abrogate or limit:

(i) The jurisdiction of a probate court or a superior court under Code Section 53-2-20 to resolve judicially the identity or interest of any heir in accordance with Article 2 of this chapter; or

(ii) The effect of the findings of such a court in such a proceeding pursuant to Code Section 53-2-26;

(3) In distributions under this Code section, the children of a deceased child born out of wedlock shall represent that deceased child in the manner provided by Code Section 53-2-1; and

(4) The limitation imposed by subsection (b) of Code Section 19-11-14 upon the full faith and credit to be given by the courts of this state to a determination of paternity made by another state shall not affect the rights of inheritance of a child under a voluntary acknowledgment or an administrative or judicial determination otherwise satisfying the requirements of this Code section."

SECTION 36.

Said title is further amended by revising Code Section 53-2-4, relating to inheritance from children born out of wedlock, as follows:

"53-2-4.

(a) The mother of a child born out of wedlock, the other children of the mother, and other maternal kin may inherit from and through the child born out of wedlock in the same manner as though the child were legitimate.

(b) The father of a child born out of wedlock, the other children of the father, and other paternal kin may inherit from and through the child born out of wedlock in the same manner as if the child were legitimate if:

(1) A court of competent jurisdiction has entered an order declaring the child to be legitimate under the authority of Code Section 19-7-22 or such other authority as may be provided by law;

(2) A court of competent jurisdiction has otherwise entered a court order establishing paternity that has not been set aside as provided in Code Section 19-7-54; provided, however, that:

(A) A temporary order of support entered under subsection (a) of Code Section

19-7-46.2 or an order of support entered under subsection (a) of Code Section 19-7-49 shall not be conclusive under this paragraph unless such order also satisfies paragraph

(1) of this subsection;

(B) A support order, as such term is defined in Code Section 19-11-42, shall not be conclusive under this paragraph unless such order also satisfies paragraph (1) of this subsection;

(C) A temporary order of support entered under subsection (e) of Code Section 19-11-48 or a temporary order under Code Section 19-11-74 shall not be conclusive under this paragraph unless such order also satisfies paragraph (1) of this subsection;

(D) A support order, as such term is defined in Code Section 19-11-101, shall not be conclusive under this paragraph unless such order also satisfies paragraph (1) of this subsection;

(E) A temporary child support order entered under paragraph (3) of subsection (b) of Code Section 19-11-140 shall be conclusive under this paragraph. Any other temporary child support order entered under subsection (b) of Code Section 19-11-140 shall not be conclusive under this paragraph unless such order also satisfies paragraph (1) of this subsection;

(F) For purposes of this paragraph, an administrative determination of paternity made pursuant to subsection (b) of Code Section 19-7-40 shall have the same force and effect as a judicial decree;

(G) For purposes of this paragraph, a court order for child support, as such term is defined in Code Section 19-11-3, issued by an administrative or quasi-judicial entity of this state or another state shall have the same force and effect as a judicial decree;

(H) For purposes of this paragraph, a judgment determining parentage of a child issued by a tribunal or a foreign tribunal, as such terms are defined in Code Section 19-11-101, shall be given the same force and effect as such judgment would be given in the tribunals of Georgia, as designated by subsection (a) of Code Section 19-11-102; and

(I) Nothing in this paragraph shall be applied or construed to make available to the probate courts the information contained in the state case registry pursuant to subsection (e) of Code Section 19-11-39;

(3)(A) The father has, during the lifetime of the child, executed a sworn statement signed by the father attesting to the parent-child relationship, including, but not limited to:

(i) A voluntary acknowledgment of legitimation that was valid under the former provisions of Code Section 19-7-21.1 and was executed on or before June 30, 2016;

(ii) A voluntary acknowledgment of paternity that satisfies the requirements of subsection (b) of Code Section 19-7-46.1 and is neither timely rescinded nor successfully challenged as provided by subsection (b) or (c) of Code Section

19-7-46.1;

(iii) An acknowledgment of paternity made under oath pursuant to Code Section 19-11-13; or

(iv) A voluntary acknowledgment of paternity that is admissible to establish parentage of the child under subsection (j) of Code Section 19-11-135.;

(B) However, provided, however, that when the court determines by clear and convincing evidence that the father caused his child to be conceived as a result of having nonconsensual sexual intercourse with the mother of his child or when the mother is less than ten years of age, such sworn statement shall be insufficient for purposes of this subsection;

(4) During The father has, during the lifetime of the child,:

(A) The father has signed the birth certificate of the child; or

(B) The name or social security account number of the father appears on the birth certificate of the child or on a certified copy of such birth certificate with the written consent of the father in the manner provided by subsection (a) of Code Section

19-7-46.1 or paragraph (2) of subsection (e) of Code Section 31-10-9; or

(C) The father has acknowledged paternity and the social security account information of the father has been entered on the birth certificate of the child in the manner provided by subsection (a) of Code Section 31-10-9.1;

(5) During the lifetime of the child, the father has otherwise acknowledged paternity under oath in any manner satisfying the definition set forth in paragraph (14) of Code Section 19-11-3 or the requirements of subsection (a) of Code Section 19-11-14; provided, however, that, when the court determines by clear and convincing evidence that the father caused his child to be conceived as a result of having nonconsensual sexual intercourse with the mother of his child or when the mother is less than ten years of age, such acknowledgment under oath shall be insufficient for purposes of this subsection; or (5)(6) The presumption of paternity described in division (2)(B)(ii) of Code Section 53-2-3 has been established and has not been rebutted by the presentation of clear and convincing evidence as determined by the trier of fact.

(c) In determining whether clear and convincing evidence has been presented under paragraph (6) of subsection (b) of this Code section, the trier of fact may consider and determine the relevance, materiality, and weight of any admissible evidence; provided, however, that the requirement of reasonable certainty only, as provided by subsection (a) of Code Section 24-14-40, shall not apply to such determination.

(d) Except as provided by division (d)(2)(B)(ii) of Code Section 19-7-22, nothing in subsection (b) of this Code section shall be applied or construed to abrogate or limit:

(1) The jurisdiction of a probate court or a superior court under Code Section 53-2-20 to resolve judicially the identity or interest of any heir in accordance with Article 2 of this chapter; or

(2) The effect of the findings of such a court in such a proceeding pursuant to Code Section 53-2-26.

(e) The limitation imposed by subsection (b) of Code Section 19-11-14 upon the full faith and credit to be given by the courts of this state to a determination of paternity made by another state shall not affect the rights of inheritance of the father of a child born out of wedlock, the other children of the father, and other paternal kin under a voluntary acknowledgment or an administrative or judicial determination otherwise satisfying the requirements of subsection (b) of this Code section."

SECTION 37.

Said title is further amended by revising Code Section 53-2-5, relating to inheritance from children conceived by artificial insemination, as follows:

"53-2-5.

(a) An individual conceived by artificial insemination, in vitro fertilization, or other similar method of assisted reproduction and presumed legitimate in accordance with Code Section 19-7-21 shall be considered a child of the parents and entitled to inherit under the laws of intestacy from the parents and from relatives of the parents, and the parents and relatives of the parents shall likewise be entitled to inherit as heirs from and through such individual.

(b) Subsection (a) of this Code section shall be subject to Article 2 of Chapter 8 of Title 19, and, in the event of a conflict, the provisions of such article shall prevail."

SECTION 38.

Said title is further amended by adding a new Code section to Article 1 of Chapter 2, relating to descent and distribution, to read as follows:

"53-2-9.

As used in this article, the term 'child born out of wedlock' shall have the same meaning as set forth in Code Section 19-7-23."

SECTION 39.

Said title is further amended by revising Code Section 53-2-20, relating to jurisdiction of probate or superior court, as follows:

"53-2-20.

(a) The identity or interest of any heir may be resolved judicially upon application to the probate court that has jurisdiction by virtue of a pending administration or that would have jurisdiction in the event of an administration of the estate of the decedent. Alternatively, the petition may be filed in the superior court of the county where the probate court having jurisdiction, as defined in this Code section, is located; provided, however, that, if the petition is filed in connection with a contested proceeding to determine a purported heir's entitlement to a year's support from the decedent's estate pursuant to Chapter 3 of this title, such petition must be filed in the probate court having jurisdiction. (b) The proceedings for the determination of such questions shall conform to the requirements set forth in this article.

(c) Regardless of its terms, an agreement, other than an agreement approved in accordance with Article 3 of Chapter 7 of Title 19 by a court having jurisdiction under Code Section 19-7-40, between an alleged or presumed father of an individual claiming to be an heir and such individual claiming to be an heir or the mother of such individual claiming to be an heir shall not bar a petition under this article."

SECTION 40.

Said title is further amended by revising Code Section 53-2-21, relating to filing of petition, as follows:

"53-2-21.

(a) Any personal representative, guardian, conservator, committee, trustee, trust director, other fiduciary, or other person having a status which that either by operation of law or pursuant to written instrument devolves upon such person a duty of distributing property to heirs may file a petition for determination of heirship as provided in Code Section

53-2-20. The petition shall allege:

(1) The the names, addresses, ages, and relationship, so far as known to the petitioner, of all parties at in interest, other than creditors, and the nature and character of such interests.; and

(2) Whether The petition shall further allege whether the petitioner has reason to apprehend that there may be others entitled to participate in the distribution whose names 1000 are unknown to the petitioner.

1001 (b) With respect to the estate of a decedent who the petitioner knows or has reason to 1002 apprehend is an obligor within the meaning of subparagraph (B) of paragraph (17) of Code 1003 Section 19-11-101, an individual who is an obligee within the meaning of subparagraph (C) 1004 of paragraph (16) of Code Section 19-11-101 is a party in interest for purposes of 1005 subsection (a) of this Code section."

1006 SECTION 41.

1007 Said title is further amended by revising Code Section 53-2-22, relating to petition by person 1008 claiming to be heir or distributee, as follows:

1009 "53-2-22.

1010 (a) Any individual claiming to be an heir or any person in any way interested as a 1011 distributee in any property under the laws of intestacy may apply to either the probate court 1012 or the superior court specified in Code Section 53-2-20 to have the claim of heirship and 1013 quantity of interest established. The petition in such a case shall contain the same 1014 averments as to all parties at in interest required of persons filing under Code Section 1015 53-2-21 with the person charged with the duty of distribution being named as a party. 1016 (b) With respect to the estate of a decedent who is an obligor within the meaning of 1017 subparagraph (B) of paragraph (17) of Code Section 19-11-101, an individual who is an 1018 obligee within the meaning of subparagraph (C) of paragraph (16) of Code Section 1019 19-11-101 is a party in interest who may file a petition for determination of heirship under 1020 subsection (a) of this Code section."

1021 SECTION 42.

1022 Said title is further amended by revising Code Section 53-2-23, relating to superior court 1023 procedure, as follows:

1024 "53-2-23.

1025 (a) Upon the filing in a superior court of a petition described in Code Section 53-2-21 or 1026 53-2-22, service on the parties in interest shall be effected in the same manner as prescribed 1027 in cases in which equitable relief is sought; and the provided, however, that the superior 1028 court additionally may order service in the manner provided by Code Section 19-7-41. The 1029 case shall thereafter proceed to judgment in the manner provided for such cases by the rules 1030 of practice in the superior courts.

1031 (b) With respect to a direct request seeking determination of parentage of a child pursuant 1032 to Part 7 of Article 3 of Chapter 11 of Title 19 that is filed by a petitioner in the superior 1033 court as a designated tribunal under subsection (a) of Code Section 19-11-102, this article 1034 shall apply in the proceeding, as provided by subsection (a) of Code Section 19-11-184, to 1035 the extent the petitioner seeks such determination of parentage for the purpose of 1036 establishing the identity or interest of such child as an heir of the decedent; provided, 1037 however, that nothing in this subsection shall be applied or construed to expand or extend 1038 the jurisdiction of the probate courts for purposes of Article 3 of Chapter 11 of Title 19, the 1039 'Uniform Interstate Family Support Act,' or to expand or extend the jurisdiction of the 1040 Office of State Administrative Hearings and the Department of Human Services for 1041 purposes of this article."

1042 SECTION 43.

1043 Said title is further amended by revising Code Section 53-2-24, relating to probate court 1044 procedure, as follows:

1045 "53-2-24.

1046 Upon the filing in a probate court of a petition described in Code Section 53-2-21 or 1047 53-2-22, a citation shall be issued and parties in interest shall be served as provided in 1048 Chapter 11 of this title; provided, however, that the probate court additionally may order 1049 service in the manner provided by Code Section 19-7-41." 1050 SECTION 44.

1051 Said title is further amended by revising Code Section 53-2-25, relating to intervention by 1052 person claiming to be heir or distributee, as follows:

1053 "53-2-25.

1054 Any individual claiming to be an heir or any person in any way interested as a distributee 1055 and who is not named as such in any petition filed and pending under this article may file 1056 a motion to intervene in the proceeding pursuant to Code Section 9-11-24." 1057 SECTION 45.

1058 Said title is further amended by revising Code Section 53-2-26, relating to effect of findings 1059 of court, as follows:

1060 "53-2-26.

1061 (a) In the absence of fraud, the findings of the superior court or the probate court in a 1062 proceeding brought under this article shall be binding and conclusive as to every person 1063 and as to every issue decided.

1064 (b) With respect to the judgment of the superior court or the probate court in a proceeding 1065 brought under this article, nothing in subsection (a) of this Code section shall be applied 1066 or construed to abrogate or infringe:

1067 (1) Any right of appeal provided by Title 5; or

1068 (2) Any right to relief provided by Code Section 9-11-60." 1069 SECTION 46.

1070 Said title is further amended by revising Code Section 53-2-27, relating to DNA testing for 1071 kinship, procedure, and costs, as follows:

1072 "53-2-27.

