Effective July 1, 2023, O.C.G.A. §53-5-8 complicates the process of probating a will in Georgia. The new law adds additional requirements that an executor must follow within a short period of time after receiving their Letters Testamentary.
Previously, in order to open an estate in Georgia, an executor was only required to notify the deceased’s closest surviving relatives (i.e., “heirs at law”), whether or not that relative was named in the will as a beneficiary.
Under the new code section, once the Court issues Letters Testamentary, which give the Executor the power to act on behalf of the Estate, the Executor has 30 days to send notice and a copy of the Letters to all beneficiaries named in the will with an immediate interest to inherit, unless the beneficiary waives notice in writing and within 60 days of receiving Letters and the Executor files the waiver with the Court. If a beneficiary’s location is unknown, an affidavit of diligent search is required. If the Executor does not provide notification to the Court, an Executor may be required to appear before the Court for a hearing and risk having their title revoked.
To comply with the fast-paced deadlines and filing requirements, the Executor faces a significant increase in time, burden, and costs associated with administering a loved one’s will. While an experienced probate attorney may ease the process along, those considering drafting an estate can be proactive and avoid this headache for their family by drafting a trust. Specifically, a revocable living trust (RLT) is an easy way for one’s assets to pass on without involving the Court.
For a detailed discussion of revocable trusts, please read our blog post, and, as always, call or email Bequest if we can help!