§ 53-7-184 - (Pre-1998 Probate Code) Intermediate final reports -- Time for making reports; contents of petition and report; service; appointment of guardians ad litem; time for hearing
O.C.G.A. 53-7-184 (2010)
53-7-184. (Pre-1998 Probate Code) Intermediate final reports -- Time for making reports; contents of petition and report; service; appointment of guardians ad litem; time for hearing
(a) For the period ending with the third anniversary from the qualification of a fiduciary, as listed in Code Section 53-7-180, and for each three-year period thereafter, the fiduciary may file a report, to be known as an "intermediate final report," to the date specified.
(b) Whenever any fiduciary elects to have an intermediate final accounting under subsection (a) of this Code section, he shall, within 60 days after the anniversary date, file his petition in the probate court of the county in which his annual returns are filed. The fiduciary shall set forth, in the petition and report or in exhibits thereto, all of the information required by law for annual returns and in addition thereto shall show:
(1) The period which the account covers;
(2) The names and addresses of the living beneficiaries known to the fiduciary, with a statement as to those known to be minors or under a legally declared disability; a description of any possible unborn or unascertained beneficiaries; and the name of the surety or sureties on the fiduciary's bond, with the amount of the bond;
(3) In a separate schedule, the trust principal on hand at the beginning of the accounting period and the then status of its investment; the investments received from the decedent, ward, or settlor and still held; additions to trust 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 trust 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 trust income on hand at the beginning of the accounting period and in what form held; trust income received during the accounting period, when, and from what source; trust income paid out during the accounting period, when, to whom, and for what purpose; trust income on hand at the end of the accounting period, and how invested;
(5) A statement of unpaid claims, with the reason for failure to pay them, including a statement as to whether any estate or inheritance taxes have become due with regard to the trust 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.
(c) The judge of the probate court, upon the petition and return being filed with him, shall, upon written order, fix a time and place for a hearing thereon and in the order shall name the persons on whom service shall be made by personal service or by service by publication for nonresidents. Service on contingent remaindermen need not be required by the order. Residents of this state who are named in the order shall be served personally with a copy of the petition and return. Service on nonresidents named in the order shall be perfected in the same manner that service of petitions for the probate of wills in solemn form is perfected on nonresidents. In addition, citation shall issue addressed to all other persons at interest, in such form as the judge shall direct, and shall be published in the newspaper in which sheriff's advertisements appear for the county, once a week for four weeks prior to the date fixed for the hearing. Guardians ad litem shall be appointed for minors and persons under disability. The date for hearing on the petition shall be fixed by the judge at a regular term of the probate court which convenes not less than 20 days after the date of the filing of the petition. In cases where it is necessary to perfect service on nonresidents by publication, the court shall fix the time of hearing sufficiently in advance in order to permit service by publication as provided by law and, if necessary, the court may from time to time continue the hearing by regular written orders in order to permit service to be perfected or for other causes.