1073 (a)(1) When the kinship of any party in interest to a decedent is in controversy in any 1074 proceeding under this article, a probate court or superior court may order the removal and 1075 testing of deoxyribonucleic acid (DNA) samples from the remains of the decedent and 1076 from any party in interest whose kinship to the decedent is in controversy for purposes 1077 of comparison and determination of the statistical likelihood of such kinship; provided, 1078 however, that no DNA testing shall be ordered with respect to any party in interest whose 1079 kinship to the decedent was created or terminated by a decree of adoption, pursuant to 1080 subsection (a) of Code Section 19-8-19, unless the right of inheritance of such party in 1081 interest was not affected by the adoption, pursuant to subsection (b) of Code Section 1082 19-8-19, or if such party in interest was conceived by means of artificial insemination, 1083 in vitro fertilization, or other similar method of assisted reproduction; and provided, 1084 further, that, for purposes of this subsection, a decree of adoption shall include: 1085 (A) Any such decree entered pursuant to Article 1 of Chapter 8 of Title 19; 1086 (B) Any such decree recognized in this state pursuant to Code Section 19-8-22; or 1087 (C) A final order entered pursuant to Code Section 19-8-43. 1088 (2) The court may order the disinterment of the decedent's remains if reasonably 1089 necessary to obtain such DNA samples for testing under this subsection. 1090 (b) The An order pursuant to subsection (a) of this Code section may be made entered only 1091 on motion for good cause shown and upon notice to all parties in interest, and such order 1092 shall specify the time, place, manner, conditions, and scope of the removal and testing of 1093 samples, and the person or persons by whom it is such removal and testing of DNA 1094 samples are to be made. When such motion is made prior to the birth of a child whose 1095 kinship to the decedent is in controversy, such order shall direct that the DNA testing be 1096 conducted as soon as medically feasible after the birth of such child and may stay the 1097 proceedings until after the child's birth except service of notice; provided, however, that 1098 the requirements of paragraph (1) of subsection (b) of Code Section 53-2-1 shall remain 1099 applicable to such child. Such motion, when made by a party in interest, shall be supported 1100 by affidavit setting forth:

1101 (1) The factual basis for a reasonable belief that the party in interest whose kinship to the 1102 decedent is in controversy is or is not so related; and

1103 (2) If disinterment of the decedent's remains is sought, the factual basis for a reasonable 1104 belief that reliable DNA samples from the decedent are not otherwise reasonably 1105 available from any other source.

1106 (c) Upon request of a party in interest to a proceeding under this article or as ordered by 1107 the court on its own motion in the exercise of its discretion, the movant shall, within ten 1108 days after such request is made or such order is entered, but in no event later than ten days 1109 prior to the date of a hearing at which such report may be introduced into evidence, deliver 1110 to all parties in interest a copy of a detailed written report of the tester and of any other 1111 expert or other qualified person involved in the determination of such statistical likelihood 1112 setting out his or her findings, including the results of all tests made and conclusions or 1113 opinions based thereon. Unless a party in interest objects in writing within seven days after 1114 receiving such report and prior to the date of such hearing, such report shall be admitted 1115 in evidence without the need for foundation testimony or other proof of authenticity or 1116 accuracy. When a timely objection is filed, such report shall be admitted in evidence when 1117 offered by a duly qualified licensed practicing physician, duly qualified immunologist, or 1118 other duly qualified person; provided, however, that in all cases the court shall determine 1119 the number and qualifications of the experts. Other relevant evidence shall be admitted as 1120 is deemed appropriate by the court. To provide any party in interest an adequate 1121 opportunity to be heard or as otherwise appears reasonably necessary to a just 1122 determination in a proceeding under this article, the court shall grant a continuance of any 1123 such hearing. Upon motion of any party in interest or on the court's own motion, any 1124 hearing or trial held in a proceeding under this article may be held in closed court without 1125 any person other than those necessary to the proceeding being admitted. 1126 (d)(1) The costs of obtaining and testing of such DNA samples, including the costs of 1127 disinterment and reinterment of the remains of the decedent, if necessary, as well as the 1128 costs of providing the report, shall be assessed against and paid by the moving party, and 1129 the court may award such costs as part of its final decree; provided, however, that the 1130 court may, in its discretion after all parties in interest have been given reasonable 1131 opportunity to be heard, cast all or part of such costs against one or more parties in 1132 interest upon entering a finding of fact that any such party has asserted in bad faith a 1133 position with respect to the kinship in controversy in a proceeding under this article or 1134 has failed unreasonably to cooperate with an order for DNA testing entered pursuant to 1135 this Code section. The costs of disinterment may include a reasonable fee for services 1136 provided by a cemetery company in connection therewith, subject to the limitation upon 1137 such charges imposed by subsection (d) of Code Section 10-14-17. 1138 (2) Except as otherwise provided by paragraph (1) of this subsection, the court may, in 1139 its discretion after all parties in interest have been given reasonable opportunity to be 1140 heard, order reasonable fees of counsel, experts, and guardians ad litem and other costs 1141 of the proceeding, including pretrial proceedings, to be paid by the parties in interest in 1142 proportions and at times determined by the court.

1143 (3) The trier of fact shall receive without foundation or the need for third-party testimony 1144 evidence of the costs and fees provided for by this subsection, and the evidence so 1145 presented shall constitute prima-facie evidence of the amounts of the costs so incurred. 1146 Copies of bills for the obtaining and testing of DNA samples, including the costs of 1147 disinterment and reinterment of the remains of the decedent, if necessary, furnished to all 1148 parties in interest at least ten days prior to the date of a hearing at which such copies of 1149 bills may be introduced into evidence, are admissible in evidence to prove that the 1150 charges billed were reasonable, necessary, and customary; provided, however, that 1151 nothing in this paragraph shall be construed to limit the right of a thorough and sifting 1152 cross-examination as to such evidence.

1153 (e) DNA testing performed pursuant to this Code section shall be conducted by a 1154 laboratory certified by the American Association of Blood Banks, shall be conducted so 1155 that the results meet the standards the American Association of Blood Banks requires in 1156 order for such results to be admitted as evidence in a court of law, and shall be performed 1157 by a duly qualified licensed practicing physician, duly qualified immunologist, or other 1158 duly qualified person; provided, however, that in all cases the court before which 1159 proceedings on the estate are pending shall determine the number and qualifications of the 1160 experts.

1161 (f) An order for DNA testing entered pursuant to this Code section shall be enforceable by 1162 contempt; provided, however, that, if the movant refuses to submit to such an order, the 1163 court may, in its discretion after all parties in interest have been given reasonable 1164 opportunity to be heard, dismiss or strike the movant's pleadings upon motion by any party 1165 in interest or on the court's own motion.

1166 (g) Except as ordered by the court for good cause shown pursuant to subsection (b) of this 1167 Code section, the genetic material collected for DNA testing performed pursuant to this 1168 Code section:

1169 (1) If collected through the disinterment of the decedent's remains, shall be destroyed 1170 within a reasonable time as determined by the court;

1171 (2) If made available from a source other than through the disinterment of the decedent's 1172 remains, shall be destroyed or returned in the manner reasonably directed by such source 1173 or in accordance with such source's standard rules and regulations; and 1174 (3) Shall not be shared with any other person or entity except to the extent reasonably 1175 necessary for compliance with paragraphs (1) and (2) of this subsection. 1176 (h) The disinterment and reinterment of the decedent's remains in accordance with a court 1177 order entered pursuant to subsection (a) of this Code section: 1178 (1) Shall not require a permit under Code Section 12-3-52, 12-3-82, or 36-72-4 as a 1179 condition precedent to such disinterment;

1180 (2) Shall not require authorization under subsection (f) of Code Section 31-10-20 as a 1181 condition precedent to such disinterment or reinterment; 1182 (3) Shall not constitute a disturbance, destruction, defacing, mutilation, removal, or 1183 exposure of interred human remains under Code Section 31-21-6; 1184 (4) Shall not constitute a violation of any provision of Code Section 31-21-44; 1185 (5) Shall be supervised, monitored, or carried out as provided in Code Section 36-72-15 1186 when such disinterment or reinterment is in an abandoned cemetery or burial ground, as 1187 defined in Code Section 36-72-2; provided, however, that nothing in Code Section 1188 36-72-15 shall affect the assessment, allocation, or payment of costs ordered by the court 1189 pursuant to subsection (d) of this Code section; and

1190 (6) May be done by any person who is or is able to be authorized to disinter the remains 1191 of a human body under Code Section 45-16-45 or subsection (b) of Code Section 1192 45-16-51; provided, however, that nothing in this paragraph shall limit the persons whom 1193 the court may designate to perform such disinterment pursuant to subsection (b) of this 1194 Code section.

1195 (i) Any person disinterring or reinterring a decedent's remains in accordance with a court 1196 order entered pursuant to subsection (a) of this Code section shall be deemed to be a person 1197 having duties imposed upon that person relating to the possession or disposition of dead 1198 bodies while in the performance of said duties within the meaning of subsection (b) of 1199 Code Section 31-21-44.

1200 (j) DNA testing performed pursuant to this Code section shall be deemed to be genetic 1201 testing conducted to obtain information for therapeutic or diagnostic purposes within the 1202 meaning of subsection (a) of Code Section 33-54-3; provided, however, that DNA testing 1203 performed pursuant to this Code section may be conducted without written consent prior 1204 to the decedent's death.

1205 (k) Any court issuing an order with respect to a determination of heirship under this article 1206 shall not, insofar as possible, attach the written results from DNA testing to any pleading 1207 or court order."

1208 SECTION 47.

1209 Said title is further amended by adding a new Code section to Article 2 of Chapter 2, relating 1210 to judicial determination of heirs and interests, to read as follows: 1211 "53-2-28.

1212 (a) Any proceeding brought under this article is a civil action, which shall be governed by 1213 the rules of civil procedure except as otherwise expressly provided in this article. Except 1214 to the extent otherwise provided in Code Section 53-2-27, expressly provided in this Code 1215 section, or modified by another applicable statute, the common law as expounded by 1216 Georgia courts shall continue to be applied to the admission and exclusion of evidence and 1217 to procedures at trial in proceedings brought under this article. 1218 (b) If in any proceeding brought under this article no answer or objection has been filed 1219 within the time required by Chapter 11 of this title or by Chapter 11 of Title 9, the 'Georgia 1220 Civil Practice Act,' as applicable, the case shall automatically become in default unless the 1221 time for filing such answer or objection has been extended as provided by law. In any 1222 proceeding brought under this article that has become in default: 1223 (1) In the probate court, the default thereafter shall be governed by Code Section 1224 15-9-47; and

1225 (2) In the superior court, the default thereafter shall be governed by Code Section 1226 9-11-55.

1227 (c) In proceedings under this article, the provisions of Title 19 shall be supplemental to the 1228 provisions of this title, and the provisions of this title shall be construed and applied in para 1229 materia with the provisions of Title 19, except to the extent that the provisions of Title 19 1230 are in conflict with or are incompatible with the provisions of this title." 1231 SECTION 48.

1232 Said title is further amended by revising subsection (c) of Code Section 53-2-40, relating to 1233 petition, as follows:

1234 "(c) The personal representative of the estate of a deceased heir is authorized to agree to 1235 the division on behalf of that such heir. If the estate of a deceased heir has no personal 1236 representative, such deceased heir's estate may be represented in the proceeding by a 1237 guardian, pursuant to Code Section 53-11-2, and such guardian is authorized to agree to the 1238 division on behalf of such heir."

1239 SECTION 49.

1240 Said title is further amended by revising subsection (b) of Code Section 53-2-51, relating to 1241 procedure, as follows:

1242 "(b) Upon filing of the petition, the probate court:

1243 (1) Shall shall issue a citation as provided in Chapter 11 of this title, requiring the heirs, 1244 if any, to file any objection to the petition by a date that is at least 60 days from the date 1245 of the citation,;

1246 (2) Shall and shall order notice by publication to all heirs of the decedent as provided in 1247 Code Section 53-11-4; and

1248 (3) May direct any additional service, as provided in Code Section 53-11-5." 1249 SECTION 50.

1250 Said title is further amended by revising paragraph (2) of subsection (b) of and by adding a 1251 new subsection to Code Section 53-4-5, relating to written statement or list disposing of 1252 items of tangible personal property, to read as follows:

1253 "(2) Describes the items and the beneficiaries recipients thereof with reasonable 1254 certainty; and"

1255 "(c) A written statement or list meeting the requirements of subsection (b) of this Code 1256 section shall not be deemed to be the testator's will or a part of such testator's will." 1257 SECTION 51.

1258 Said title is further amended by adding a new subsection to Code Section 53-4-20, relating 1259 to required writing, signing, witnesses, and codicil, to read as follows: 1260 "(d) A will or codicil that was executed or attested pursuant to the authority of the 1261 Governor's Executive Order 04.09.20.01 shall not be treated as invalid solely because it 1262 was not executed or attested in the testator's physical presence." 1263 SECTION 52.

1264 Said title is further amended by revising Code Section 53-5-8, relating to notice to 1265 beneficiary provided by personal representative and representation for beneficiaries, as 1266 follows:

1267 "53-5-8.

1268 (a) As used in this Code section, the term 'beneficiary' means a person, including a trust, 1269 that is designated in a will to take an interest in real or personal property; that has a present 1270 interest, including, but not limited to, a vested remainder interest, but not including a trust 1271 beneficiary where there is a trustee who is not also the personal representative required to 1272 give notice; and whose identity and whereabouts are known or may be determined by 1273 reasonable diligence. The personal representative shall have a duty to notify the 1274 beneficiaries of a testate estate of the probate of the will and the name and mailing address 1275 of such personal representative; provided, however, that notice shall not be required to be 1276 given to any beneficiary who:

1277 (1) Has waived such right to notification in writing; 1278 (2) Acknowledged service of and assented to the petition to probate the will, if such 1279 personal representative was a petitioner; or

1280 (3) Is such personal representative.

1281 Such notification shall be given within six months from the date of qualification of the first 1282 personal representative of a testate estate to serve. 1283 (b) Within 30 days following the issuance of letters testamentary or letters of 1284 administration with the will annexed to the personal representative of a testate estate, such 1285 personal representative shall send to all beneficiaries by certified or registered mail or 1286 statutory overnight delivery, with return receipt requested, to his or her last known address 1287 a notice informing such beneficiaries of the issuance of such letters to the personal 1288 representative and providing the name, mailing address, and telephone number of such 1289 personal representative. Provided, however, that notice shall not be required to any 1290 beneficiary who has waived such right to notification in writing. Within 60 days following 1291 the issuance of such letters, such personal representative shall file with the probate court 1292 true and correct copies of such waivers and notices, the return receipts for each, and, with 1293 respect to any such beneficiary whose identity and whereabouts are unknown, an affidavit 1294 of diligent search attesting under oath to the efforts of such personal representative to 1295 identify and locate such beneficiary.

1296 (c) A personal representative who, without sufficient cause, either fails to provide accurate 1297 information regarding such personal representative's name, mailing address, and telephone 1298 number within five business days of a request for such information by a beneficiary or by 1299 the probate court or otherwise fails to comply with the requirements of subsection (b) (a) 1300 of this Code section, may be cited to appear and show cause as to why the personal 1301 representative's letters should not be revoked in the same manner as pursuant to Code 1302 Section 53-6-53.

1303 (c) Where there is a trust that is a beneficiary of a testate estate and there is not a trustee 1304 who is not the personal representative, any notice or citation required by this Code section 1305 shall be given to and may be waived by each beneficiary of such trust to whom income or 1306 principal is required or authorized in the trustee's discretion to be distributed currently. For 1307 purposes of this Code section, a trust beneficiary may be represented as provided in Code 1308 Section 53-12-8.

