Waiver of Right to Receive; Relieving Personal Representative of Duty to Make

  1. Law
  2. Georgia Code
  3. Wills, Trusts, and Administration of Estates
  4. Administration of Estates Generally
  5. Inventory
  6. Waiver of Right to Receive; Relieving Personal Representative of Duty to Make

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  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.


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