Georgia Renunciation And Disclaimer of Property from Will by Testate
TITLE 53 WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES
CHAPTER 1 GENERAL PROVISIONS
ARTICLE 3 RENUNCIATION
Renouncing succession.
(a) For purposes of this Code section, the term "property"
includes any interest in property and any power over or right with respect
to the property.
(b) Any person to whom an interest in property is transferred or
who succeeds to property by contract or by operation of law may renounce
the property in whole or in part as provided in this Code section. A person
may renounce even if a spendthrift or similar restriction applies to the
property renounced. Persons who may renounce include fiduciaries acting
on behalf of an individual, such as personal representatives, trustees,
conservators, or guardians, as well as duly authorized attorneys in fact,
whether acting on behalf of an individual or fiduciary.
(c) A renunciation must be made by a written instrument that describes
the renounced property, declares the renunciation and the extent of it,
and is signed by the person making the renunciation.
(d) The written instrument must be received by the transferor of
the property, the transferor's legal representative, or other holder of
title to the property not later than the date which is nine months after
the later of:
(1) The date of the transfer; or
(2) The day on which the person making the renunciation reaches
the age of 21.
The instrument may also be filed in the probate
court of the county in which proceedings concerning the transferor's estate
are pending or in which they could be commenced and, in the case of real
property, in the real property records of the county in which the real
property is located. An instrument so filed in the probate court shall
be conclusively presumed to have been received by the personal representative
of the transferor's estate not later than the date of such filing, but
earlier receipt may be shown.
(e) A person who has accepted property or any of its benefits may not
renounce the property.
(f)
(1) Except as otherwise provided by the will or other governing
instrument, a renunciation shall cause the renounced property to pass as
if the person renouncing had predeceased the decedent or, in the case of
property passing upon exercise of a power of appointment, as if the person
renouncing had predeceased the holder of the power; provided, however,
that, solely for the purposes of the last clause of paragraph (5) and the
last clause of paragraph (7) of subsection (b) of Code Section 53-2-1,
any individual renouncing who is the only sibling or the only aunt or uncle
surviving the decedent shall not be deemed to have predeceased the decedent.
(2) Renounced property that is the subject of an attempted outright
gift shall be treated as an incomplete gift.
(3) A renounced power over property shall be treated as if such
power had not been created with respect to the person renouncing such power.
(4) The expression in a renunciation of an intent or desire that
the property pass to certain persons shall be considered merely precatory
and shall have no legal effect unless specifically declared to be a condition
of the renunciation.
(g) In every case a renunciation relates back for all purposes to the
applicable date among the following:
(1) The date of death of the decedent;
(2) The date of the death of the holder of the power of appointment;
(3) The date the gift was attempted; or
(4) The date the power was created.
(h) This Code section does not abridge the right of any person to transfer
or renounce any property under any other statute or common law. Any renunciation
that is otherwise valid but fails to meet the requirements of subsections
(c) and (d) of this Code section shall operate as a transfer of the property
to those persons who would have received it had the renunciation met those
requirements.
(i) Nothing in this Code section alters the duties of any fiduciary
to act in the best interests of the person the fiduciary represents. This
subsection shall not, however, limit the power granted by this code section
to a fiduciary to renounce property.
Title 53, Chap. 1, Art. 3, §53-1-20. (Revised Probate Code of
1998)
