Georgia § 53-8-15 - Passage of title to heirs or beneficiaries; assent of personal representative.

§ 53-8-15. Passage of title to heirs or beneficiaries; assent of personal representative.

The title to all property of an estate being in the personal representative for the payment of debts and other purposes of administration, title to property in the estate does not pass to the heirs or beneficiaries until the personal representative assents thereto in evidence of the distribution of the property to them, except as otherwise provided in Code Section 53-2-7. Such assent may be express or may be presumed from the conduct of the personal representative. Assent should be evidenced in writing as a deed of conveyance to real property, bill of sale conveying tangible personal property, or an assignment or transfer of interests in intangible personal property. In the absence of prior assent, the discharge of a personal representative shall be conclusive evidence of the personal representative's assent. At any time after the lapse of one year from the date of qualification of the personal representative, an heir or beneficiary who is entitled to the distribution of property from an estate may, personally or by a guardian or conservator: Cite the personal representative in the probate court to show cause why assent should not be given after service of notice in accordance with Chapter 11 of this title; and Subject to Code Section 23-1-4 , compel such assent by an equitable proceeding. (Code 1981, § 53-8-15 , enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 1998, p. 1586, § 42; Ga. L. 2020, p. 377, § 1-59/HB 865.) The 2020 amendment, effective January 1, 2021, in subsection (d), substituted "a guardian or conservator: (1) Cite" for "guardian, cite", and substituted "after service of notice in accordance with Chapter 11 of this title; and (2) Subject to Code Section 23-1-4," for "and may". Law reviews. - For article advocating uniform treatment of the devolution of title, and abolition of distinctions based on the form of wealth or the fact of intestacy, see 10 Ga. L. Rev. 447 (1976). For annual survey on wills, trusts, guardianships, and fiduciary administration, see 61 Mercer L. Rev. 385 (2009).