O.C.G.A.

O.C.G.A. § 53-7-69 (2019)

Power of testator to dispense with necessity of return

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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A testator may, by will, dispense with the necessity of the personal representative’s filing an annual return with the probate court or the beneficiaries or both, provided the same does not work any injury to creditors or persons other than beneficiaries under the will. If a will was executed in another state and the will is valid in this state and under the laws of the state where the will was executed the personal representative would not have been required to file annual returns or if the will otherwise expresses an intent to relieve the personal representative from all reporting requirements, such a will shall be construed as dispensing with the necessity of annual returns in Georgia, provided the same does not work any injury to creditors or parties other than beneficiaries under the will. In all wills, regardless of the date of execution, relief from filing returns with the court shall also relieve the personal representative from sending a copy of the return to the beneficiaries.

History

Code 1981, § 53-7-69, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 1998, p. 1586, § 38.

Annotations

Law reviews. - For article discussing

methods of simplifying the administration of estates by excusing the executors from certain obligations, see 6 Ga. L. Rev. 74 (1971).

COMMENT This section replaces the provisions of former OCGA Sec. 53-7-79 that related to the dispensation of the duty to file returns. This section reflects the provisions of Code Sec. 53-7-33 by allowing a testator by will to dispense with the requirement that the personal representative file annual returns. JUDICIAL DECISIONS Editor’s notes. - In light of the similarity of the statutory provisions, decisions under former Code 1933, § 113-1414, are included in the annotations for this Code section. Statute did not provide cause of action to creditor of the estate. - Because an estate’s executors were exempted by the terms of the testator’s will from the duty to file an accounting or

inventory, a creditor of the estate was not entitled to compel the executors to file such reports. O.C.G.A. §§ 53-7-33 and 53-7-69 did not provide for a cause of action but simply noted that the executors were not unaccountable for injury based on the exemption. In re Estate of Willis, 310 Ga. App. 377, 713 S.E.2d 464 (2011). Cited in Chapalas v. Papachristos, 185 Ga. 544, 195 S.E. 737 (1937).

Notes of Decisions

Cited in 1 case, 2011–2011 · leading case: In Re Est. of Willis, 713 S.E.2d 464 (Ga. Ct. App. 2011).

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In Re Est. of Willis, 713 S.E.2d 464 (Ga. Ct. App. 2011). · cites it 2× “2 OCGA § 53-7-33 (allowing testator to dispense with necessity of filing an inventory); OCGA § 53-7-69 (allowing testator to dispense with necessity of filing an annual return).”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.