1309 (d) For purposes of this Code section, a trust beneficiary may be represented as provided 1310 in paragraph (3) of subsection (b) of Code Section 53-7-50. Nothing in this Code section 1311 shall alter or affect any time period established by Code Section 53-7-42, subsection (d) 1312 of Code Section 53-8-15, or other applicable law."

1313 SECTION 53.

1314 Said title is further amended by revising Code Section 53-6-1, relating to eligibility, as 1315 follows:

1316 "53-6-1.

1317 Any individual who is sui juris, regardless of citizenship or residency, is eligible to serve 1318 as a personal representative or temporary administrator of the estate of a decedent who dies 1319 domiciled in this state, subject to the requirements for qualification set forth in this chapter. 1320 Any other person is eligible to serve as a personal representative or temporary 1321 administrator of the estate of a decedent who dies domiciled in this state, subject to the 1322 requirements set forth in this chapter, provided the that such person is otherwise qualified 1323 to act as a fiduciary in this state pursuant to Code Section 7-1-242, Article 15 of Chapter 1324 12 of this title, or other applicable law."

1325 SECTION 54.

1326 Said title is further amended by revising subsections (b) and (c) of Code Section 53-6-50, 1327 relating to persons required to give and determination of amounts, as follows: 1328 "(b) A national banking association having the power to act as a fiduciary in Georgia 1329 pursuant to Code Section 7-1-242, Article 15 of Chapter 12 of this title, or other applicable 1330 law or a bank or trust company organized under the laws of this state that seeks to qualify 1331 as a personal representative of an intestate estate or temporary administrator shall not be 1332 required to give bond for the faithful performance of its duties unless its combined capital, 1333 surplus, and undivided profits are less than $400,000.00 as reflected in its last statement 1334 filed with the comptroller of the currency of the United States or the commissioner of 1335 banking and finance or unless the instrument under which it seeks to qualify expressly 1336 provides that it shall give bond.

1337 (c) A person petitioning to qualify as a personal representative of an intestate estate may 1338 be relieved from the requirement for giving bond by the unanimous consent of the heirs of 1339 the estate in the same manner as provided in subsection (b) of Code Section 53-7-1 for the 1340 granting of powers to a personal representative. With respect to any heir who is not sui 1341 juris, consent may be given by the guardian of the individual, pursuant to Code Section 1342 53-11-2. The personal representative of the estate of a deceased heir is authorized to 1343 consent for that heir. If the estate of a deceased heir has no personal representative, such 1344 deceased heir's estate may be represented in the proceeding by a guardian, pursuant to Code 1345 Section 53-11-2, and such guardian is authorized to consent for that heir. In no case may 1346 consent on behalf of an heir who is not sui juris or a deceased heir whose estate has no 1347 personal representative be effective if the person consenting is the person petitioning to 1348 serve as personal representative."

1349 SECTION 55.

1350 Said title is further amended by revising subsection (a) of Code Section 53-6-60, relating to 1351 amount, as follows:

1352 "(a)(1) As used in this subsection, the terms 'beneficiary' and 'heir' shall apply as set forth 1353 in Code Section 53-7-68.

1354 (2) A personal representative Personal representatives shall be compensated as specified 1355 in either the will or any a written agreement entered into by the decedent and the personal 1356 representative prior to the decedent's death or a written agreement signed by all the 1357 beneficiaries of a testate estate affected by the personal representative's compensation or 1358 by all the heirs of an intestate estate. In the absence of such a written agreement, a 1359 personal representative shall be compensated as specified in the will. A written 1360 agreement between a testator and a personal representative shall be valid and binding 1361 upon the estate of the testator as fully and completely as if set forth in and made a part 1362 of the will.

1363 (3) If a beneficiary of a testate estate or an heir of an intestate estate is not sui juris, the 1364 duly acting guardian or conservator of such heir or beneficiary shall be authorized to sign 1365 an agreement specifying the compensation of the personal representative." 1366 SECTION 56.

1367 Said title is further amended by revising paragraph (2) of subsection (b) of Code Section 1368 53-7-1, relating to general powers and duties of personal representative and additional 1369 powers, as follows:

1370 "(2) With respect to any beneficiary of a testate estate or heir of an intestate estate who 1371 is not sui juris, the consent required by paragraph (1) of this subsection may be given by 1372 such beneficiary's or heir's duly acting conservator or guardian. The personal 1373 representative of the estate of a deceased beneficiary or heir shall be authorized to 1374 consent on behalf of such deceased beneficiary or heir. If the estate of a deceased 1375 beneficiary or heir has no personal representative, such deceased beneficiary's or heir's 1376 estate may be represented in the proceeding by a guardian, pursuant to Code Section 1377 53-11-2, and such guardian shall be authorized to consent on behalf of such deceased 1378 beneficiary or heir."

1379 SECTION 57.

1380 Said title is further amended by revising subsection (a) of Code Section 53-7-5, relating to 1381 powers, duties, and liabilities if more than one personal representative and safe deposit boxes 1382 or receptacles, as follows:

1383 "(a) If more than one personal representative is qualified and unless the will provides 1384 otherwise:

1385 (1) The personal representatives must shall act by their unanimous action; provided, 1386 however, that, while a personal representative is unable to act because of inaccessibility, 1387 illness, or other incapacity, or when a vacancy occurs for any other reason, the remaining 1388 personal representatives may act as if they were the only personal representatives if 1389 necessary to administer the estate; and

1390 (2) The personal representatives may delegate in writing to one or more of them the 1391 authority to act for all of them; provided, however, that such delegation must satisfy the 1392 requirements of Code Sections 10-6B-5 and 10-6B-40, and that all the personal 1393 representatives remain liable for the actions of the personal representative who is 1394 authorized to act."

1395 SECTION 58.

1396 Said title is further amended by revising subsection (b) of Code Section 53-7-32, relating to 1397 waiver of right to receive and relieving personal representative of duty to make, as follows: 1398 "(b) By unanimous written consent, the beneficiaries of a testate estate or the heirs of an 1399 intestate estate may authorize the probate court to relieve the personal representative of the 1400 duty to make inventory in the same manner as described provided in subsection (b) of Code 1401 Section 53-7-1 for the granting of powers to a personal representative. Any such 1402 unanimous written consent, regardless of the date of execution, which that relieves the 1403 personal representative from making inventory shall also relieve the personal representative 1404 from sending a copy of the inventory to the heirs or beneficiaries." 1405 SECTION 59.

1406 Said title is further amended by revising subsections (b) and (d) of Code Section 53-7-41, 1407 relating to notice for creditors to render accounts, notification of creditors' claims, 1408 requirement of reasonable additional proof or accounting, and failure of creditors to give 1409 notice of claims, as follows:

1410 "(b) The Every personal representative shall, within 60 days from the date of qualification, 1411 publish a notice directed generally to all of the creditors of the estate to notify the personal 1412 representative of their claims and render an account of their demands for payment thereon. 1413 The personal representative's notice shall be published once a week for four weeks in the 1414 official newspaper of the county in which the personal representative qualified. No 1415 particular form shall be required for creditors to notify the personal representative of their 1416 claims, and such notification of a creditor's claim shall be sufficient for purposes of this 1417 Code section if given in writing, providing an account number or other identifying 1418 information or itemization adequate to establish the indebtedness as an obligation of the 1419 estate, and stating the principal balance and any applicable interest or other additional 1420 charges lawfully owed. An invoice or account statement satisfying the requirements of the 1421 preceding sentence of this subsection and generated by a creditor in the ordinary course of 1422 such creditor's business shall constitute sufficient notification to the personal representative 1423 of such creditor's claim if the personal representative actually receives such notification of 1424 the claim or if such creditor files such notification with the probate court having 1425 jurisdiction over the decedent's estate or sends such notification of the claim by electronic 1426 transmission, other form of wire or wireless communication, or by first-class mail or 1427 private carrier to the address of the decedent, the personal representative, or the attorney 1428 representing the personal representative; provided, however, that a notification of a claim 1429 sent by a creditor by electronic communication to an account for which the decedent is the 1430 user shall constitute sufficient notification to the personal representative of such creditor's 1431 claim only if the content of such electronic communication lawfully is disclosed to the 1432 personal representative pursuant to Chapter 13 of this title. As used in this subsection, the 1433 terms 'account',' 'content of an electronic communication',' 'electronic communication',' and 1434 'user' shall have the meaning provided by Code Section 53-13-2." 1435 "(d) Creditors who fail to notify the personal representative of their claims in the manner 1436 provided by subsection (b) of this Code section within three months from the date of 1437 publication of the personal representative's last notice shall lose all rights to an equal 1438 participation with creditors of equal priority to whom distribution is made before sufficient 1439 notification of such claims is given to the personal representative, and they may not hold 1440 the personal representative liable for a misappropriation of the funds. If, however, there 1441 are assets in the hands of the personal representative sufficient to pay such debts and if no 1442 claims of greater priority are unpaid, the assets shall be thus appropriated notwithstanding 1443 the failure of such creditors to timely notify the personal representative of their claims in 1444 a timely manner."

1445 SECTION 60.

1446 Said title is further amended by revising subsection (a) of Code Section 53-7-50, relating to 1447 petition by personal representative for discharge, citation and publication, hearing, and 1448 subsequently discovered estate, as follows:

1449 "(a) A personal representative who has fully performed all duties or who has been allowed 1450 to resign may petition the probate court for discharge from the office and from all liability. 1451 The petition shall:

1452 (1) State state that the personal representative has fully administered the estate of the 1453 decedent;

1454 (2) Set and shall set forth the names and addresses of all known heirs of an intestate 1455 decedent or beneficiaries of a testate decedent, including, as applicable, the personal 1456 representative of the estate of or any persons who succeeded to the interest of any heir or 1457 beneficiary who died after the decedent died;

1458 (3) Name, and shall name which of the heirs or beneficiaries is or should be represented 1459 by a guardian. The petition shall state as provided in Code Section 53-11-2, including, 1460 as applicable, any heir or beneficiary who died after the decedent died whose estate has 1461 no personal representative;

1462 (4) State that the personal representative has paid all claims against the estate or shall 1463 enumerate which claims of the estate have not been paid and the reason for such 1464 nonpayment.; and

1465 (5) State The petition shall also state that the personal representative has filed all 1466 necessary inventory and returns or, alternatively, has been relieved of such filings by the 1467 testator, the heirs or beneficiaries, or the probate court." 1468 SECTION 61.

1469 Said title is further amended by revising Code Section 53-7-68, relating to mailing of return 1470 to heirs and beneficiaries and relieving personal representative of duty to file return, as 1471 follows:

1472 "53-7-68.

1473 (a) As used in this Code section, the term:

1474 (1) 'Beneficiary' shall not apply to a person who is designated in a will to take an interest 1475 in real or personal property after such person's interest in the estate has been satisfied. 1476 (2) 'Heir' shall not apply to an individual who survives the decedent and is determined 1477 under the rules of inheritance to take the property of the decedent that is not disposed of 1478 by will after such individual's interest in the estate has been satisfied. 1479 (b) Upon filing the annual return with the probate court, the personal representative shall 1480 mail send by first-class mail:

1481 (1) To each heir of an intestate estate or each beneficiary of the residue of a testate estate, 1482 a copy of the return, but not the vouchers; and, to each heir of an intestate estate or each 1483 beneficiary of a testate estate. It

1484 (2) To each beneficiary of a specific, demonstrative, or general testamentary gift of a 1485 testate estate, a copy of the portion of the return relevant to the beneficiary's interest in 1486 the estate or other written statement containing such information, but not the vouchers; 1487 provided, however, that it shall not be necessary to mail a copy of the return to any heir 1488 or beneficiary who is not sui juris or for the court to appoint a guardian for such person. 1489 (c) The personal representative shall file with the probate court a verified statement with 1490 the probate court stating that all required mailings of the return to heirs or beneficiaries 1491 have been made that the requirements of subsection (b) of this Code section have been 1492 satisfied.

1493 (d) In the case of a testamentary gift to a trustee of a trust, including, without limitation, 1494 a trust created by the will, the term 'beneficiary' shall apply to the trustee and shall not 1495 apply to the beneficiaries of the trust, provided that: 1496 (1) If each trustee of the trust is also a personal representative of the estate, the term 1497 'beneficiary' shall apply to those persons who, if the trust were funded, would be entitled 1498 to annual reports from the trustee under subsection (b) of Code Section 53-12-243, taking 1499 into account the provisions of the trust instrument and subsections (c) and (d) of Code 1500 Section 53-12-243; and

1501 (2) A beneficiary may be represented as provided in Code Section 53-12-8. 1502 (e) In the case of a deceased heir or beneficiary, the term 'heir' or 'beneficiary' shall apply 1503 to the personal representative of such heir's or beneficiary's estate. 1504 (f) The determination of the persons to whom paragraphs (1) and (2) of subsection (b) of 1505 this Code section apply, including, without limitation, the application of subsection (a), (d), 1506 (e), or (h), shall be made as of the date the annual return was filed with the probate court. 1507 (g) The determination of the persons who are required to constitute unanimous consent 1508 under subsection (j) of this Code section, including, without limitation, the application of 1509 subsection (a), (d), (e), or (h), shall be made as of the date of the petition is filed. 1510 (h) If an heir or beneficiary is not sui juris, such heir's or beneficiary's duly acting 1511 conservator or guardian shall:

1512 (1) After a written request delivered to the personal representative, be entitled to receive 1513 any report or written statement that would be required to be sent to such heir or 1514 beneficiary under subsection (b) of this Code section if such heir or beneficiary were sui 1515 juris; and

1516 (2) Be authorized to give the consent required under subsection (j) of this Code section. 1517 (b)(i) Any heir or beneficiary may waive individually the right to receive a copy of the 1518 annual return or of the portion of the annual return to which such heir or beneficiary would 1519 be entitled under subsection (b) of this Code section by a written statement that is delivered 1520 to the personal representative. Such waiver may be revoked in writing at any time. 1521 (c)(j) As part of a petition, including, but not limited to, the petition for letters 1522 testamentary, letters of administration with the will annexed, or letters of administration 1523 By unanimous written consent, the heirs of an intestate estate or the beneficiaries of a 1524 testate estate may, by unanimous written consent, authorize the probate court to relieve the 1525 personal representative from filing annual returns with them or with the court, the 1526 requirements of subsection (b) of this Code section, or both, in the same manner as 1527 provided in subsection (b) of Code Section 53-7-1 for the granting of powers to a personal 1528 representative. Any such unanimous written consent, regardless of the date of execution, 1529 that relieves the personal representative from filing annual returns with the court shall also 1530 relieve the personal representative from sending a copy of the return to the heirs or 1531 beneficiaries the requirements of subsection (b) of this Code section." 1532 SECTION 62.

