Staff Analysis of the Legislation
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HB 865 amends Titles 7, 9, 10, 15, 19, 23, 50, and 53 of the OCGA to
provide comprehensive revisions of laws regarding wills, trusts, and estates.
The jurisdiction of all probate courts is expanded to include DNA testing and
approval of settlement agreements. Additionally, the jurisdiction of Article 6
probate courts is expanded to include declaratory judgments involving fiduciaries
and construction of wills and trust matters. The qualifications of Article 6
court judges are aligned with those of superior and state court judges. The
bill also clarifies that probate courts are allowed to appoint a temporary
administrator in the absence of a personal representative. HB 865 revises
language across several subjects to provide clarification and improve
consistency across Code Sections. The bill extends the time limit for filing
objections in probate matters from ten to thirty days. It also clarifies that
the execution of will formalities requires physical presence and electronic
signatures are not sufficient. The bill further outlines which actions do not
violate a no contest clause in a will or trust. The bill states that year’s
support is to be preferred before all other debts or demands and clarifies
year's support provisions applied to a decedent’s minor children born to
individuals other than the decedent’s surviving spouse. The bill also outlines
the circumstances in which property taxes can be divested. The bill provides
for a prudent investor standard for trust assets all allows for trustees to
consider the personal beliefs of beneficiaries when making investment
decisions. Finally, HB 865 amends the 'Georgia Power of Attorney Act' to bring
uniform act provisions in line with statutes regarding real property transfers
and Medicaid qualification trusts and codifies several common law practices. |