53-5-8. Notice to beneficiary provided by personal representative; representation for beneficiaries; waivers.

The personal representative shall have a duty to notify the beneficiaries of a testate estate of the probate of the will and the name and mailing address of such personal representative; provided, however, that notice shall not be required to be given to any beneficiary who:#

1. (1)

   Has waived such right to notification in writing;#

2. (2)

   Acknowledged service of and assented to the petition to probate the will, if such personal representative was a petitioner; or#

3. (3)

   Is such personal representative.#

4. Such notification shall be given within six months from the date of qualification of the first personal representative of a testate estate to serve.

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

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

Nothing in this Code section shall alter or affect any time period established by Code Section 53-7-42, subsection (d) of Code Section 53-8-15, or other applicable law.#