1533 Said title is further amended by revising Code Section 53-7-69.1, relating to annual statement 1534 of receipts and disbursements, as follows:

1535 "53-7-69.1.

1536 (a) Except as provided in subsection (b) of this Code section, a A personal representative 1537 shall furnish to the heirs of an intestate estate or the beneficiaries of the residuum of a 1538 testate estate, at least annually, a statement of receipts and disbursements send, at least 1539 annually:

1540 (1) To each heir of an intestate estate or each beneficiary of the residue of a testate estate, 1541 a statement of receipts and disbursements; and

1542 (2) To each beneficiary of a specific, demonstrative, or general testamentary gift of the 1543 testate estate, a statement of any receipts and disbursements relevant to the beneficiary's 1544 interest in the estate.

1545 (b) Any heir or beneficiary may waive individually the right to receive a statement of 1546 receipts and disbursements in the same manner as provided in subsection (b) of Code 1547 Section 53-7-68 for waiving the right to receive a copy of an annual return by a written 1548 statement that is delivered to the personal representative. Such waiver may be revoked in 1549 writing at any time.

1550 (c) The heirs or beneficiaries may authorize the probate court to relieve the personal 1551 representative from furnishing statements of receipts and disbursements in the same 1552 manner as provided in subsection (c) of Code Section 53-7-68 for relieving the personal 1553 representative from filing annual returns. A testator may, by will, dispense with the 1554 necessity of the personal representative's furnishing a statement of receipts and 1555 disbursements in the same manner as provided in Code Section 53-7-69 for dispensing with 1556 the necessity of the personal representative's filing an annual return.; provided, however, 1557 that such dispensation does not work any injury to creditors or persons other than 1558 beneficiaries under the will. It shall not be necessary to furnish a statement of receipts and 1559 disbursements to any heir or beneficiary who is not sui juris or for the probate court to 1560 appoint a guardian for such person.

1561 (d) When a personal representative has been relieved from furnishing statements of 1562 receipts and disbursements, the probate court, on its own motion or on the representation 1563 of any party in interest that the personal representative is mismanaging the estate, shall 1564 order the personal representative to appear and show cause as to why statements of receipts 1565 and disbursements should not be furnished or the personal representative's letters revoked. 1566 Such order shall be served in person on the personal representative at least ten days prior 1567 to the hearing. Failure to show cause shall authorize the court to require statements of 1568 receipts and disbursements to be furnished or to revoke the letters or to take any other 1569 action as may be necessary under the circumstances.

1570 (e) For purposes of this Code section:

1571 (1) The statement provided under subsection (a) of this Code section shall contain the 1572 receipts and disbursements of principal and income that have occurred during the last 1573 complete fiscal year of the estate or since the last accounting to that heir or beneficiary 1574 and a statement of the assets and liabilities of the estate as of the end of the accounting 1575 period, provided that the information in any statement required under paragraph (2) of 1576 subsection (a) of this Code section shall be limited as provided in that paragraph; 1577 (2) The terms 'heir' and 'beneficiary' shall apply as provided in Code Section 53-7-68; 1578 (3) The determination of the persons entitled to receive statements under subsection (a) 1579 of this Code section and the application of this subsection shall be made as of the final 1580 day of the period covered by the statement;

1581 (4) The determination of the persons who may authorize the probate court under 1582 subsection (c) of this Code section and the application of this subsection shall be made 1583 as of the date of the authorization; and

1584 (5) If an heir or beneficiary is not sui juris, such heir's or beneficiary's duly acting 1585 conservator or guardian shall:

1586 (A) After a written request delivered to the personal representative, be entitled to 1587 receive any statement of receipts and disbursements that would be required to be sent 1588 to such heir or beneficiary under subsection (a) of this Code section if such heir or 1589 beneficiary were sui juris; and

1590 (B) Be authorized to give the consent required under subsection (b) of this Code 1591 section.

1592 (f) Nothing in this Code section shall affect the power of the probate court to require or 1593 excuse an accounting under this part, Part 1 of this article, or other applicable law." 1594 SECTION 63.

1595 Said title is further amended by revising Code Section 53-7-72, relating to docket of persons 1596 liable to make returns and failure to make returns, as follows: 1597 "53-7-72.

1598 To ensure annual returns from every personal representative, it It shall be the duty of the 1599 probate court to keep a docket of all those personal representatives who are liable to make 1600 returns and, immediately after the ceasing of the January term or as soon thereafter as the 1601 court deems practical in each year, to cite all defaulters to show cause for their neglect. A 1602 willful and continued failure to make a return shall be good cause for removal." 1603 SECTION 64.

1604 Said title is further amended by revising paragraphs (10) and (14) of and by adding a new 1605 paragraph to Code Section 53-12-2, relating to definitions regarding trusts, to read as 1606 follows:

1607 "(2.1)(A) 'Donor' means a person, including a testator, who contributes property to the 1608 trust, provided that:

1609 (i) If another person makes a transfer of property to the trust, other than as a bona 1610 fide sale for an adequate and full consideration in money or money's worth, for 1611 purposes of Sections 2036 through 2038 of the federal Internal Revenue Code, or if 1612 the value of the property held in the trust is included in the gross estate of another 1613 person under Chapter 11 of the federal Internal Revenue Code, then such other person 1614 shall be the donor; and

1615 (ii) Notwithstanding division (i) of this subparagraph, if a person has the power to 1616 revoke the trust, such term means the person who has the power to revoke the trust. 1617 (B) If a trust has more than one donor, each such person is the donor of the portion of 1618 the trust attributable to the property of which such person is the donor." 1619 "(10)(A) 'Qualified beneficiary' means a living individual or other existing person who, 1620 on the date of determination of beneficiary status:

1621 (A)(i) Is a distributee or permissible distributee of trust income or principal; 1622 (B)(ii) Would be a distributee or permissible distributee of trust income or principal 1623 if the interests of the distributees described in subparagraph (A) of this paragraph 1624 division (i) of this subparagraph terminated on that date without causing the trust to 1625 terminate; or

1626 (C)(iii) Would be a distributee or permissible distributee of trust income or principal 1627 if the trust terminated on that date.

1628 (B) The Attorney General has the rights of a qualified beneficiary with respect to a 1629 charitable trust as defined in Code Section 53-12-170, and a With respect to a charitable 1630 trust as defined in Code Section 53-12-170, the Attorney General has the rights of a 1631 qualified beneficiary. With respect to any trust, including, but not limited to, a 1632 charitable trust, a charitable organization that is expressly designated as a distributee 1633 or permissible distributee of trust income or principal has the rights of a qualified 1634 beneficiary if, on the date of determination, such charitable organization is described 1635 in division (i), (ii), or (iii) of subparagraph (A) of this paragraph. With respect to a trust 1636 that is not a charitable trust and designates a class of unascertainable charitable 1637 beneficiaries as distributees or permissible distributees of trust income or principal, the 1638 Attorney General has the rights of a qualified beneficiary if, on the date of 1639 determination, such unascertainable charitable beneficiaries are described in division 1640 (i), (ii), or (iii) of subparagraph (A) of this paragraph. A person appointed to enforce 1641 a trust created for the care of an animal under Code Section 53-12-28 also has the rights 1642 of a qualified beneficiary."

1643 "(14) 'Trust instrument' means the document, including any testamentary instrument, an 1644 instrument that contains the trust provisions. The trust instrument includes any trust 1645 provisions established, determined, or amended by a trustee or other person in accordance 1646 with the provisions of the trust, a court order, a nonjudicial settlement agreement under 1647 Code Section 53-12-9, or other applicable law."

1648 SECTION 65.

1649 Said title is further amended by revising Code Section 53-12-3, relating to survival of 1650 common law and equity, as follows:

1651 "53-12-3.

1652 Except to the extent that the principles of common law and equity governing trusts are 1653 modified by this chapter or another provision of law, those principles remain the law of this 1654 state. Without limitation:

1655 (1) No provision of this chapter shall be construed to imply that any other Code section 1656 or the common law did not, prior to the enactment of such provision, impose, permit, or 1657 otherwise address a duty, power, relationship, or any other matter governed by such 1658 provision; and

1659 (2) The failure of the General Assembly to codify an established principle of common 1660 law or equity governing trusts shall not be construed as evidence that the General 1661 Assembly intended to reject that principle unless this chapter or another provision of law 1662 is inconsistent with that principle or there is other evidence the General Assembly 1663 intended that such principle should no longer apply." 1664 SECTION 66.

1665 Said title is further amended by revising subsections (d), (h), and (k) of and by adding a new 1666 subsection to Code Section 53-12-8, relating to notice to person permitted to bind another 1667 person, consent on behalf of another person, and representation of others, to read as follows: 1668 "(d) Notwithstanding any other provision of this Code section, a donor A settlor may not 1669 represent and bind a beneficiary under this Code section with respect to the termination or 1670 modification of a trust under Article 4 of this chapter."

1671 "(h) A person who on the date of determination would be eligible to receive distributions 1672 of income or principal from the trust upon the termination of the interests of all persons 1673 then currently eligible to receive distributions of income or principal is a qualified 1674 beneficiary under division (10)(A)(iii) of Code Section 53-12-2 may represent and bind 1675 contingent successor beneficiaries with respect to matters in which there is no conflict of 1676 interest between the representative and the persons represented with respect to a particular 1677 question or dispute."

1678 "(k) Any person whose interests would be affected or who reasonably claims to represent 1679 or bind a person whose interests would be affected may request that the court determine 1680 whether an interest is represented under this Code section or whether the representation is 1681 adequate. If the court determines that an interest is not represented under this Code section, 1682 or that the otherwise available representation might be inadequate, the court may appoint 1683 a representative to receive notice, give consent, and otherwise represent, bind, and act on 1684 behalf of a minor, incapacitated, or unborn individual, or a person whose identity or 1685 location is unknown and not reasonably ascertainable. A representative may be appointed 1686 to represent several persons or interests. A representative may act on behalf of the 1687 individual represented with respect to any matter arising under this chapter, regardless of 1688 whether a judicial proceeding concerning the trust is pending. In making decisions, a 1689 representative may consider the general benefit accruing to the living members of the 1690 individual's family."

1691 "(m) Representation under this Code section is effective for purposes of this chapter, the 1692 trust provisions, or any matter involving a trust."

1693 SECTION 67.

1694 Said title is further amended by revising Code Section 53-12-9, relating to binding 1695 nonjudicial settlement agreement, as follows:

1696 "53-12-9.

1697 (a) Except as provided in subsection (b) of this Code section, the trustee, any trust director, 1698 and all other persons whose interests would be affected may enter into a binding 1699 nonjudicial settlement agreement with respect to any matter involving the trust. 1700 (b) A nonjudicial settlement agreement:

1701 (1) Shall be valid only to the extent it does not violate a material purpose of the trust and 1702 includes terms and conditions that could be properly approved by the court under this 1703 Code section chapter or other applicable law; and 1704 (2) During the settlor's lifetime, shall Shall not be valid with respect to any modification 1705 or termination of an irrevocable trust when the settlor's consent would be required in a 1706 proceeding to approve such modification or termination could be properly approved by 1707 the court only in a proceeding under subsection (b) of Code Section 53-12-61. 1708 (c) The trustee, trust director, and any person whose interests would be affected by a 1709 nonjudicial settlement agreement may request that the court approve such agreement, 1710 determine whether the representation as provided in Code Section 53-12-8 was adequate, 1711 determine whether such agreement violates a material purpose of the trust, determine 1712 whether such agreement contains terms and conditions the court could have properly 1713 approved, or make any other similar determination.

1714 (d) A nonjudicial settlement agreement entered into in accordance with this Code section 1715 shall be final and binding on all parties to such agreement, including individuals not sui 1716 juris, unborn beneficiaries, and persons unknown parties who are represented by a person 1717 who may represent and bind such parties under Code Section 53-12-8, as if ordered by a 1718 court with competent jurisdiction over the trust, the trust property, and the parties. 1719 (e) Entering into or petitioning a court regarding a nonjudicial settlement agreement under 1720 this Code section shall not constitute a violation of a condition in terrorem under Code 1721 Section 53-12-22 53-12-29."

1722 SECTION 68.

1723 Said title is further amended by revising Code Section 53-12-22, relating to trust purposes 1724 and conditions in terrorem, as follows:

1725 "53-12-22.

1726 (a) A trust may be created for any lawful purpose. 1727 (b) A condition in terrorem shall be void unless there is a direction in the trust instrument 1728 as to the disposition of the property if the condition in terrorem is violated, in which event 1729 the direction in the trust instrument shall be carried out, except as otherwise provided in 1730 subsection (c) of this Code section.

1731 (c) A condition in terrorem shall not be enforceable against an individual for: 1732 (1) Bringing an action for interpretation or enforcement of a trust instrument; 1733 (2) Bringing an action for an accounting, for removal, or for other relief against a trustee; 1734 or

1735 (3) Entering into a settlement agreement."

1736 SECTION 69.

1737 Said title is further amended by adding a new Code section to Article 2 of Chapter 12, 1738 relating to creation and validity of express trusts, to read as follows: 1739 "53-12-29.

1740 A condition in terrorem shall be void unless there is a direction in the trust instrument as 1741 to the disposition of the property if the condition in terrorem is violated, in which event the 1742 direction in the trust instrument shall be carried out, except that a condition in terrorem 1743 shall not be enforceable against an individual for:

1744 (1) Bringing an action for interpretation or enforcement of a trust instrument; 1745 (2) Bringing an action for an accounting, for removal, or for other relief against a trustee; 1746 or

1747 (3) Entering into a settlement agreement."

1748 SECTION 70.

1749 Said title is further amended by adding a new Code section to Article 3 of Chapter 12, 1750 relating to revocable trusts, to read as follows:

1751 "53-12-46.

1752 (a)(1) Notwithstanding any other provision of this chapter, if the settlor reserved a power 1753 of revocation over a trust, the settlor is alive, and the power of revocation has not been 1754 released:

1755 (A) The duties of the trustee are owed exclusively to the settlor; and 1756 (B) With respect to any trust property held for personal use or enjoyment by a 1757 beneficiary or any other trust property designated as being subject to this paragraph 1758 pursuant to paragraph (3) of subsection (c) of this Code section: 1759 (i) The settlor shall have the power to direct the trustee in the management of such 1760 property and the provisions of Article 18 of this chapter shall apply so that the trustee 1761 is a directed trustee who, without limitation, is relieved from the duties from which 1762 trustees are relieved under subsection (f) of Code Section 53-12-504; and 1763 (ii) The trustee shall not have any duty to account at least annually to the 1764 beneficiaries under paragraph (1) of subsection (b) of Code Section 53-12-243, to 1765 keep the beneficiaries reasonably informed of the trust and its administration under 1766 the common law, or to provide information to the trust director under paragraph (1) 1767 of subsection (c) of Code Section 53-12-504.

