Georgia § 53-5-8 Notice to beneficiary provided by personal representative; representation for beneficiaries

Georgia Statutes

§ 53-5-8 — Notice to beneficiary provided by personal representative; representation for beneficiaries

(a)As used in this Code section, the term "beneficiary" means a person, including a trust, that is designated in a will to take an interest in real or personal property; that has a present interest, including, but not limited to, a vested remainder interest, but not including a trust beneficiary where there is a trustee who is not also the personal representative required to give notice; and whose identity and whereabouts are known or may be determined by reasonable diligence.

(b)Within 30 days following the issuance of letters testamentary or letters of administration with the will annexed to the personal representative of a testate estate, such personal representative shall send to all beneficiaries by certified or registered mail or statutory overnight delivery, with return receipt re

Free access — add to your briefcase to read the full text and ask questions with AI

(a) As used in this Code section, the term "beneficiary" means a person, including a trust, that is designated in a will to take an interest in real or personal property; that has a present interest, including, but not limited to, a vested remainder interest, but not including a trust beneficiary where there is a trustee who is not also the personal representative required to give notice; and whose identity and whereabouts are known or may be determined by reasonable diligence. (b) Within 30 days following the issuance of letters testamentary or letters of administration with the will annexed to the personal representative of a testate estate, such personal representative shall send to all beneficiaries by certified or registered mail or statutory overnight delivery, with return receipt requested, to his or her last known address a notice informing such beneficiaries of the issuance of such letters to the personal representative and providing the name, mailing address, and telephone number of such personal representative. Provided, however, that notice shall not be required to any beneficiary who has waived such right to notification in writing. Within 60 days following the issuance of such letters, such personal representative shall file with the probate court true and correct copies of such waivers and notices, the return receipts for each, and, with respect to any such beneficiary whose identity and whereabouts are unknown, an affidavit of diligent search attesting under oath to the efforts of such personal representative to identify and locate such beneficiary. (c) 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 (b) 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 . (d) For purposes of this Code section, a trust beneficiary may be represented as provided in paragraph (3) of subsection (b) of Code Section 53-7-50 .

Georgia § 53-5-8 (Notice to beneficiary provided by personal representative; representation for beneficiaries) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.