PocketLaw | Georgia Code | Filing and Contents of Intermediate Report;

Filing and Contents of Intermediate Report; Notice to Heirs and Beneficiaries

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Any time after the six-month period following qualification, but not more frequently than once every 12 months, a personal representative may file with the probate court a report to be known as an intermediate report to the date specified.
Whenever a personal representative elects to file an intermediate report under subsection (a) of this Code section, the petition and report shall set forth all of the information required by law in annual returns and, in addition thereto, shall show:
1. The period which the report covers;
2. The names and addresses of living heirs of an intestate estate or beneficiaries of a testate estate known to the personal representative with the names of those who have or require a guardian; a description of any possible unborn or unascertained beneficiaries; and the name of the surety on the personal representative's bond, with the amount of the bond;
3. In a separate schedule, the principal on hand at the beginning of the accounting period and the status at that time of its investment; the investments received from the decedent and still held; additions to principal during the accounting period, with dates and sources of acquisition; investments collected, sold, or charged off during the accounting period, with the consequent loss or gain and whether credited to principal or income; investments made during the accounting period, with the date, source, and cost of each; deductions from the principal during the accounting period, with the date and purpose of each; and principal on hand at the end of the accounting period, how invested, and the estimated market value of each investment;
4. In a separate schedule, the income on hand at the beginning of the accounting period and in what form held; income received during the accounting period, when, and from what source; income paid out during the accounting period, when, to whom, and for what purpose; and income on hand at the end of the accounting period and how invested;
5. A statement of unpaid claims, with the reason for the failure to pay them, including a statement as to whether any estate or inheritance taxes have become due with regard to the property and, if due, whether paid;
6. A brief summary of the account; and
7. Such other facts as the court may by rule or by court order require.
The probate court, upon the petition and return being filed, shall issue a citation and shall require any objections to be filed in conformity with Chapter 11 of this title. Service shall be made on the heirs of an intestate estate or the beneficiaries of a testate estate or such other persons as the court requires in conformity with Chapter 11 of this title.

(Code 1981, §53-7-73, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 1998, p. 1586, § 39.)

Cross references.

- Guardians ad litem and appraisers for year's support in probate court proceedings, Uniform Rules for the Probate Courts, Rule 23.

Law reviews.

- For article, "Fiduciary Problems of the Executor and Trustee: Conflicts of Interest, Violations of Fiduciary Duties, Surcharge, and Other Remedies of Beneficiaries," see 9 Ga. St. B.J. 187 (1972).

COMMENT

This section carries forward former OCGA Sec. 53-7-184. Former sections 53-7-185 and -186 are subsumed in this section or covered by the general provisions relating to the filing of petitions in the probate court, which are found in Chapter 11 of this Title.

RESEARCH REFERENCES

Am. Jur. 2d.

- 28 Am. Jur. 2d, Estoppel and Waiver, § 158. 31 Am. Jur. 2d, Executors and Administrators, §§ 489, 868, 869, 873, 878. 42 Am. Jur. 2d, Infants, §§ 143, 148. 58 Am. Jur. 2d, Notice, §§ 26, 27, 30, 31, 36. 80 Am. Jur. 2d, Wills, § 808 et seq.

C.J.S.

- 34 C.J.S., Executors and Administrators, §§ 1005 et seq., 1046.

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