1768 (2) Unless the trust instrument provides otherwise, if the trustee is required or authorized 1769 in the trustee's discretion to make distributions of trust property to other beneficiaries 1770 while the settlor is alive, the settlor has not released the power to revoke the trust, and the 1771 settlor lacks capacity to revoke the trust, then the trustee owes duties to the beneficiaries 1772 to whom income or principal is required or authorized in the trustee's discretion to be 1773 distributed currently and the office of trust director created pursuant to this subsection is 1774 governed by Code Section 53-12-506.

1775 (b) If subsection (a) of this Code section applies to a trust: 1776 (1) In addition to any persons who may seek to enforce the trust under any other Code 1777 section or the common law, the following persons may seek to enforce the trust: 1778 (A) The settlor's guardian or conservator;

1779 (B) The settlor's agent under a power of attorney granting general authority with 1780 respect to estates, trusts, and other beneficial interests under Code Section 10-6B-50, 1781 general authority with respect to claims and litigation under Code Section 10-6B-51, 1782 or substantially similar authority that would make it appropriate for the agent to enforce 1783 the trustee's duties to the settlor;

1784 (C) The settlor's parent, spouse, or descendant; or

1785 (D) Any qualified beneficiary of the trust;

1786 (2) Upon a motion by the settlor, the court shall dismiss any action seeking to enforce 1787 the trust unless the court finds that the settlor lacks capacity to revoke the trust; and 1788 (3) Upon a motion by a person described in subparagraph (A) or (B) of paragraph (1) of 1789 this subsection, the court shall dismiss any action seeking to enforce the trust filed by a 1790 person described in subparagraph (C) or (D) of paragraph (1) of this subsection, unless 1791 the court finds that the settlor's interests in the trust are not adequately represented by the 1792 person moving to dismiss the action.

1793 (c) For purposes of this Code section:

1794 (1) 'Property held for personal use or enjoyment' means property held for purposes other 1795 than, or in addition to, monetary value, and shall include, but not be limited to: 1796 (A) All personal effects, including, but not limited to, clothing, jewelry, firearms, and 1797 equipment;

1798 (B) All household goods and equipment, including, but not limited to, furniture and 1799 furnishings, works of art, and collectibles;

1800 (C) All automobiles, aircraft, watercraft, and other vehicles; and 1801 (D) All dwellings and other real property that are used or enjoyed by a beneficiary, 1802 regardless of whether rented, leased, or otherwise held out for use or enjoyment by 1803 other persons.

1804 (2) If trust property includes an indirect interest in property, including, but not limited 1805 to, an interest in an entity, the entire indirect interest is held for personal use or enjoyment 1806 if any portion of the property in which the trustee holds an indirect interest is held for 1807 personal use or enjoyment.

1808 (3)(A) The trust instrument, or a majority of the persons to whom the trustee owes 1809 duties under subsection (a) of this Code section in a writing delivered to the trustee, 1810 may designate trust property as:

1811 (i) Being held or not being held for personal use or enjoyment; or 1812 (ii) Property subject to or not subject to subparagraph (a)(1)(B) of this Code section. 1813 (B) A designation of trust property made pursuant to subparagraph (A) of this 1814 paragraph shall control; provided, however, that a failure to make a designation of trust 1815 property pursuant to subparagraph (A) of this paragraph shall not constitute evidence 1816 that such property is not held for personal use or enjoyment. 1817 (4) 'Management' of property means the exercise of all powers over such property that 1818 an unmarried competent owner has over individually owned property." 1819 SECTION 71.

1820 Said title is further amended by revising subsections (b), (c), and (k) of and by adding a new 1821 subsection to Code Section 53-12-61, relating to power to direct modification or termination, 1822 petition to modify or terminate irrevocable trust, proceeding to approve proposed 1823 modification or termination, distribution of trust property under order for termination, and 1824 waiver of notice, to read as follows:

1825 "(b) During the settlor's lifetime, the court shall approve a petition to modify or terminate 1826 an irrevocable trust, even if the modification or termination is inconsistent with a material 1827 purpose of the trust, if the settlor and all qualified beneficiaries consent to such 1828 modification or termination and the trustee has received been given notice of the proposed 1829 modification or termination. A settlor's power to consent to such trust's modification or 1830 termination may be exercised by:

1831 (1) An agent under a power of attorney only to the extent expressly authorized by the 1832 power of attorney and the provisions of the trust;

1833 (2) The settlor's conservator with the approval of the court supervising the 1834 conservatorship if an agent is not so authorized; or

1835 (3) The settlor's guardian with the approval of the court supervising the guardianship if 1836 an agent is not so authorized and a conservator has not been appointed. 1837 (c) Following the settlor's death the court shall approve a petition to: 1838 (1) Modify an irrevocable trust if all qualified beneficiaries consent, the trustee has 1839 received been given notice of the proposed modification, and the court concludes that 1840 modification is not inconsistent with any material purpose of such trust; and 1841 (2) Terminate an irrevocable trust if all qualified beneficiaries consent, the trustee has 1842 received been given notice of the proposed termination, and the court concludes that 1843 continuance of such trust is not necessary to achieve any material purpose of such trust." 1844 "(k) Subsections (b) and (c) of this Code section shall not apply to charitable trusts. If a 1845 transfer to any other trust qualified for a charitable deduction under Sections 170(a), 1846 2055(a), or 2522(a) of the federal Internal Revenue Code, the trust may not be modified 1847 or terminated pursuant to subsection (b) or (c) of this Code section in a manner that 1848 prevents the transfer to the trust from qualifying for or reduces the amount of such 1849 charitable deduction."

1850 "(o) For purposes of subsection (b) of this Code section, notwithstanding the provisions 1851 of Code Section 53-12-8, all qualified beneficiaries shall represent and bind all other 1852 beneficiaries who are not qualified beneficiaries, regardless of whether there is a conflict 1853 of interest between a qualified beneficiary and any such other beneficiary or whether any 1854 such other beneficiary objects to the representation." 1855 SECTION 72.

1856 Said title is further amended by revising Code Section 53-12-62, relating to power of trustee 1857 to invade principal of original trust, as follows:

1858 "53-12-62.

1859 (a) As used in this Code section, the term:

1860 (1) 'Original trust' refers to the trust from which principal is being distributed. 1861 (2) 'Second trust' refers to the trust to which assets are being distributed from the original 1862 trust, whether a separate trust or an amended version of the original trust. 1863 (b)(1) As used in this subsection, the term 'current beneficiary' means a person who, on 1864 the date of distribution to the second trust, is a distributee or permissible distributee of 1865 trust income or principal.

1866 (2) Unless the original trust instrument expressly provides otherwise, a trustee, other than 1867 a person who contributed property donor to the trust, with the discretionary authority to 1868 invade the distribute income or principal of the original trust to make distributions to or 1869 for the benefit of one or more of the beneficiaries may also, independently or with court 1870 approval, exercise such authority by distributing all or part of the income or principal of 1871 the original trust subject to such discretion to a trustee of a second trust; provided, 1872 however, that the second trust shall not include as a:

1873 (A) Current beneficiary any person that is not a current beneficiary of income or 1874 principal of the original trust; or

1875 (B) Beneficiary any person that is not a beneficiary of the original trust. 1876 (c) Except as provided in this Code section, a trustee may exercise the power to invade the 1877 distribute income or principal of the original trust under subsection (b) of this Code section 1878 without the consent of the settlor or the beneficiaries of the original trust if such trustee 1879 provides written notice of such trustee's decision to exercise the power to such settlor, if 1880 living, any trust director, and those persons then entitled to annual reports from the trustee 1881 of the original trust under subsection (b) of Code Section 53-12-243, taking into account 1882 the provisions of the original trust and subsections (c) and (d) of Code Section 53-12-243. 1883 Such notice shall:

1884 (1) Describe the manner in which such trustee intends to exercise such power; 1885 (2) Specify the date such trustee proposes to distribute to the second trust; and 1886 (3) Be delivered at least 30 days before the proposed distribution to the second trust. 1887 (d) The exercise of the power to invade the distribute income or principal of the original 1888 trust under subsection (b) of this Code section shall be by an instrument in a writing, signed 1889 and acknowledged by the trustee, and filed with the records of the original trust. 1890 (e) The exercise of the power to invade the distribute income or principal of the original 1891 trust under subsection (b) of this Code section shall not extend the permissible period of 1892 the rule against perpetuities that applies to such original trust. 1893 (f) The exercise of the power to invade the distribute income or principal of the original 1894 trust under subsection (b) of this Code section by a trustee who is also a beneficiary shall 1895 be subject to the limitations of Code Section 53-12-270.

1896 (g) This Code section shall not be construed to abridge the right of any trustee who has a 1897 power of invasion to distribute property income or principal in further trust that arises 1898 under any other law or under common law, and nothing in this Code section shall be 1899 construed to imply that the common law does not permit the exercise of a power to invade 1900 the distribute income or principal of a trust in the manner authorized under subsection (b) 1901 of this Code section.

1902 (h) A second trust may confer a power of appointment upon a beneficiary of the original 1903 trust to whom or for the benefit of whom the trustee has the power to distribute the income 1904 or principal of such original trust. For purposes of this subsection, the permissible 1905 appointees of the power of appointment conferred upon a beneficiary may include persons 1906 who are not beneficiaries of such original trust or second trust. 1907 (i) If any contribution to the original trust qualified for the annual exclusion under Section 1908 2503(b) of the federal Internal Revenue Code, as it existed on February 1, 2018, the marital 1909 deduction under Section 2056(a) or 2523(a) of the federal Internal Revenue Code, as it 1910 existed on February 1, 2018, or the charitable deduction under Section 170(a), 642(c), 1911 2055(a), or 2522(a) of the federal Internal Revenue Code, as it existed on February 1, 2018, 1912 is a direct skip qualifying for treatment under Section 2642(c) of the federal Internal 1913 Revenue Code, as it existed on February 1, 2018, or qualified for any other specific tax 1914 benefit that would be lost by the existence of the authorized trustee's authority under 1915 subsection (b) of this Code section for income, gift, estate, or generation-skipping transfer 1916 tax purposes under the federal Internal Revenue Code, then the authorized trustee shall not 1917 have the power to distribute the income or principal of a trust pursuant to subsection (b) of 1918 this Code section in a manner that would prevent the contribution to the original trust from 1919 qualifying for such exclusion, deduction, or other tax benefit or would reduce such 1920 exclusion, deduction, or other tax benefit that was originally claimed with respect to such 1921 contribution.

1922 (j) The exercise of the power to invade the distribute income or principal of the original 1923 trust under subsection (b) of this Code section shall be subject to the following limitations 1924 with respect to any portion of the original trust or second trust that does or will qualify as 1925 a grantor trust with respect to a donor:

1926 (1) The second trust need not qualify as a grantor trust for federal income tax purposes, 1927 even if the original trust does qualify as a grantor trust, except that if such original trust 1928 qualifies as a grantor trust because of the application of Section 672(f)(2)(A) of the 1929 federal Internal Revenue Code, as it existed on February 1, 2018, such second trust may 1930 not include or omit a term that, if included in or omitted from the original trust 1931 instrument, would have prevented such original trust from qualifying under such section; 1932 (2) Notwithstanding any other provision of this Code section, when the original trust 1933 does not qualify as a grantor trust and the donor is alive, the terms of the second trust 1934 shall not provide for a power of disposition that is not exempt from the application of 1935 subsection (a) of Section 674 of the federal Internal Revenue Code unless an adverse 1936 party, as defined in subsection (a) of Section 672 of the federal Internal Revenue Code, 1937 approves or consents to the inclusion of the power in the second trust. Subject to 1938 paragraph (3) of this subsection, the second trust may qualify as a grantor trust pursuant 1939 to other sections of the federal Internal Revenue Code; 1940 (2)(3) Unless the settlor the donor objects in a writing delivered to the trustee before the 1941 date the trustee proposes to distribute from the original trust to the second trust, such 1942 second trust may qualify as a grantor trust for federal income tax purposes, even if such 1943 original trust does not so qualify, except that if such original trust does not so qualify and 1944 such second trust will so qualify, in whole or in part, with respect to the settlor donor, 1945 such second trust shall grant such settlor donor or another person a power that would 1946 cause such second trust to cease to be a grantor trust for federal income tax purposes; and 1947 (3)(4) When both the original trust and the second trust qualify as grantor trusts for 1948 federal income tax purposes and such original trust grants the settlor donor or another 1949 person the power to cause such original trust to cease to be a grantor trust, such second 1950 trust shall grant an equivalent power to the settlor donor or another person unless such 1951 settlor donor objects in a writing delivered to the trustee before the date the trustee 1952 proposes to distribute from such original trust to such second trust. 1953 For purposes of this subsection, a trust that is a 'grantor trust' or that qualifies as a 'grantor 1954 trust' shall mean a trust, or portion of a trust, of which the donor is treated as the owner of 1955 the trust property for federal income tax purposes pursuant to Subchapter J of the federal 1956 Internal Revenue Code.

1957 (k) During any period when the original trust owns stock in a Subchapter 'S' corporation 1958 as defined in Section 1361(a)(1) of the federal Internal Revenue Code, as it existed on 1959 February 1, 2018, an authorized trustee shall not exercise a power authorized by subsection 1960 (b) of this Code section to distribute part or all of the stock of the Subchapter 'S' 1961 corporation to a second trust that is not a permitted shareholder under Section 1361(c)(2) 1962 of the federal Internal Revenue Code, as it existed on February 1, 2018. 1963 (l) A trustee or other person that reasonably relies on the validity of a distribution of 1964 property of the original trust to the second trust under subsection (b) of this Code section 1965 or any other law or common law shall not be liable for any action or failure to act as a 1966 result of such reliance.

1967 (m) This Code section shall not create or imply a duty for a trustee or trust director to 1968 exercise a power conferred by this Code section.

1969 (n) If exercise of the power to invade the distribute income or principal of the original trust 1970 would be effective under subsection (b) of this Code section except that the second trust 1971 in part does not comply with this Code section, such exercise of the power shall be 1972 effective, a provision in such second trust that is not permitted under this Code section shall 1973 be void to the extent necessary to comply with this Code section, and a provision required 1974 by this Code section to be in such second trust that is not contained in such second trust 1975 shall be deemed to be included in such second trust to the extent necessary to comply with 1976 this Code section.

