Georgia Code
Title 53 - Wills, Trusts, and Administration of Estates

§ 53-1-4. Effect on Support Obligation of Use of Income From Estate or Trust for Support - Whenever income from an estate or trust is available for...

§ 53-1-5. Right of Individual Who Feloniously and Intentionally Kills or Conspires to Kill to Inherit - History. Code 1981, § 53-1-5 , enacted by Ga. L....

§ 53-1-6. Payment to Surviving Spouse of State or Federal Income Tax Overpayments - History. Code 1981, § 53-1-6 , enacted by Ga. L....

§ 53-1-7. Surviving Spouse Under the Age of 18 Years - A surviving spouse who is under the age of 18...

§ 53-1-8. Adopted Individuals - A decree of adoption, whether issued by a court of...

§ 53-1-9. Survival of Common Law and Equity - Except to the extent that the principles of common law...

Article 2 - Advancements

§ 53-1-10. Lifetime Transfers - History. Code 1981, § 53-1-10 , enacted by Ga. L....

§ 53-1-11. Value - Every advancement shall be valued without interest at its value...

§ 53-1-12. Manner of Taking Into Account - History. Code 1981, § 53-1-12 , enacted by Ga. L....

§ 53-1-13. Consideration of Satisfaction or Advancement When Recipient Predeceases Transferor - Unless the writing described in subsection (c) of Code Section...

Article 3 - Renunciation

§ 53-1-20. Renouncing Property; Procedures; Relation Back; Abridgement; Fiduciary Duties - The instrument may also be filed in the probate court...

Chapter 2 - Descent and Distribution

Article 1 - General Provisions

§ 53-2-1. Rules of Inheritance When Decedent Dies Without Will; Effect of Abandonment of Child - History. Code 1981, § 53-2-1 , enacted by Ga. L....

§ 53-2-3. Inheritance by Children Born Out of Wedlock - The rights of inheritance of a child born out of...

§ 53-2-4. Inheritance From Children Born Out of Wedlock - History. Code 1981, § 53-2-4 , enacted by Ga. L....

§ 53-2-5. Children Conceived by Artificial Insemination - An individual conceived by artificial insemination and presumed legitimate in...

§ 53-2-6. Individual Related to Decedent Through Two or More Lines of Relationship - An individual who is related to the decedent through two...

§ 53-2-7. Vesting of Title to Property; Right to Possession - History. Code 1981, § 53-2-7 , enacted by Ga. L....

§ 53-2-8. Death Intestate, and Without Ascertainable Heirs, of Spouse of Intestate Decedent - History. Code 1981, § 53-2-8 , enacted by Ga. L....

Article 2 - Judicial Determination of Heirs and Interests

§ 53-2-20. Jurisdiction of Probate or Superior Court - The identity or interest of any heir may be resolved...

§ 53-2-21. Filing of Petition - Any personal representative, guardian, conservator, committee, trustee, fiduciary, or other...

§ 53-2-22. Petition by Person Claiming to Be Heir or Distributee - Any individual claiming to be an heir or any person...

§ 53-2-23. Superior Court Procedure - Upon the filing in a superior court of a petition...

§ 53-2-24. Probate Court Procedure - Upon the filing in a probate court of a petition...

§ 53-2-25. Intervention by Person Claiming to Be Heir or Distributee - Any individual claiming to be an heir or any person...

§ 53-2-26. Effect of Findings of Court - In the absence of fraud, the findings of the superior...

§ 53-2-27. Dna Testing for Kinship; Procedure; Costs - History. Code 1981, § 53-2-27 , enacted by Ga. L....

Article 3 - Distribution of Estate in Kind

§ 53-2-30. Authority of Administrator; Method of Distribution Provided for in Will - History. Code 1981, § 53-2-30 , enacted by Ga. L....

§ 53-2-31. Petition in Probate Court; Distribution in Kind Not Pro Rata - An heir or the administrator may petition the probate court...

§ 53-2-32. Order of Probate Court - If no objection is made to the petition, the probate...

Article 4 - Dispensing With Administration

§ 53-2-40. Petition - History. Code 1981, § 53-2-40 , enacted by Ga. L....

§ 53-2-41. Issuance of Citation and Order; Objections - History. Code 1981, § 53-2-41 , enacted by Ga. L....

§ 53-2-42. Right of Action by Creditor - After the granting of an order by the probate court...

Article 5 - Escheat

§ 53-2-50. Definition - As used in this article, the term “escheat” is the...

§ 53-2-51. Procedure - History. Code 1981, § 53-2-51 , enacted by Ga. L....

Chapter 3 - Year’s Support

§ 53-3-1. Preference and Entitlement - History. Code 1981, § 53-3-1 , enacted by Ga. L....

