Title 53, Chapter 7, Section 50
( 53-7-50)
(a) A personal representative who has fully performed all duties or
who has been allowed to resign may petition the probate court for
discharge from the office and from all liability. The petition
shall state that the personal representative has fully administered
the estate of the decedent and shall set forth the names and
addresses of all known heirs of an intestate decedent or
beneficiaries of a testate decedent, including any persons who
succeeded to the interest of any heir or beneficiary who died after
the decedent died, and shall name which of the heirs or
beneficiaries is or should be represented by a guardian. The
petition shall state that the personal representative has paid all
claims against the estate or shall enumerate which claims of the
estate have not been paid and the reason for such nonpayment. The
petition shall also state that the personal representative has filed
all necessary inventory and returns or, alternatively, has been
relieved of such filings by the testator, the heirs or
beneficiaries, or the probate court. (b)(1) Subject to paragraphs (2) and (3) of this subsection, upon
the filing of a petition for discharge, citation shall issue to
all heirs or beneficiaries, as provided in Chapter 11 of this
title, requiring them to file any objections to the discharge,
except that in all cases a citation shall be published one time in
the newspaper in which sheriff's advertisements are published in
the county in which the petition is filed at least ten days prior
to the date on or before which any objection is required to be
filed. Any creditors whose claims are disputed shall be served in
accordance with Chapter 11 of this title. (2) Notwithstanding paragraph (1) of this subsection, it shall not be necessary to notify any heir or beneficiary who has relieved the personal representative of all liability or any heir or beneficiary with respect to whom the personal representative has been relieved of all further liability in a binding proceeding such as a settlement of accounts pursuant to Code Sections 53-7-60 through 53-7-63 or an intermediate report pursuant to Code Sections 53-7-73 through 53-7-76. (3) For purposes of this Code section, a beneficiary is a person,
including a trust, who is designated in a will to take an interest
in real or personal property and who (A) has a present interest,
including but not limited to a vested remainder interest but not
including a trust beneficiary where there is a trustee who is not
also the personal representative seeking discharge and (B) whose
identity and whereabouts are known or may be determined by
reasonable diligence. (c) If any party in interest files objection to the discharge, a
hearing shall be held. If as a result of the hearing, the probate
court is satisfied that the personal representative has faithfully
and honestly discharged the office, an order shall be entered
releasing and discharging the personal representative from all
liability. If no objections are filed, the probate court shall
enter the order for discharge without further proceedings or delay.
Any heir or beneficiary or creditor who is a minor at the time of
the discharge and who is not represented by a guardian may, within
two years of reaching the age of majority, commence suit against the
personal representative and such discharge shall be no bar to the
action. (d) If other property of the estate is discovered after an estate
has been settled and the personal representative discharged, the
probate court, upon petition of any interested person and upon such
notice as it directs, may appoint the same personal representative
or a successor personal representative to administer the
subsequently discovered estate. If a new appointment is made,
unless the probate court orders otherwise, the provisions of this
title shall apply as appropriate; but no claim previously barred may
be asserted in the subsequent administration. (e) A personal representative may petition the court solely for
discharge from office by filing the petition described in subsection
(a) of this Code section and by giving notice by publication one
time in the official county newspaper and by first-class mail to all
creditors of the estate whose claims have not been paid informing
them of their right to file an objection and be heard as described
in subsection (c) of this Code section. |