1977 (o) The settlor donor of the original trust shall be deemed to be the settlor donor of the 1978 second trust with respect to the portion of the income or principal of the original trust 1979 subject to the exercise of the power to invade distribute the principal of such original trust 1980 under subsection (b) of this Code section. The settlor of the second trust shall be the 1981 person who creates the second trust, including a testator in the case of a testamentary trust; 1982 provided, however, that, if the trustee of the original trust creates the second trust, the 1983 settlor of the original trust shall be deemed to be the settlor of the second trust. 1984 (p) A debt, liability, or other obligation enforceable against property of the original trust 1985 shall be enforceable to the same extent against the property when held by the second trust 1986 after exercise of the power to invade distribute the income or principal of such original trust 1987 under subsection (b) of this Code section.

1988 (q) This Code section shall apply to any trust the meaning and effect of whose trust 1989 provisions are determined by the law of this state that: 1990 (1) Has its principal place of administration in this state, including a trust whose 1991 principal place of administration has been changed to this state; or 1992 (2) Provides in its trust instrument that it is governed by the law of this state or is 1993 governed by the law of this state for the purpose of: 1994 (A) Administration, including administration of a trust whose governing law for 1995 purposes of administration has been changed to the law of this state; 1996 (B) Construction of the terms of the trust; or

1997 (C) Determining the meaning or effect of the terms of the trust. 1998 (r) This Code section shall not apply to charitable trusts." 1999 SECTION 73.

2000 Said title is further amended by revising subsection (f) of Code Section 53-12-80, relating 2001 to spendthrift provisions, as follows:

2002 "(f) If a beneficiary is also a contributor to the trust donor, a spendthrift provision shall not 2003 be valid as to such beneficiary to the extent of the proportion portion of trust property 2004 attributable to such beneficiary's contribution of which such beneficiary is the donor. This 2005 subsection shall not apply to a special needs trust established pursuant to 42 U.S.C. 2006 Sections Section 1396p(d)(4)(A) or 1396p(d)(4)(C)." 2007 SECTION 74.

2008 Said title is further amended by revising Code Section 53-12-81, relating to limitations on 2009 creditors' rights to discretionary distributions, as follows: 2010 "53-12-81.

2011 A transferee or creditor of a beneficiary shall not compel the trustee or a trust director to 2012 pay any amount that is payable only in the discretion of the trustee or trust director 2013 regardless of whether the discretion is expressed in the form of a standard of distribution, 2014 including, but not limited to, health, education, maintenance, and support, and whether 2015 such trustee or trust director is also a beneficiary. This Code section shall not apply to the 2016 extent of the proportion portion of trust property attributable to the beneficiary's 2017 contribution of which such beneficiary is the donor." 2018 SECTION 75.

2019 Said title is further amended by revising Code Section 53-12-82, relating to rules for trusts 2020 and consideration of assets of an inter vivos marital trust following death, as follows: 2021 "53-12-82.

2022 (a)(1) As used in this subsection, the term 'creditor' means: 2023 (A) With respect to subparagraphs (A) and (B) of paragraph (2) of this subsection, 2024 those creditors of a settlor donor whose claims against the property of the trust are 2025 governed by this article, including those creditors identified in subsection (d) of Code 2026 Section 53-12-80; and

2027 (B) With respect to subparagraph (C) of paragraph (2) of this subsection, those 2028 claimants whose claims against the property of the settlor's a donor's estate are 2029 governed by Article 4 of Chapter 7 of this title, including those claimants identified in 2030 Code Section 53-7-40.

2031 (2) Regardless of whether the trust instrument contains a spendthrift provision, the 2032 following rules shall apply:

2033 (A) During the lifetime of the settlor, the settlor shall be treated as the donor of all 2034 property of a revocable trust revocable by such settlor and such property shall be 2035 subject to claims of the settlor's such donor's creditors; 2036 (B) With respect to an irrevocable trust:

2037 (i) Creditors or assignees of the settlor donor may reach the maximum amount that 2038 can be distributed to or for the settlor's donor's benefit during the settlor's donor's life 2039 or that could have been distributed to or for the settlor's donor's benefit immediately 2040 prior to the settlor's donor's death, provided that, if a trust has more than one settlor, 2041 the amount the creditors or assignees of a particular settlor may reach shall not exceed 2042 the settlor's interest in the portion of the trust attributable to that settlor's contribution; 2043 and

2044 (ii) The portion of a trust that can be distributed to or for the settlor's donor's benefit 2045 pursuant to the power of a trustee, whether arising under the trust instrument or any 2046 other law, to make a distribution to or for the benefit of a settlor donor for the purpose 2047 of reimbursing the settlor donor in an amount equal to any income taxes payable on 2048 any portion of the trust principal and income that is treated as the settlor's donor's 2049 individual income under applicable law shall not be considered an amount that can 2050 be distributed to or for the settlor's donor's benefit during the settlor's donor's life or 2051 that could have been distributed to or for the settlor's donor's benefit immediately 2052 prior to the settlor's donor's death; and 2053 (C) After the death of a settlor donor, and subject to the settlor's donor's right to direct 2054 the source from which liabilities shall be paid:

2055 (i) The settlor shall be treated as the donor of all property of a trust that was 2056 revocable by the settlor at the settlor's death or had become irrevocable as a result of 2057 the settlor's incapacity, and such property shall be subject to claims of the creditors 2058 of the settlor's donor's estate to the extent the settlor's donor's probate estate is 2059 inadequate; and

2060 (ii) Payments that would not be subject to the claims of the creditors of the settlor's 2061 donor's estate if made by way of beneficiary designation to persons other than the 2062 settlor's donor's estate shall not be made subject to such claims by virtue of this Code 2063 section unless otherwise provided in the trust instrument. 2064 (b)(1) As used in this subsection, the term:

2065 (A) 'Donor's spouse' means the spouse of the donor at the time of the creation of an 2066 inter vivos marital trust, regardless of whether such spouse is married to the donor at 2067 the time of such spouse's death.

2068 (A)(B) 'Inter vivos marital trust' means:

2069 (i) A trust described in Section 2523(e) of the Internal Revenue Code of 1986, as it 2070 existed on February 1, 2018;

2071 (ii) A trust for which the election described in Section 2523(f) of the Internal 2072 Revenue Code of 1986, as it existed on February 1, 2018, has been made; or 2073 (iii) Another trust to the extent such trust's assets are property is attributable to a trust 2074 described in division (i) or (ii) of this subparagraph.

2075 (B) 'Settlor's spouse' means the spouse of the settlor at the time of the creation of an 2076 inter vivos marital trust, regardless of whether such spouse is married to the settlor at 2077 the time of such spouse's death.

2078 (2) Subject to Article 4 of Chapter 2 of Title 18, after the death of the settlor's donor's 2079 spouse, the assets property of an inter vivos marital trust shall be deemed to have been 2080 contributed by the settlor's donor's spouse and not by the settlor donor so that the spouse 2081 becomes the donor of all such property; provided, however, that this Code section shall 2082 not apply to any property contributed to such trust after the death of the donor's spouse." 2083 SECTION 76.

2084 Said title is further amended by revising Code Section 53-12-83, relating to creditors' claims 2085 against property that is subject to withdrawal right, as follows: 2086 "53-12-83.

2087 For purposes of this article, the The holder of a power of withdrawal, during the period that 2088 the power may be exercised, shall be treated in the same manner as the settlor of a 2089 revocable trust to the extent of the property subject to the power. The, and the lapse, 2090 release, or waiver of a power of withdrawal shall not cause the holder to be treated as a 2091 settlor donor of the trust."

2092 SECTION 77.

2093 Said title is further amended by revising Code Section 53-12-172, relating to cy pres, as 2094 follows:

2095 "53-12-172.

2096 If a charitable trust or gift cannot be executed in the manner provided by the settlor or 2097 donor purpose of a charitable trust becomes unlawful, impracticable, impossible to achieve, 2098 or wasteful, the superior court shall, upon a petition by a donor or other interested person 2099 pursuant to this Code section, modify or terminate the trust exercise equitable powers in 2100 such a way as will as nearly as possible effectuate the intention of the settlor or donor." 2101 SECTION 78.

2102 Said title is further amended by revising Code Section 53-12-200, relating to capacity of 2103 trustee, as follows:

2104 "53-12-200.

2105 A trustee shall have legal capacity under Georgia law to acquire, hold, and transfer title to 2106 property. An individual shall be eligible to serve as a trustee regardless of citizenship or 2107 residency. If the trustee is a corporation, partnership, or other entity, it shall be required 2108 to have the power to act as a trustee in Georgia pursuant to Code Section 7-1-242, Article 2109 15 of this chapter, or other applicable law."

2110 SECTION 79.

2111 Said title is further amended by revising Code Section 53-12-201, relating to appointment 2112 and vacancies, as follows:

2113 "53-12-201.

2114 (a) A settlor may appoint trustees or grant that power to others, including trust 2115 beneficiaries.

2116 (b) A trust shall never fail for want of a trustee.

2117 (c) If the trust instrument names a person to fill a vacancy or provides a method of 2118 appointing a trustee, any vacancy shall be filled or appointment made as provided in the 2119 trust instrument. A vacancy in a trusteeship occurs if: 2120 (1) A person designated as trustee rejects the trusteeship; 2121 (2) A person designated as trustee cannot be identified, cannot be located, or does not 2122 exist;

2123 (3) A guardian or conservator is appointed for an individual serving as trustee; 2124 (4) A trustee is disqualified or removed;

2125 (5) A trustee resigns or dies; or

2126 (6) For any other reason there is no person currently serving as trustee of a trust. 2127 (d) The qualified beneficiaries may appoint a trustee by unanimous consent. Unless 2128 otherwise provided in the trust instrument, if one or more cotrustees remain in office, a 2129 vacancy need not be filled.

2130 (e) In all other cases, the court, on petition of an interested person, may appoint any 2131 number of trustees consistent with the intention of the settlor and the interests of the 2132 beneficiaries. A vacancy in a trusteeship that is required to be filled shall be filled, in the 2133 following order of priority, by a person:

2134 (1) Designated in the trust instrument as successor trustee; 2135 (2) Appointed as provided in the trust instrument;

2136 (3) Appointed by the unanimous agreement of the qualified beneficiaries; or 2137 (4) On petition of an interested person, appointed by the court. 2138 (f) Regardless of whether a vacancy in a trusteeship exists or is required to be filled, the 2139 court may, on petition of an interested person, appoint an additional trustee or special 2140 fiduciary whenever the court considers the appointment consistent with the intention of the 2141 settlor and the interests of the beneficiaries, or otherwise necessary for the administration 2142 of the trust.

2143 (f)(g) A The petition provided for in subsection (e) of this Code section shall be served 2144 upon all qualified beneficiaries.

2145 (g)(h) A trustee appointed as a successor trustee shall have all the authority of the original 2146 trustee."

2147 SECTION 80.

2148 Said title is further amended by revising Code Section 53-12-221, relating to removal of 2149 trustee, as follows:

2150 "53-12-221.

2151 (a) A trustee may be removed:

2152 (1) In accordance with the provisions of the trust instrument; or 2153 (2) Upon petition to the court by any interested person showing good cause or by the 2154 court on its own motion.

2155 (b) The court may remove a trustee if:

2156 (1) The trustee has committed a serious breach of trust; 2157 (2) Lack of cooperation among cotrustees substantially impairs the administration of the 2158 trust;

2159 (3) The court finds that removal of the trustee best serves the interests of the 2160 beneficiaries because of unfitness (including, but not limited to, a lack of capacity to 2161 make or communicate significant responsible decisions concerning the management of 2162 trust property) or unwillingness or persistent failure to administer the trust effectively; 2163 (4) There has been a substantial change of circumstances, the court finds that removal 2164 of the trustee best serves the interests of the beneficiaries and is not inconsistent with a 2165 material purpose of the trust, and a suitable cotrustee or successor trustee is available; or 2166 (5) Removal is requested by all of the qualified beneficiaries, the court finds that removal 2167 of the trustee best serves the interests of the beneficiaries and is not inconsistent with a 2168 material purpose of the trust, and a suitable cotrustee or successor trustee is available. 2169 (c) In the discretion of the court, in order to protect the trust property or the interests of any 2170 beneficiary, on its own motion or on motion of a cotrustee or other interested person, the 2171 court may compel the trustee whose removal is being sought to surrender trust property to 2172 a cotrustee, a receiver, or temporary trustee pending a decision on a petition for removal 2173 of a trustee or pending appellate review of such decision. To the extent the court deems 2174 necessary, the powers of the trustee also may be suspended." 2175 SECTION 81.

2176 Said title is further amended by revising subsections (b) and (c) of Code Section 53-12-243, 2177 relating to duty to provide reports and accounts, as follows: 2178 "(b)(1) A trustee shall account at least annually, at the termination of the trust, and upon 2179 a change of trustees to each beneficiary of an irrevocable trust to whom income or 2180 principal is required or authorized in the trustee's discretion to be distributed currently 2181 during the period covered by the report, including upon the termination of the trust on the 2182 last day of such period, and to any person who may revoke the trust. At the termination 2183 of the trust, the trustee shall also account to each remainder beneficiary. Upon a change 2184 of trustees, the trustee shall also account to the successor trustee. 2185 (2) An accounting furnished to a beneficiary pursuant to paragraph (1) of this subsection 2186 shall contain a statement of receipts and disbursements of principal and income that have 2187 occurred during the last complete fiscal year of the trust or since the last accounting to 2188 that beneficiary and a statement of the assets and liabilities of the trust as of the end of 2189 the accounting period.

2190 (c) A trustee shall not be required to report information or account to: 2191 (1) A a beneficiary who has waived in writing the right to a report or accounting and has 2192 not withdrawn that waiver; or

2193 (2) The unascertainable charitable beneficiaries of a trust that is not a charitable trust." 2194 SECTION 82.

2195 Said title is further amended in Part 1 of Article 13 of Chapter 12, relating to duties of 2196 trustee, by adding a new Code section to read as follows:

2197 "53-12-248.

2198 When a person holds a power of appointment, as defined in Code Section 53-12-500, over 2199 property with respect to which the person is also a trustee or a trust director, the duties 2200 imposed on such person as a trustee or trust director shall not apply to the exercise or 2201 nonexercise of the power of appointment."