§ 53-3-2. Events Barring Right to Support - History. Code 1981, § 53-3-2 , enacted by Ga. L....

§ 53-3-3. Provision in Will in Lieu of Support; Election - A testator by will may make provision for the spouse...

§ 53-3-4. “Homestead” Defined; Taxes and Tax Liens - History. Code 1981, § 53-3-4 , enacted by Ga. L....

§ 53-3-5. Filing of Petition - History. Code 1981, § 53-3-5 , enacted by Ga. L....

§ 53-3-6. Issuance of Citation and Publication of Notice; Mailing of Petition to Tax Commissioner - History. Code 1981, § 53-3-6 , enacted by Ga. L....

§ 53-3-7. Hearing and Determination - The petitioner for year’s support shall have the burden of...

§ 53-3-8. Minor Children by Individuals Other Than Surviving Spouse - History. Code 1981, § 53-3-8 , enacted by Ga. L....

§ 53-3-9. Vesting of Title to Property Set Apart - History. Code 1981, § 53-3-9 , enacted by Ga. L....

§ 53-3-10. Property Inside or Outside County - The probate court may award year’s support as to property...

§ 53-3-11. Awarding Interest in Real Property - Click to view History. Code 1981, § 53-3-11 , enacted...

§ 53-3-12. Fees - History. Code 1981, § 53-3-12 , enacted by Ga. L....

§ 53-3-13. Sale or Conveyance of Property by Personal Representative or Temporary Administrator Prior to Award - The right of a surviving spouse or minor child to...

§ 53-3-14. Real Property Subject to Option to Purchase or Contract to Sell - If year’s support is set apart for the benefit of...

§ 53-3-15. Conveyance, Contract, or Lien Made by Surviving Spouse or Guardian - A conveyance, contract, or lien made or created by the...

§ 53-3-16. Real Property Subject to Purchase Money Mortgage - Whenever the vendor of real property makes a deed to...

§ 53-3-17. Personal Property Subject to Mortgage or Other Security Interest - Whenever the vendor of personal property, at the time of...

§ 53-3-18. Landlord’s Lien on Crops - Whenever a tenant dies owing a landlord for rent or...

§ 53-3-19. Conveyance or Encumbrance by Surviving Spouse of Property Set Aside; Effect - History. Code 1981, § 53-3-19 , enacted by Ga. L....

§ 53-3-20. Conveyance or Encumbrance by Surviving Spouse of Property Set Aside; Approval of Probate Court - History. Code 1981, § 53-3-20 , enacted by Ga. L....

§ 53-3-21. Appointment of Temporary Administrator - If there is no personal representative of the decedent’s estate,...

Chapter 4 - Wills

Article 1 - General Provisions

§ 53-4-1. Power of Testator - A testator, by will, may make any disposition of property...

§ 53-4-2. When Will Takes Effect - A will shall take effect instantly upon the death of...

§ 53-4-3. Determination Whether Instrument Is Will - No particular form is necessary to constitute a will. To...

§ 53-4-4. Incorporation of Extrinsic Documents Into Will - History. Code 1981, § 53-4-4 , enacted by Ga. L....

§ 53-4-5. Written Statement or List Disposing of Items of Tangible Personal Property - The writing may be referred to as one to be...

Article 2 - Testamentary Capacity

§ 53-4-10. Minimum Age; Conviction of Crime - History. Code 1981, § 53-4-10 , enacted by Ga. L....

§ 53-4-11. Decided and Rational Desire; Incapacity to Contract; Insanity; Advanced Age or Eccentricity - History. Code 1981, § 53-4-11 , enacted by Ga. L....

§ 53-4-12. Freedom of Volition - A will must be freely and voluntarily executed. A will...

Article 3 - Execution and Attestation

§ 53-4-20. Required Writing; Signing; Witnesses; Codicil - History. Code 1981, § 53-4-20 , enacted by Ga. L....

§ 53-4-21. Knowledge of Contents of Will by Testator - Knowledge of the contents of a will by the testator...

§ 53-4-22. Competency of Witness - History. Code 1981, § 53-4-22 , enacted by Ga. L....

§ 53-4-23. Testamentary Gift to Witness or Witness’s Spouse - History. Code 1981, § 53-4-23 , enacted by Ga. L....

§ 53-4-24. Self-Proved Will or Codicil - Click to view STATE OF GEORGIA COUNTY of Before me,...

Article 4 - Joint or Mutual Wills

§ 53-4-30. Contract Concerning Succession - A contract made on or after January 1, 1998, that...

§ 53-4-31. Definitions - History. Code 1981, § 53-4-31 , enacted by Ga. L....

§ 53-4-32. Effect of Execution - The execution of a joint will or of mutual wills...

