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Bill > HB865

GA HB865

GA HB865
Wills, trusts, and administration of estates; Revised Probate Code of 1998; revise and update provisions

summary

Introduced
01/31/2020
In Committee
06/18/2020
Crossed Over
03/12/2020
Passed
07/02/2020
Dead
Signed/Enacted/Adopted
07/29/2020

Introduced Session

2019-2020 Regular Session

Bill Summary

To amend Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and administration of estates, so as to revise and update provisions of the "Revised Probate Code of 1998"; to update grammar; to provide for and revise definitions; to clarify the application of the principles of common law and equity governing wills, trusts, and the administration of estates; to revise provisions concerning the judicial determination of heirs and their interests; to provide for and revise the jurisdiction of the superior court and probate court in certain matters; to provide for and revise provisions concerning year's support; to provide for and revise provisions concerning the determination, execution and attestation, and construction of wills and trust instruments; to provide for and revise provisions concerning the probate of wills; to provide for and revise provisions concerning administrators and personal representatives; to provide for and revise provisions concerning the administration of estates; to provide for and revise provisions concerning sales and conveyances by administrators, personal representatives, and the courts; to revise provisions regarding missing persons and persons believed to be dead; to revise procedures in probate court; to revise jurisdiction and court procedures concerning trusts; to provide for and revise provisions concerning the creation and validity of trusts; to provide for and revise provisions concerning the reformation, modification, division, consolidation, and termination of trusts; to provide for and revise provisions concerning trustees' duties and powers; to revise provisions of the "Revised Uniform Fiduciary Access to Digital Assets Act"; to amend Article 1 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to general provisions regarding certiorari and appeals to appellate courts generally, so as to revise provisions regarding the time for appeal by representatives where a party dies after trial; to amend Part 12 of Article 1 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to deposits of deceased depositors, so as to revise provisions concerning the payment of large deposits of deceased intestate depositors; to amend Title 9 of the Official Code of Georgia Annotated, relating to civil practice, so as to provide for a period of limitation for certain claims against a decedent's estate; to revise provisions concerning declaratory judgments involving fiduciaries; to amend Title 10 of the Official Code of 20 HB 865/AP Georgia Annotated, relating to commerce and trade, so as to revise provisions regarding the fiduciaries conveying property by attorneys in fact; to amend Article 2 of Chapter 5 of Title 13 of the Official Code of Georgia Annotated, relating to statute of frauds, so as to make conforming changes; to amend Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, so as to revise the qualifications for judge of the probate in certain counties; to revise certain court procedures; to revise provisions concerning default judgments; to provide for and revise fee provisions; to revise the concurrent jurisdiction of probate court with superior court; to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to revise the power of superior court judges in appointing and removing trustees and protecting trust estates; to revise enforcement of antenuptial agreements; to revise provisions concerning permanent alimony; to amend Article 3 of Chapter 2 of Title 23 of the Official Code of Georgia Annotated, relating to fraud, so as to revise provisions concerning fiduciary relationship; to amend Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to lottery for education, so as to provide for the preference of the Georgia Lottery Corporation for certain proceeds due from a person's estate; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

AI Summary

This bill revises and updates the Revised Probate Code of 1998 in Georgia. Some key provisions include: - Clarifying that the common law and equity principles governing wills, trusts, and estate administration remain applicable except where modified by the code. - Clarifying the jurisdiction of probate and superior courts over issues related to estates and trusts. - Revising provisions related to year's support, including allowing the probate court to consider the solvency of the estate when determining the amount. - Updating provisions for the execution, attestation, construction, probate, and administration of wills and trusts. - Providing for binding nonjudicial settlement agreements related to wills and trusts. - Establishing rules for trust directors and their duties and liabilities. - Revising investment standards for trustees to align with the Prudent Investor Rule. - Extending the statute of limitations for bringing claims against a decedent's estate to six years after the date of death. - Providing for the preference of the Georgia Lottery Corporation over proceeds due from the estate of an insolvent lottery retailer. The bill also makes various other clarifying and conforming changes to related laws in titles such as civil practice, domestic relations, and commerce and trade.

Committee Categories

Housing and Urban Affairs, Justice

Sponsors (6)

Last Action

Effective Date (on 01/01/2021)

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