2202 SECTION 83.

2203 Said title is further amended by revising paragraphs (11), (23), (28), and (29) of and by 2204 adding a new paragraph to subsection (b) of Code Section 53-12-261, relating to powers of 2205 trustee and limitation based on fiduciary duties, to read as follows: 2206 "(11) To borrow money for such periods of time and upon such terms and conditions as 2207 to rates, maturities, renewals, and security as the fiduciary shall deem advisable for the 2208 any purpose of paying debts, taxes, or other charges against the estate or trust or any part 2209 thereof and to mortgage, pledge, or otherwise encumber such portion of the property held 2210 by the fiduciary as may be required to secure the loan and to renew existing loans either 2211 as maker or endorser;"

2212 "(23) To employ and compensate, out of income or principal or both and in such 2213 proportion as the fiduciary shall deem advisable, persons deemed by the fiduciary needful 2214 to advise or assist in the administration of the estate or trust, including, but not limited to, 2215 agents, accountants, brokers, attorneys at law, attorneys in fact, investment brokers, rental 2216 agents, realtors, appraisers, and tax specialists; and to do so without liability for any 2217 neglect, omission, misconduct, or default of any such agent or representative selected and 2218 retained with due care on the part of the fiduciary; provided, however, that, if an attorney 2219 in fact is appointed by a power of attorney to which Chapter 6B of Title 10 is applicable 2220 under Code Section 10-6B-81, the exercise of the fiduciary powers of the trustee by the 2221 attorney in fact shall be subject to Code Section 10-6B-40;" 2222 "(28) To determine:

2223 (A) What is principal and what is income of any estate or trust and to allocate or 2224 apportion receipts and expenses, as between principal and income, in the exercise of the 2225 fiduciary's discretion and, by way of illustration and not limitation of the fiduciary's 2226 discretion, to charge premiums on securities purchased at a premium against principal 2227 or income or partly against each;

2228 (B) Whether to apply stock dividends and other noncash dividends to income or 2229 principal or to apportion them as the fiduciary shall deem advisable; and 2230 (C) What expenses, costs, and taxes, other than estate, inheritance, and succession 2231 taxes and other governmental charges, shall be charged against principal or income or 2232 apportioned between principal and income and in what proportions; and 2233 (29) To make, modify, and execute contracts and other instruments, under seal or 2234 otherwise, as the fiduciary deems advisable; and

2235 (30) To endorse, guarantee, become the surety of or otherwise become obligated for or 2236 with respect to the debts or other obligations of a beneficiary or any debt or obligation 2237 incurred for the benefit of a beneficiary, whether with or without consideration, as the 2238 fiduciary deems advisable."

2239 SECTION 84.

2240 Said title is further amended by revising Code Section 53-12-262, relating to powers of 2241 corporate fiduciaries, as follows:

2242 "53-12-262.

2243 A corporate fiduciary, without authorization by the court, may exercise the power: 2244 (1) To retain stock or other securities of its own issue received on the creation of the trust 2245 or later contributed to the trust, including the securities into which the securities 2246 originally received or contributed may be converted or which that may be derived 2247 therefrom as a result of merger, consolidation, stock dividends, splits, liquidations, and 2248 similar procedures. The corporate fiduciary may exercise by purchase or otherwise any 2249 rights, warrants, or conversion features attaching to any such securities. The authority 2250 described in this paragraph shall:

2251 (A) Apply to the exchange or conversion of stock or securities of the corporate 2252 fiduciary's own issue, regardless of whether or not any new stock or securities received 2253 in exchange therefor are substantially equivalent to those originally held; 2254 (B) Apply to the continued retention of all new stock and securities resulting from 2255 merger, consolidation, stock dividends, splits, liquidations, and similar procedures and 2256 received by virtue of such conversion or exchange of stock or securities of the corporate 2257 fiduciary's own issue, regardless of whether or not the new stock or securities are 2258 substantially equivalent to those originally received by the fiduciary; 2259 (C) Have reference, inter alia, to the exchange of such stock or securities for stock or 2260 securities of any holding company which that owns stock or other interests in one or 2261 more other corporations, including the corporate fiduciary, whether the holding 2262 company is newly formed or already existing and regardless of whether or not any of 2263 the corporations own assets identical or similar to the assets of or carry on a business 2264 identical or similar to the corporation whose stock or securities were previously 2265 received by the fiduciary and the continued retention of stock or securities, or both, of 2266 the holding company; and

2267 (D) Apply regardless of whether any of the corporations have officers, directors, 2268 employees, agents, or trustees in common with the corporation whose stock or 2269 securities were previously received by the fiduciary; and

2270 (2) To borrow money from its own banking department for such periods of time and 2271 upon such terms and conditions as to rates, maturities, renewals, and security as the 2272 fiduciary shall deem advisable for the any purpose of paying debts, taxes, or other 2273 charges against the estate or any trust or any part thereof, and to mortgage, pledge, or 2274 otherwise encumber such portion of the estate or any trust as may be required to secure 2275 the loan or loans; and to renew existing loans either as maker or endorser." 2276 SECTION 85.

2277 Said title is further amended by repealing Code Section 53-12-264, relating to granting of 2278 powers by qualified beneficiaries.

2279 SECTION 86.

2280 Said title is further amended by revising Code Section 53-12-270, relating to exercise of 2281 power by trustee who is also a beneficiary, as follows:

2282 "53-12-270.

2283 (a) Subject to subsection (c) of this Code section, and unless the trust provisions expressly 2284 indicate that a rule in this subsection shall not apply, a person other than a settlor or donor 2285 who is a beneficiary and either a trustee or trust director of a trust shall not: 2286 (1) A person other than a settlor who is a beneficiary and trustee of a trust that confers 2287 on such trustee a power to make Make discretionary distributions to or for such trustee's 2288 personal the benefit may exercise such power only in of such person unless in accordance 2289 with an ascertainable standard; and

2290 (2) Make discretionary allocations of receipts or expenses as between principal and 2291 income, unless such person acts in a fiduciary capacity whereby such person has no 2292 power to enlarge or shift any beneficial interest except as an incidental consequence of 2293 the discharge of such person's fiduciary duties; and

2294 (3) Make A trustee shall not exercise a power to make discretionary distributions to 2295 satisfy a any of such person's legal obligation obligations of support that such trustee 2296 personally owes another person.

2297 (b) A power whose exercise is limited or prohibited by subsection (a) of this Code section 2298 may be exercised by a majority of the remaining trustees or trust directors who have the 2299 power to make or direct discretionary distributions to or for such trustee or trust director 2300 and whose exercise of such power is not so limited or prohibited. If the power of all 2301 trustees or trust directors is so limited or prohibited, the court may appoint a special 2302 fiduciary with authority to exercise the power.

2303 (c) Subsection (a) of this Code section shall not apply to: 2304 (1) A power held by the settlor's or donor's spouse who is the trustee or trust director of 2305 a trust for which a marital deduction, as defined in Section 2056(b)(5) or 2523(e) of the 2306 federal Internal Revenue Code of 1986, was previously allowed; 2307 (2) Any trust during any period that the trust may be revoked or amended by its settlor; 2308 or

2309 (3) A trust if contributions to such trust qualify for the annual exclusion under Section 2310 2503(c) of the federal Internal Revenue Code of 1986; or 2311 (4) Any portion of a trust over which the trustee or trust director is expressly granted in 2312 the trust instrument a presently exercisable or testamentary general power of 2313 appointment.

2314 (d)(1) If a beneficiary of a trust, in an individual, fiduciary, or other capacity, removes 2315 and appoints a successor trustee or trust director who would be related or subordinate to 2316 the beneficiary within the meaning of Section 672(c) of the federal Internal Revenue 2317 Code if the beneficiary were a grantor, the successor trustee or trust director's 2318 discretionary powers shall be limited as follows:

2319 (A) The trustee or trust director's discretionary power to make distributions to or for 2320 the benefit of that beneficiary is limited to an ascertainable standard; 2321 (B) The trustee or trust director's discretionary power shall not be exercised to satisfy 2322 any of that beneficiary's legal obligations for support or other purposes; and 2323 (C) The trustee or trust director's discretionary power shall not be exercised to grant 2324 to the beneficiary a general power to appoint property of the trust to the beneficiary, the 2325 beneficiary's estate, or the creditors thereof within the meaning of Section 2041 of the 2326 federal Internal Revenue Code.

2327 (2) This subsection shall not apply if the appointment of the trustee or trust director by 2328 the beneficiary may be made only in conjunction with another person having a substantial 2329 interest in the property of the trust subject to the power that is adverse to the exercise of 2330 the power in favor of the beneficiary within the meaning of Section 2041 (b)(1)(C)(ii) of 2331 the federal Internal Revenue Code."

2332 SECTION 87.

2333 Said title is further amended by revising subsection (d) of and by adding a new subsection 2334 to Code Section 53-12-301, relating to actions for breach of trust, to read as follows: 2335 "(d) If the settlor of a trust provides for both charitable and noncharitable purposes, the 2336 settlor or a donor may maintain a civil action to enforce the charitable purposes of the trust. 2337 (e) The provision of remedies for breach of trust shall not prevent resort to any other 2338 appropriate remedy provided by statute or common law."

2339 SECTION 88.

2340 Said title is further amended by revising subsection (a) of Code Section 53-12-307, relating 2341 to limitation of actions, as follows:

2342 "(a) Unless a claim is previously barred by adjudication, consent, limitation, or otherwise, 2343 if a beneficiary has received a written report was sent a written report that adequately 2344 discloses disclosed the existence of a claim against the trustee for a breach of trust, the 2345 claim shall be barred as to that beneficiary unless a proceeding to assert the claim is 2346 commenced within two years after receipt of the report the date the beneficiary was sent 2347 such report. A report adequately discloses existence of a claim if it provides sufficient 2348 information so that the beneficiary knows of such claim or reasonably should have inquired 2349 into the existence of such claim. If the beneficiary has not received a report which was not 2350 sent a report that adequately discloses disclosed the existence of a claim against the trustee 2351 for a breach of trust, such claim shall be barred as to that beneficiary unless a proceeding 2352 to assert such claim is commenced within six years after the beneficiary discovered, or 2353 reasonably should have discovered, the subject of such claim." 2354 SECTION 89.

2355 Said title is further amended by revising subsection (a) of Code Section 53-12-320, relating 2356 to nonresidents acting as trustees, as follows:

2357 "(a) Any nonresident who is eligible to serve as a trustee under Code Section 53-12-201 2358 7-1-242, Part 1 of Article 11 of this chapter, or other applicable law may act as a trustee in 2359 this state pursuant to the terms of this Code section."

2360 SECTION 90.

2361 Said title is further amended by revising subsection (a) of Code Section 53-12-321, relating 2362 to foreign entities acting as trustees, as follows:

2363 "(a) Any foreign entity may act in this state as a trustee, executor, trust director, personal 2364 representative, temporary administrator, conservator, or guardian, or in any other like or 2365 similar fiduciary capacity, whether the appointment is by law, will, deed, inter vivos trust, 2366 security deed, mortgage, deed of trust, court order, or otherwise without the necessity of 2367 complying with any law of this state relating to the qualification of foreign entities to do 2368 business in this state or the licensing of foreign entities to do business in this state, except 2369 as provided in this article, and notwithstanding any prohibition, limitation, or restriction 2370 contained in any other law of this state, provided only that the foreign entity is authorized 2371 to act in the fiduciary capacity in the state in which it is chartered or licensed or, if the 2372 foreign entity is a national banking association, in the state in which it has its principal 2373 place of business."

2374 SECTION 91.

2375 Said title is further amended by revising subsection (c) of Code Section 53-12-323, relating 2376 to filing statement with Secretary of State and appointment of agent for service, as follows: 2377 "(c) Any foreign entity that acts as a trustee or trust director in this state shall be deemed 2378 to have consented to service upon the Secretary of State of any summons, notice, or process 2379 in connection with any action or proceeding in the courts of this state growing out of or 2380 based upon any act or failure to act on the part of the trustee or trust director unless the 2381 trustee or trust director shall designate as the agent for such service some person who may 2382 be found and served with notice, summons, or process in this state by a designation to be 2383 filed, from time to time, in the office of the Secretary of State, giving the name of the agent 2384 and the place in this state where the agent may be found and served." 2385 SECTION 92.

2386 Said title is further amended by revising subsections (b), (g), and (j) of Code Section 2387 53-12-362, relating to conversion to unitrust, as follows: 2388 "(b)(1) The trustee may petition the superior court to order the conversion to a unitrust. 2389 (2) A beneficiary may request a trustee to convert to a unitrust. If the trustee does not 2390 convert, the beneficiary may petition the superior court to order the conversion. 2391 (3) The court shall order conversion if the such court concludes that the conversion will 2392 enable the trustee to better carry out the intent of the settlor or testator and the purposes 2393 of the trust."

2394 "(g) The trustee or, if the trustee declines to do so, a beneficiary may petition the superior 2395 court to:

2396 (1) Select a payout percentage different from 4 percent but not lower than 3 percent or 2397 higher than 5 percent;

2398 (2) Provide for a distribution of net income, as would be determined if the trust were not 2399 a unitrust, in excess of the unitrust distribution if such distribution is necessary to 2400 preserve a tax benefit;

2401 (3) Average the valuation of the trust's net assets over a period other than three years; or 2402 (4) Reconvert from a unitrust. Upon a reconversion, the power to adjust under Code 2403 Section 53-12-361 shall be revived."

2404 "(j)(1) If paragraph (3) or (4) of subsection (i) of this Code section applies to a trustee 2405 and there is more than one trustee, a cotrustee to whom such provision does not apply 2406 may convert the trust unless the exercise of the power by the remaining trustee is 2407 prohibited by the governing trust instrument.

2408 (2) If paragraph (3) or (4) of subsection (i) of this Code section applies to all the trustees, 2409 the trustees may petition the superior court to direct a conversion." 2410 SECTION 93.

2411 Said title is further amended by revising paragraphs (2) and (3) of Code Section 53-12-500, 2412 relating to definitions regarding trust directors, as follows: 2413 "(2) 'Power of appointment' means a power that enables a person, acting in a 2414 nonfiduciary capacity, to:

2415 (A) Designate a recipient of either an ownership interest in or another power of 2416 appointment over trust property;

2417 (B) Rescind or terminate either an ownership interest in or another power of 2418 appointment over trust property; and or

2419 (C) Determine when a beneficiary shall have the rights granted under Code Sections 2420 53-12-242 and 53-12-243 or similar rights granted under the governing trust instrument. 2421 (3) 'Power of direction' means a power over a trust granted to a person by the trust 2422 instrument to the extent the power is exercisable in a capacity other than as a trustee. 2423 Such term includes a power over the administration of the trust or the investment, 2424 management, or distribution of the trust property; a power to consent to a trustee's 2425 actions, whether through exercise of an affirmative power to consent or through 2426 nonexercise of a veto power over a trustee's actions, where a trustee may not act without 2427 such consent; and all further powers appropriate to the exercise or nonexercise of such 2428 powers held by the trust director pursuant to subsection (a) of Code Section 53-12-502. 2429 Such term shall exclude the powers described in subsection (b) of Code Section 2430 53-12-501 and the power of a person designated in a trust instrument to receive notice 2431 and provide consent pursuant to paragraph (6) of subsection (f) of Code Section 53-12-8." 2432 SECTION 94.