§ 53-4-33. Revocation - History. Code 1981, § 53-4-33 , enacted by Ga. L....

Article 5 - Revocation and Republication

§ 53-4-40. Power of Testator - A will may be changed or revoked by the testator...

§ 53-4-41. Intent - In all cases of revocation, the intent to revoke is...

§ 53-4-42. Express or Implied Revocation - History. Code 1981, § 53-4-42 , enacted by Ga. L....

§ 53-4-43. Subsequent Will or Other Written Instrument - An express revocation may be effected by a subsequent will...

§ 53-4-44. Destruction or Obliteration of Will or Material Portion Thereof - An express revocation may be effected by any destruction or...

§ 53-4-45. Revival or Republication of Previous Will - History. Code 1981, § 53-4-45 , enacted by Ga. L....

§ 53-4-46. Presumption of Intent - History. Code 1981, § 53-4-46 , enacted by Ga. L....

§ 53-4-47. Effect of Implied Revocation - An implied revocation extends only so far as an inconsistency...

§ 53-4-48. Effect of Testator’s Marriage, or Birth or Adoption of Child; Provision in Will for Class of Children - History. Code 1981, § 53-4-48 , enacted by Ga. L....

§ 53-4-49. Effect of Testator’s Divorce, Annulment, or Remarriage to Former Spouse - All provisions of a will made prior to a testator’s...

§ 53-4-50. Republication of Revoked Will - A revoked will may be republished by a writing executed...

Article 6 - Construction of Will; Testamentary Gifts

§ 53-4-55. Construction of Wills; Intention of Testator - In the construction of all wills, the court shall seek...

§ 53-4-56. Construction of Wills; Parol Evidence - In construing a will, the court may hear parol evidence...

§ 53-4-57. Partial Illegality of Will - If a will is illegal in part, the part that...

§ 53-4-58. Failure to Provide for Living Child Believed Dead - If at the time of execution of the will the...

§ 53-4-59. Specific, Demonstrative, General, or Residuary Testamentary Gifts - Testamentary gifts may be specific, demonstrative, general, or residuary. A...

§ 53-4-60. Income, Profit, or Increase of Specific Testamentary Gifts - The income, profit, or increase of specific testamentary gifts, as...

§ 53-4-61. Time at Which General or Demonstrative Testamentary Gift Bears Interest - History. Code 1981, § 53-4-61 , enacted by Ga. L....

§ 53-4-62. Testamentary Gift to Charity - If a testamentary gift to a charity cannot be executed...

§ 53-4-63. Payment of Debts of Testator and Expenses of Estate Administrator - History. Code 1981, § 53-4-63 , enacted by Ga. L....

§ 53-4-64. Death of Beneficiary Before Will Executed or Before Death of Testator - History. Code 1981, § 53-4-64 , enacted by Ga. L....

§ 53-4-65. Disposition of Lapsed or Void Testamentary Gift of Residuum - History. Code 1981, § 53-4-65 , enacted by Ga. L....

§ 53-4-66. Ademption or Destruction of Specific Testamentary Gift - Except as provided in Code Section 53-4-67, a specific testamentary...

§ 53-4-67. Exchange, Loss, Theft, Destruction, or Condemnation of Testamentary Gift - History. Code 1981, § 53-4-67 , enacted by Ga. L....

§ 53-4-68. Conditions That Are Impossible, Illegal, or Against Public Policy; Conditions in Terrorem - History. Code 1981, § 53-4-68 , enacted by Ga. L....

§ 53-4-69. Election by Beneficiary With Claim Adverse to Will - A beneficiary taking under a will shall allow all the...

§ 53-4-70. Election by Beneficiary Owning Testamentary Gift of Property - History. Code 1981, § 53-4-70 , enacted by Ga. L....

§ 53-4-71. Compensation to Defeated Beneficiary Electing Against Will - If, pursuant to Code Sections 53-4-69 and 53-4-70, an election...

§ 53-4-72. Passing of After-Acquired Property - All property owned by the testator at death that was...

§ 53-4-73. Disposition of Heart Pacemakers - History. Code 1981, § 53-4-73 , enacted by Ga. L....

§ 53-4-74. Pecuniary Marital Deduction Testamentary Gift or Transfer - History. Code 1981, § 53-4-74 , enacted by Ga. L....

Chapter 5 - Probate

Article 1 - General Provisions

§ 53-5-1. Jurisdiction and Domicile - History. Code 1981, § 53-5-1 , enacted by Ga. L....

§ 53-5-2. Right to Offer Will for Probate; “Interested Person” Defined - History. Code 1981, § 53-5-2 , enacted by Ga. L....

§ 53-5-3. Time Limitation - History. Code 1981, § 53-5-3 , enacted by Ga. L....

