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2018 Georgia Code 53-7-32 | Car Wreck Lawyer

TITLE 53 WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES

Section 7. Administration of Estates Generally, 53-7-1 through 53-7-78.

ARTICLE 3 INVENTORY

53-7-32. Waiver of right to receive; relieving personal representative of duty to make.

  1. Any beneficiary of a testate estate or heir of an intestate estate may waive individually the right to receive the inventory from the personal representative. Such waiver shall be made in a signed writing that is delivered to the personal representative and may be revoked in writing by the beneficiary or heir at any time.
  2. By unanimous written consent, the beneficiaries of a testate estate or the heirs of an intestate estate may authorize the probate court to relieve the personal representative of the duty to make inventory in the same manner as described in subsection (b) of Code Section 53-7-1. Any such unanimous written consent, regardless of the date of execution, which relieves the personal representative from making inventory shall also relieve the personal representative from sending a copy of the inventory to the heirs or beneficiaries.

(Code 1981, §53-7-32, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 1998, p. 1586, § 31.)

Law reviews.

- For article surveying wills, trusts, and administration of estates, see 34 Mercer L. Rev. 323 (1982).

COMMENT

This section allows any individual beneficiary or heir to waive the right to receive the inventory and also allows all the beneficiaries or heirs to consent unanimously to have the personal representative relieved of the duty to make inventory. Code Section 53-7-1(b) describes ways in which the consent of individuals who are not sui juris or who are dead may be given.

Cases Citing O.C.G.A. § 53-7-32

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Cannon v. Bangs, 502 S.E.2d 224 (Ga. 1998).

Cited 4 times | Published | Supreme Court of Georgia | Jul 13, 1998 | 269 Ga. 671, 98 Fulton County D. Rep. 2377

...urt directing Cannon's mother, Marjorie Laing Bangs, as executrix of the estate of her late husband, James E. Bangs, to present a settlement of accounts under former OCGA § 53-7-163 and to post bond in the amount of $250,000 pursuant to former OCGA § 53-7-32....
...g Bangs, but this ruling is not at issue in this appeal. [4] At the time of death, James E. Bangs was survived by two daughters and two sons. [5] Former OCGA § 53-7-163(a) addressed "[a]ny person interested as distributee or legatee..." Former OCGA § 53-7-32 contemplated bond "upon the representation of any person in interest...." [6] We make no determinations on the merits of Cannon's claims of Marjorie Bangs' conduct as executrix with regard to the estate.