2433 Said title is further amended by revising paragraph (5) of subsection (b) of Code Section 2434 53-12-501, relating to application of article and construction of trust instrument, as follows: 2435 "(5) A power over a trust if both:

2436 (A) The trust instrument provides such power is held in a nonfiduciary capacity; and 2437 (B) Such power is must be held in a nonfiduciary capacity to achieve the settlor's tax 2438 objectives."

2439 SECTION 95.

2440 Said title is further amended by revising Code Section 53-12-506, relating to statutory 2441 provisions applicable to trust directors, defenses available to trust directors, personal 2442 jurisdiction, and term "trustee" includes trust director where required or permitted, as 2443 follows:

2444 "53-12-506.

2445 (a) An individual shall be eligible to serve as a trust director regardless of citizenship and 2446 or residency. If the trust director is a corporation, partnership, or other entity, it shall be 2447 required to have the power to act as a trustee in Georgia. 2448 (b) The rules applicable to a trustee apply to a trust director regarding: 2449 (1) Jurisdiction under Code Section 53-12-6;

2450 (2) All matters governed by Article 11 of this chapter, including, but not limited to, 2451 appointment Appointment and acceptance, compensation, and resignation and removal 2452 of trustees under Article 11 of this chapter; and 2453 (3) Accounting under Article 12 of this chapter; and. 2454 (4) Nonresidents and foreign entities acting as trustees under Article 15 of this chapter. 2455 (c) In an action against a trust director for breach of trust, the trust director may assert the 2456 same defenses a trustee in a like position and under similar circumstances could assert in 2457 an action for breach of trust against the trustee.

2458 (d) By accepting appointment as a trust director of a trust subject to this article, a trust 2459 director submits to personal jurisdiction of the courts of this state regarding any matter 2460 related to a power or duty of a trust director. This subsection shall not preclude use of 2461 another method to obtain jurisdiction over a trust director. 2462 (e) As used in this Code, where the context requires or permits, the term 'trustee' includes 2463 a trust director."

2464 SECTION 96.

2465 Said title is further amended by adding a new article to Chapter 12, relating to trusts, to read 2466 as follows:

2467 "ARTICLE 19

2468 53-12-510.

2469 As used in this article, the term:

2470 (1) 'Electronic' means relating to technology having electrical, digital, magnetic, 2471 wireless, optical, electromagnetic, or similar capabilities. 2472 (2) 'Electronic address' means a unique username or other identifier, commonly 2473 expressed as a string of characters or numbers, at which information may be received by 2474 electronic means and shall include, but shall not be limited to, an email or internet 2475 address, and any other information system or portion thereof, designed for the exchange 2476 of information among parties.

2477 (3) 'Electronic portal' means a website or other similar electronic service through which 2478 a person may retrieve information.

2479 (4) 'Electronic record' means a record created, generated, sent, communicated, received, 2480 or stored by electronic means.

2481 (5) 'Electronic signature' means an electronic symbol or process attached to or logically 2482 associated with a record and executed or adopted by a person with the intent to sign the 2483 record.

2484 (6) 'Information' includes data, text, images, codes, computer programs, software, and 2485 data bases.

2486 (7) 'Record' means information:

2487 (A) Inscribed on a tangible medium; or

2488 (B) Stored in an electronic or other medium and retrievable in perceivable form. 2489 (8) 'Security procedure' means a procedure applied to verify that an electronic signature, 2490 record, or performance is that of a specific person or to detect a change or error in an 2491 electronic record. Such term includes a procedure that uses an algorithm, code, 2492 identifying word or number, encryption, or callback or other acknowledgment procedure. 2493 (9) 'Sign' means, with present intent to authenticate or adopt a record: 2494 (A) Execute or adopt a tangible symbol; or

2495 (B) Attach to or logically associate with the record an electronic signature. 2496 53-12-511.

2497 (a) This Code section shall govern notice to a person or the sending of a record to a person 2498 under this chapter, under the provisions of a trust instrument, or with respect to any matter 2499 involving a trust. This Code section shall not govern whether notice or the sending of a 2500 record complied with any duties relating to the privacy, confidentiality, or security of a 2501 notice or record.

2502 (b) Notice to a person or the sending of a record to a person shall be accomplished in a 2503 manner that is likely to result in receipt of the notice or record and reasonably suitable 2504 under the circumstances.

2505 (c) Without limitation, the manner of notice to a person or the sending of a record to a 2506 person shall be presumed likely to result in receipt of the notice or record, unless proven 2507 otherwise by clear and convincing evidence, if accomplished by: 2508 (1) Personal delivery;

2509 (2) Registered or certified mail or statutory overnight delivery to either the person's last 2510 known place of residence or place of business or the address last used by the person to 2511 receive notices or records;

2512 (3) An electronic address the person has consented to use to receive notices or records; 2513 or

2514 (4)(A) An electronic portal if:

2515 (i) The person has been granted access to an electronic portal and informed that 2516 notices and records will be made available in the electronic portal; 2517 (ii) The notice or record is made available in the electronic portal; 2518 (iii) Concurrently with or subsequently to the notice or record being made available 2519 in the electronic portal, the person is notified that one or more notices or records have 2520 been made available in the electronic portal; and

2521 (iv) For a period of at least 90 days after the date on which the person was notified 2522 as provided in division (iii) of this subparagraph, the person's access to the electronic 2523 portal is not terminated without his or her consent and the notice or record remains 2524 available in the electronic portal.

2525 (B) If the person objects to notices or the sending of records by means of an electronic 2526 address or electronic portal, then notice or the sending of a record by such means shall 2527 not be presumed likely to result in receipt of the notice or record. 2528 (d) If a record was sent to a beneficiary solely by means of an electronic portal and the 2529 existence of a claim would not have been adequately disclosed to the beneficiary for 2530 purposes of Code Section 53-12-307 but for the sending of the record, the running of the 2531 limitations period under Code Section 53-12-307 for such claim shall be tolled if the 2532 beneficiary's access to the electronic portal is terminated without his or her consent or the 2533 record is no longer available in the electronic portal; provided, however, that the period 2534 shall not be tolled if, within 30 days after such event, the beneficiary is notified of an 2535 alternative means by which to obtain the record. If the limitations period is tolled, the 2536 period shall recommence on the date on which the record is resent to the beneficiary, 2537 whether by means of an electronic portal or otherwise. 2538 (e)(1) For purposes of subsections (c) and (d) of this Code section: 2539 (A) Without limitation, a person consents to the use of an electronic address to receive 2540 notices and records from:

2541 (i) Any person with respect to any matter involving a particular trust, by providing 2542 the electronic address to any other person to be used to receive notices and records 2543 with respect to any matters involving such trust, regardless of whether such other 2544 person is the person providing notice or sending the record; and 2545 (ii) A particular person with respect to any matter involving any trust, by providing 2546 the electronic address to such person to receive such notices and records with respect 2547 to any matters involving a trust, regardless of whether such trust is the trust to which 2548 the notice or record relates; and

2549 (B) The use of an electronic address by a person with respect to any matter involving 2550 a trust shall constitute a provision of the electronic address with respect to the trust 2551 under division (i) of subparagraph (A) of this paragraph and the use of an electronic 2552 address to communicate with another person with respect to any matter involving a trust 2553 shall constitute a provision of the electronic address to the other person under division 2554 (ii) of subparagraph (A) of this paragraph.

2555 (2) Requiring a person to take steps to activate his or her account in an electronic portal 2556 or take other similar actions to establish access to an electronic portal shall not prevent 2557 the person from having been granted access to the electronic portal. 2558 (3) A notice or record shall not be considered to have been made available in an 2559 electronic portal unless a person who has been granted access to the electronic portal can 2560 download or otherwise preserve a copy of the notice or record outside of the electronic 2561 portal.

2562 (4) If a notice or record is made available in an electronic portal but the notice required 2563 by division (c)(4)(A)(iii) of this Code section is not provided to a person who has been 2564 granted access to the electronic portal, such notice shall be deemed provided to such 2565 person on the next date on which the person accesses the electronic portal. 2566 (5) A person's access to an electronic portal shall not be considered to have been 2567 terminated without his or her consent solely because such person is required to change 2568 or reset his or her password or take other similar actions to preserve his or her access. 2569 (f) With respect to whether notice or the sending of a record to a person was reasonably 2570 suitable under the circumstances:

2571 (1) For purposes of Code Section 53-12-307 providing for the limitation of actions, the 2572 sending of a record to a person in a manner that is likely to result in receipt shall be 2573 presumed to have been accomplished in a manner that was reasonably suitable under the 2574 circumstances unless proven otherwise by clear and convincing evidence; and 2575 (2) For all other purposes, whether notice or the sending of a record to a person was 2576 accomplished in a manner reasonably suitable under the circumstances shall be 2577 determined, without limitation, in the context of the subject matter of the notice or record, 2578 the length of any time period imposed with respect to notice or sending of the record, the 2579 circumstances of the person, the sender's knowledge of those circumstances, and when 2580 actual receipt, if any, occurred.

2581 (g) Notice to a person or the sending of a record to a person shall be deemed: 2582 (1) To have been accomplished on the date such person has actual knowledge of the 2583 contents of the notice or record; and

2584 (2) Not to have been accomplished if the person providing notice or sending a record has 2585 actual knowledge the person did not receive the notice or record. 2586 (h) Notice or the sending of a record to a person otherwise required under this chapter or 2587 the trust instrument:

2588 (1) Need not be provided to a person whose identity or location is unknown to and not 2589 reasonably ascertainable by the trustee, trust director, or other person required to provide 2590 the notice or send the record; and

2591 (2) May be waived by the person to be notified or sent the record. 2592 (i) An action by a trustee, trust director, or other person authorized under this chapter or 2593 a trust instrument to act with respect to any matter involving a trust shall not be ineffective 2594 because of a failure to provide notice required under this chapter or the trust instrument if 2595 such person acted with reasonable care to comply with this Code section. 2596 (j) Notice of a judicial proceeding shall be provided as required by the applicable rules of 2597 civil procedure.

2598 (k) This Code section shall be construed and applied to be consistent with reasonable 2599 practices concerning the use of electronic addresses and electronic portals to provide notice 2600 and send records for matters involving trusts and the continued expansion of those 2601 practices.

2602 53-12-512.

2603 (a) This Code section shall apply to all records and signatures relating to trusts, except a 2604 writing and signature creating or declaring an express trust under Code Section 53-12-20, 2605 including, but not limited to:

2606 (1) Exercises, delegations, determinations, releases, waivers, renunciations, disclaimers, 2607 and all other actions related to powers and rights granted under this chapter or a trust 2608 instrument;

2609 (2) Notices and records required to be provided or sent by this chapter or the provisions 2610 of a trust instrument, including, but not limited to, notices under Code Section 53-12-242, 2611 reports and accounts under Code Section 53-12-243, and accountings under Article 12 2612 of this chapter;

2613 (3) Binding nonjudicial settlement agreements under Code Section 53-12-9 or other 2614 applicable law, including agreements that modify a trust instrument; 2615 (4) Notices of a trustee's decision to exercise the power to distribute income or principal 2616 of a trust under Code Section 53-12-62 or other applicable law; 2617 (5) Consents to actions by and the release from liability of a trustee or trust director; 2618 (6) Reports described in Code Section 53-12-307; and

2619 (7) Certifications of a trust under Code Section 53-12-280. 2620 (b) This Code section shall be construed and applied to facilitate electronic records and 2621 electronic signatures consistent with other law and to be consistent with reasonable 2622 practices concerning electronic records and electronic signatures and continued expansion 2623 of those practices.

2624 (c) This Code section shall not invalidate an electronic record or electronic signature that 2625 is valid under other applicable law.

2626 (d)(1) A record or signature shall not be denied legal effect or enforceability solely 2627 because it is in electronic form.

2628 (2) If other laws of this state or a trust instrument require a record to be in writing, an 2629 electronic record satisfies the requirement.

2630 (3) If other laws of this state or a trust instrument require a signature to be in writing, an 2631 electronic signature satisfies the requirement.

2632 (e)(1) An electronic record or electronic signature is attributable to a person if it was the 2633 act of the person. The act of the person may be shown in any manner, including, but not 2634 limited to, showing the efficacy of a security procedure applied to determine the person 2635 to which the electronic record or electronic signature was attributable. 2636 (2) The effect of attribution to a person under paragraph (1) of this subsection of a record 2637 or signature shall be determined from the context and surrounding circumstances at the 2638 time of its creation, execution, or adoption and as provided by other law. 2639 (f) If other laws of this state or a trust instrument require a record or signature to be 2640 acknowledged or notarized, the requirement shall be satisfied if the signature of the 2641 individual performing the acknowledgement or notarization, together with all other 2642 information required to be included under other laws of this state or the trust instrument, 2643 is attached to or logically associated with the electronic record or electronic signature. 2644 (g) A person may create a certified paper copy of an electronic record by affirming under 2645 penalty of perjury that the paper copy is a complete and accurate copy of the record. 2646 (h) If other laws of this state or a trust instrument require a record to be retained, 2647 transmitted, copied, or filed:

2648 (1) The requirement shall be satisfied by retaining, transmitting, copying, or filing an 2649 electronic record that:

2650 (A) Accurately reflects the information in the record after it was first generated in final 2651 form as an electronic record or as a certified paper copy under this Code section; and 2652 (B) Remains accessible to the extent required by the other laws of this state or a trust 2653 instrument;

2654 (2) The requirement to retain a record shall not apply to information the sole purpose of 2655 which is to enable the record to be sent, communicated, or received; 2656 (3) A person may satisfy paragraph (1) of this subsection by using the services of another 2657 person;

2658 (4) A requirement that a record be presented or retained in its original form shall be 2659 satisfied by an electronic record retained in accordance with this subsection; and 2660 (5) This subsection shall not preclude a governmental agency from specifying 2661 requirements for the retention of a record subject to the agency's jurisdiction in addition 2662 to those in this subsection.

2663 (i) Evidence relating to a record or a signature may not be excluded in a judicial 2664 proceeding solely because it is in electronic form.

2665 53-12-513.

2666 The provisions of this chapter conform to the requirements of Section 102 of the Electronic 2667 Signatures in Global and National Commerce Act, 15 U.S.C. Section 7002, and supersede, 2668 modify, and limit the requirements of such act."

2669 SECTION 97.

2670 All laws and parts of laws in conflict with this Act are repealed.