§ 53-5-4. Recovery of Property From Bona Fide Purchaser for Value - An executor acting under or any person claiming under a...

§ 53-5-5. Duty to File Will - A person having possession of a will shall file it...

§ 53-5-6. Admission of Executor Before Qualification or of a Beneficiary - On the investigation of an issue of devisavit vel non,...

§ 53-5-7. Proof of Codicil - If a codicil republished a will except as to any...

Article 2 - Common Form

§ 53-5-15. Common or Solemn Form - Probate of a will may be in common form or...

§ 53-5-16. Conclusiveness; Persons Protected if Set Aside - History. Code 1981, § 53-5-16 , enacted by Ga. L....

§ 53-5-17. Procedure - History. Code 1981, § 53-5-17 , enacted by Ga. L....

§ 53-5-18. Court Order - The order to probate a will in common form may...

§ 53-5-19. When Conclusive Upon Parties in Interest - Probate in common form shall become conclusive upon all parties...

Article 3 - Solemn Form

§ 53-5-20. Conclusiveness - History. Code 1981, § 53-5-20 , enacted by Ga. L....

§ 53-5-21. Procedure - History. Code 1981, § 53-5-21 , enacted by Ga. L....

§ 53-5-22. Service of Notice - Service of notice shall not be required in the case...

Article 4 - Witnesses; Settlement Agreement; Expenses

§ 53-5-23. Methods of Examining Witnesses; Photocopy of Will - History. Code 1981, § 53-5-23 , enacted by Ga. L....

§ 53-5-24. Unavailability of Subscribing Witnesses - When it appears that a will cannot be proved as...

§ 53-5-25. Settlement Agreement - History. Code 1981, § 53-5-25 , enacted by Ga. L....

§ 53-5-26. Persons Entitled to Recover Expenses - Upon petition to the probate court, a person named as...

§ 53-5-27. Nonjudicial Settlement Agreement - History. Code 1981, § 53-5-27 , enacted by Ga. L....

Article 5 - Foreign and Out-of-State Wills; Nondomiciliaries

Part 1 - General Provisions

§ 53-5-30. Definitions - For purposes of this article: History. Code 1981, § 53-5-30...

§ 53-5-31. Requisites for Admission to Probate - A foreign will or an out-of-state will may be admitted...

§ 53-5-32. Effect of Admission to Probate - If a foreign will or an out-of-state will is admitted...

§ 53-5-33. Requisites for Admission to Ancillary Probate - History. Code 1981, § 53-5-33 , enacted by Ga. L....

§ 53-5-34. Effect of Admission to Ancillary Probate - If a foreign will or an out-of-state will is admitted...

§ 53-5-35. Muniments of Title to Realty - History. Code 1981, § 53-5-35 , enacted by Ga. L....

§ 53-5-36. Jurisdiction - The probate court of any county in this state in...

§ 53-5-37. Qualification of Executor or Administrator - Upon the admission of a foreign will or an out-of-state...

§ 53-5-38. Distribution of Intestate Nondomiciliary’s Real Property - If a nondomiciliary dies intestate owning real property located in...

§ 53-5-39. Appointment of Administrator of Intestate Nondomiciliary’s Estate - When a nondomiciliary dies intestate owning real property located in...

§ 53-5-40. Notice Given by Ancillary Personal Representative - Upon qualification, the ancillary personal representative shall give notice to...

§ 53-5-41. Laws or Court Orders Governing Administration of Estate by Ancillary Personal Representative - An ancillary personal representative shall be subject to the laws...

Part 2 - Foreign Personal Representatives

§ 53-5-42. Powers - When an individual dies domiciled outside of this state possessed...

§ 53-5-43. Evidence of Authority - A copy of letters, or like documentation authenticated in accordance...

§ 53-5-44. Application to Protect Interest in Property - Any person having an interest or claim as heir, beneficiary,...

§ 53-5-45. Jurisdiction - Jurisdiction under paragraph (1) of this subsection is limited to...

§ 53-5-46. Service of Process - History. Code 1981, § 53-5-46 , enacted by Ga. L....

§ 53-5-47. Effect of Adjudication - An adjudication with respect to personal property rendered in any...

Article 6 - Jurisdiction

§ 53-5-50. Original Jurisdiction; Petition and Pleading Requirements - History. Code 1981, § 53-5-50 , enacted by Ga. L....

§ 53-5-51. Contents of Petition; Service of Notice; Issuance of Relief - History. Code 1981, § 53-5-51 , enacted by Ga. L....

§ 53-5-52. Time Limitation; Filing of Petition Constitutes Claim Against Estate - History. Code 1981, § 53-5-52 , enacted by Ga. L....

§ 53-5-53. Applicability of Article - The provisions of this article shall govern in proceedings in...

Article 7 - Uniform Transfer on Death Security Registration

§ 53-5-60. Short Title - This article shall be known and may be cited as...

§ 53-5-61. Definitions - As used in this article, the term: History. Code 1981,...

§ 53-5-62. Ownership of a Security - Only individuals whose registration of a security shows sole ownership...

§ 53-5-63. Authorization of Beneficiary Form - A security may be registered in beneficiary form if the...

§ 53-5-64. Registration of a Beneficiary Form - A security, whether evidenced by certificate or account, is registered...

§ 53-5-65. Words Used in Beneficiary Form - Registration in beneficiary form may be shown by the words...

§ 53-5-66. Designation of Transfer in Beneficiary Form - The designation of a transfer on death beneficiary on a...

§ 53-5-67. Ownership of Registered Security After Death - On death of a sole owner or the last to...

§ 53-5-68. Duties of Registering Entity; Implementation of Registration; Applicability of Code Section 53-5-67; Protective Effect - History. Code 1981, § 53-5-68 , enacted by Ga. L....

§ 53-5-69. Effect of Beneficiary Form - History. Code 1981, § 53-5-69 , enacted by Ga. L....

§ 53-5-70. Terms and Conditions of Beneficiary Form; Illustrations - History. Code 1981, § 53-5-70 , enacted by Ga. L....

§ 53-5-71. Applicability of Article - This article applies to registrations of securities in beneficiary form...

Chapter 6 - Administrators and Personal Representatives

Article 1 - General Provisions

§ 53-6-1. Eligibility - Any individual who is sui juris, regardless of citizenship or...

§ 53-6-2. Executor De Son Tort - Any person who, without authority of law, wrongfully intermeddles with...

Article 2 - Appointment

§ 53-6-10. Nomination by Testator - History. Code 1981, § 53-6-10 , enacted by Ga. L....

§ 53-6-11. Qualification - History. Code 1981, § 53-6-11 , enacted by Ga. L....

§ 53-6-12. Declination - A nominated executor may decline in writing the right to...

§ 53-6-13. Appointment by Court - Unless another nominated executor qualifies within the time provided in...

§ 53-6-14. Selection by Beneficiaries - History. Code 1981, § 53-6-14 , enacted by Ga. L....

§ 53-6-15. Petition for Letters of Administration With Will Annexed - History. Code 1981, § 53-6-15 , enacted by Ga. L....

§ 53-6-16. Oath or Affirmation of Executor and Administrator With Will Annexed - Click to view “I do solemnly swear (or affirm) that...

Article 3 - Letters of Administration

§ 53-6-20. Selection or Appointment of Administrator - An administrator may be unanimously selected by all the heirs...

§ 53-6-21. Petition to Court; Contents - History. Code 1981, § 53-6-21 , enacted by Ga. L....

§ 53-6-22. Notice - Notice of the petition for letters of administration shall be...

§ 53-6-23. Issuance - Letters of administration may issue to any person selected as...

§ 53-6-24. Oath or Affirmation of Administrator - Click to view “I do solemnly swear (or affirm) that...

Article 4 - Temporary Administration

§ 53-6-30. Power of Court; Appointment of Administrator; Appeal - History. Code 1981, § 53-6-30 , enacted by Ga. L....

§ 53-6-31. Power of Administrator - History. Code 1981, § 53-6-31 , enacted by Ga. L....

§ 53-6-32. Oath or Affirmation of Temporary Administrator - I do solemnly swear (or affirm) that _______________ , deceased,...

Article 5 - County Administrators

§ 53-6-35. Appointment - History. Code 1981, § 53-6-35 , enacted by Ga. L....

§ 53-6-36. Qualifications and Compensation - History. Code 1981, § 53-6-36 , enacted by Ga. L....

§ 53-6-37. Term; Vacancies; Discharge of Duties After Expiration of Term or Removal From Office; Resignation - History. Code 1981, § 53-6-37 , enacted by Ga. L....

§ 53-6-38. Administration of Unrepresented Estate by County Administrator - If for any reason an estate is unrepresented and not...

§ 53-6-39. Administration or Unrepresented Estate by Clerk of Superior Court - If for any reason a county has no county administrator...

§ 53-6-40. Separate Letters of Administration; Governing Law; Appointment for Sole Purpose of Commencing or Continuing Lawsuit Against Estate - History. Code 1981, § 53-6-40 , enacted by Ga. L....

§ 53-6-41. Bond - Each county administrator shall give bond, with good security to...

§ 53-6-42. Power of Court to Revoke Letters of Administration, Require Additional Security, or Pass Other Order - The probate court may, for good cause shown, as provided...

§ 53-6-43. Proceedings to Require Additional Security - History. Code 1981, § 53-6-43 , enacted by Ga. L....

§ 53-6-44. Settlement of Estate Without Administration - Nothing in this article shall be construed to require the...

Article 6 - Bond

§ 53-6-50. Persons Required to Give; Determination of Amount - History. Code 1981, § 53-6-50 , enacted by Ga. L....

§ 53-6-51. Requisites - History. Code 1981, § 53-6-51 , enacted by Ga. L....

§ 53-6-52. Reduction - If the value of an estate decreases, the probate court...

§ 53-6-53. Personal Representative Qualified to Serve Without, or Not Otherwise Legally Required to Give, Bond - When a personal representative has qualified to serve without bond...

§ 53-6-54. Recordation and Custody - The clerk of the probate court shall record bonds in...

Article 7 - Compensation

§ 53-6-60. Amount - History. Code 1981, § 53-6-60 , enacted by Ga. L....

§ 53-6-61. Expenses - Personal representatives shall be allowed reasonable expenses incurred in the...

§ 53-6-62. Extra Compensation - History. Code 1981, § 53-6-62 , enacted by Ga. L....

§ 53-6-63. Compensation From Business Enterprise - History. Code 1981, § 53-6-63 , enacted by Ga. L....

§ 53-6-64. Compensation to Temporary Administrator - A temporary administrator may apply to the court for reasonable...

Chapter 7 - Administration of Estates Generally

Article 1 - Powers and Duties Generally

§ 53-7-1. General Powers and Duties of Personal Representative; Additional Powers - History. Code 1981, § 53-7-1 , enacted by Ga. L....

§ 53-7-2. Administration of Entire Estate; Distribution of Residuum - The personal representative shall be entitled to possess and administer...

§ 53-7-3. Powers and Immunities of Administrator With Will Annexed - An administrator with the will annexed shall have all rights,...

§ 53-7-4. Powers of Temporary Administrators Pending Appointment of Personal Representative and Executors Pending Litigation of Caveats to Wills - Temporary administrators, pending the appointment of a personal representative, and...

§ 53-7-5. Powers, Duties, and Liabilities if More Than One Personal Representative; Safe Deposit Boxes or Receptacles - History. Code 1981, § 53-7-5 , enacted by Ga. L....

§ 53-7-6. Power to Borrow Money, Make and Fulfill Contracts, Provide Legal Counsel, Continue Decedent’s Business, and Perform Other Acts - History. Code 1981, § 53-7-6 , enacted by Ga. L....

§ 53-7-7. Disposition of Income Received During Administration - Except as otherwise provided in the will, income received by...

§ 53-7-8. Support and Education of Minor Heirs and Beneficiaries Without Conservators - Whenever a personal representative has paid all the debts of...

Article 2 - Actions Against Personal Representatives

§ 53-7-10. Allowable Defenses; Generally - History. Code 1981, § 53-7-10 , enacted by Ga. L....

§ 53-7-11. Allowable Defenses; Action Originating in Lifetime of Decedent - When the cause of action originated in the lifetime of...

§ 53-7-12. Survival of Action - An action against joint personal representatives shall not abate by...

§ 53-7-13. Service of Notice, Writ, or Process - History. Code 1981, § 53-7-13 , enacted by Ga. L....

§ 53-7-14. Action Against Removed Personal Administrator - History. Code 1981, § 53-7-14 , enacted by Ga. L....

§ 53-7-15. Applicability of Provisions Relating to Sureties on Guardians’ or Conservators’ Bonds - The provisions of law governing the situation in which the...

§ 53-7-16. Joint and Several Liability of Personal Representative and Sureties - The personal representative and sureties shall be held and deemed...

§ 53-7-17. Liability on Common Bond of Two or More Personal Representatives - If two or more personal representatives unite in a common...

§ 53-7-18. Liability of Sureties on Bond of Removed Personal Representative - In all cases of removal of a personal representative for...

§ 53-7-19. Action on Bond for Failure to Settle and Account With Heir or Beneficiary - When any personal representative fails to settle and account with...

§ 53-7-20. Action on Bond Upon Liability of Decedent and Return of Execution Marked Nulla Bona - Upon the rendition of a judgment against a personal representative...

§ 53-7-21. Against What Property Judgment Levied - In an action against a personal representative in that person’s...

§ 53-7-22. Levy Upon Property; Entering of Judgment and Issuance of Execution - History. Code 1981, § 53-7-22 , enacted by Ga. L....

§ 53-7-23. Property Upon Which Execution Levied - In all cases of judgments recovered against a personal representative...

Article 3 - Inventory

§ 53-7-30. Filing and Contents - Unless otherwise provided by will or relieved under Code Section...

§ 53-7-31. Making of Inventory Jointly by All Personal Representatives; Proof of Joint Possession of Assets - The inventory provided for in Code Section 53-7-30 shall be...

§ 53-7-32. Waiver of Right to Receive; Relieving Personal Representative of Duty to Make - History. Code 1981, § 53-7-32 , enacted by Ga. L....

§ 53-7-33. Power of Testator to Dispense With Making Inventory - A testator may, by will, dispense with the necessity of...

§ 53-7-34. Failure to Return a Correct Inventory - Unless the inventory is waived pursuant to Code Section 53-7-32...

Article 4 - Claims Against or in Favor of Estate

§ 53-7-40. Liability of Estate; Priority of Claims - Unless otherwise provided by law, all property of the estate,...

§ 53-7-41. Notice for Creditors to Render Accounts; Notification of Creditors’ Claims; Requirement of Reasonable Additional Proof or Accounting; Failure of Creditors to Give Notice of Claims - History. Code 1981, § 53-7-41 , enacted by Ga. L....

§ 53-7-42. Time for Payment of Debts; Time for Commencing Action to Recover Debt - History. Code 1981, § 53-7-42 , enacted by Ga. L....

§ 53-7-43. Compelling Heirs or Beneficiaries to Contribute to Payment of Debt - If the estate shall have been distributed to the heirs...

§ 53-7-44. Satisfaction of Debts - Except as otherwise provided by the will, any debt not...

§ 53-7-45. Compromise of Claims - Personal representatives are authorized to compromise, adjust, arbitrate, assign, sue...

Article 5 - Discharge and Resignation

§ 53-7-50. Petition by Personal Representative for Discharge; Citation and Publication; Hearing; Subsequently Discovered Estate - History. Code 1981, § 53-7-50 , enacted by Ga. L....

§ 53-7-51. Discharge When Funds Unclaimed - If funds are in the hands of the personal representative...

§ 53-7-52. Discharge of Temporary Administrator - A temporary administrator may be discharged in the same manner...

§ 53-7-53. Discharge Obtained by Fraud - A discharge obtained by the personal representative by means of...

§ 53-7-54. Breach of Fiduciary Duty - History. Code 1981, § 53-7-54 , enacted by Ga. L....

§ 53-7-55. Revocation of Letters of Personal Representative or Other Sanctions - History. Code 1981, § 53-7-55 , enacted by Ga. L....

§ 53-7-56. Resignation - History. Code 1981, § 53-7-56 , enacted by Ga. L....

Article 6 - Settlement of Accounts

Part 1 - General Provisions

§ 53-7-60. Jurisdiction - The superior court shall have concurrent jurisdiction with the probate...

§ 53-7-61. Filing of Petition Upon Termination of Personal Representative - If the personal representative resigns, is removed, or dies, an...

§ 53-7-62. Appearance Before Court; Failure of Personal Representative to Appear; Right to Appeal - History. Code 1981, § 53-7-62 , enacted by Ga. L....

§ 53-7-63. Making and Enforcing Final Settlement - Upon proof of issuance of citation and service of notice...

§ 53-7-64. Accounting for Income on Property Administered - A personal representative shall account for income on the property...

§ 53-7-65. Recordation of Final Receipts; Admission in Evidence - The final receipts on settlements given by heirs or beneficiaries...

§ 53-7-66. Refunding Bonds - When litigation against the estate is pending or is threatened...

Part 2 - Annual Returns and Intermediate Reports

§ 53-7-67. Required Annual Filing; Reporting Period - History. Code 1981, § 53-7-67 , enacted by Ga. L....

§ 53-7-68. Mailing of Return to Heirs and Beneficiaries; Relieving Personal Representative of Duty to File Return - History. Code 1981, § 53-7-68 , enacted by Ga. L....

§ 53-7-69. Power of Testator to Dispense With Necessity of Return - A testator may, by will, dispense with the necessity of...

§ 53-7-69.1. Annual Statement of Receipts and Disbursements - History. Code 1981, § 53-7-69.1 , enacted by Ga. L....

§ 53-7-70. Examination and Recordation of Returns and Vouchers; Evidentiary Effect - The probate court shall carefully examine each return of a...

§ 53-7-71. Return of Nonresident or Deceased Personal Representative - History. Code 1981, § 53-7-71 , enacted by Ga. L....

§ 53-7-72. Docket of Persons Liable to Make Returns; Failure to Make Returns - To ensure annual returns from every personal representative, it shall...

§ 53-7-73. Filing and Contents of Intermediate Report; Notice to Heirs and Beneficiaries - History. Code 1981, § 53-7-73 , enacted by Ga. L....

§ 53-7-74. Filing of Objections to Intermediate Report; Continuation of Hearing; Appeal - At or before the time fixed for hearing, any parties...

§ 53-7-75. Construction of Will by Superior Court - History. Code 1981, § 53-7-75 , enacted by Ga. L....

§ 53-7-76. Judgment Surcharging Fiduciary - Should it appear from the intermediate report that the personal...

§ 53-7-77. Conclusiveness of Order on Intermediate Report - All parties in interest shall be bound by the order...

§ 53-7-78. Taxing of Costs - Costs shall be taxed against the estate or the parties...

Chapter 8 - Investments, Sales, and Conveyances

Article 1 - Investments

§ 53-8-1. Authorized Investments; Standard of Care; Deviation From Will or Other Disposition; Investments by Personal Representative Who Is a Bank or Trust Company - History. Code 1981, § 53-8-1 , enacted by Ga. L....

§ 53-8-2. Real Property - A personal representative is authorized to invest estate funds in...

§ 53-8-3. Securities, Obligations, and Interest-Bearing Deposits - A personal representative is authorized to invest estate funds in:...

§ 53-8-4. Government Obligations; Standard of Prudence; Corporate Fiduciaries - History. Code 1981, § 53-8-4 , enacted by Ga. L....

§ 53-8-5. Retention of Property by Personal Representative; Corporate Fiduciaries - History. Code 1981, § 53-8-5 , enacted by Ga. L....

Article 2 - Sales and Conveyances

§ 53-8-10. Authority of Personal Representative; Petition by Temporary Administrator - History. Code 1981, § 53-8-10 , enacted by Ga. L....

§ 53-8-11. Property That Is Perishable, Liable to Deteriorate, or Expensive to Keep - Perishable property, property that is liable to deteriorate from keeping,...

§ 53-8-12. Stocks or Bonds - Stocks or bonds, either listed or admitted to unlisted trading...

§ 53-8-13. General Procedures - History. Code 1981, § 53-8-13 , enacted by Ga. L....

§ 53-8-14. Warranty; Personal Liability of Personal Representative - History. Code 1981, § 53-8-14 , enacted by Ga. L....

§ 53-8-15. Passage of Title to Heirs or Beneficiaries; Assent of Personal Representative - History. Code 1981, § 53-8-15 , enacted by Ga. L....

Chapter 9 - Missing Persons and Persons Believed to Be Dead

Article 1 - Administration of Estate

§ 53-9-1. Presumption or Proof of Death; Presumption That Missing Person Predeceased Other Deceased Individual; Perils or Tragedies Resulting in Probable Death - History. Code 1981, § 53-9-1 , enacted by Ga. L....

§ 53-9-2. Filing and Contents of Petition; Publication of Citation - History. Code 1981, § 53-9-2 , enacted by Ga. L....

§ 53-9-3. Hearing; Finding of Death - At the hearing the probate court shall hear such evidence...

§ 53-9-4. Issuance of Letters or Order - At any time after the entering of the order finding...

§ 53-9-5. Revocation of Letters Upon Proof That Missing Individual Is Alive - Upon petition of the missing individual, the probate court shall...

§ 53-9-6. Recovery of Property by Missing Individual - At any time before the expiration of two years after...

§ 53-9-7. Distribution of Assets - Before a distribution of any of the assets of the...

§ 53-9-8. Probate Court Judges Allowed to Hold Certain Funds for Missing Heir or Beneficiary Under Decedent’s Will - History. Code 1981, § 53-9-8 , enacted by Ga. L....

Article 2 - Conservators

§ 53-9-10. “Missing” Defined; Petition for Conservator - History. Code 1981, § 53-9-10 , enacted by Ga. L....

§ 53-9-11. Factors Considered by Court; Qualifications - In no event shall the court appoint as conservator a...

§ 53-9-12. Contents of Petition - The petition shall set forth the name of the missing...

§ 53-9-13. Procedure on Petition; Laws Applicable To, and Oath and Bond Of, Conservator - History. Code 1981, § 53-9-13 , enacted by Ga. L....

§ 53-9-14. Report of Conservator; Court Order - The conservator shall within 60 days after appointment make a...

§ 53-9-15. Termination of Conservatorship - A missing person for whose estate a conservator has been...

§ 53-9-16. Final Return; Delivery of Funds or Property to Personal Representative - If the missing individual is declared legally dead and the...

Article 3 - Nondomiciliaries

§ 53-9-20. Presumption or Proof of Death - If an individual who is domiciled outside this state and...

§ 53-9-21. Appointment of Conservator - If an individual domiciled outside this state is possessed of...

Chapter 10 - Simultaneous Death

§ 53-10-1. Short Title - This chapter may be cited as the “Uniform Simultaneous Death...

§ 53-10-2. Disposition of Property Upon Simultaneous Deaths Where Devolution Depends on Priority of Death - When the title to property or the devolution of property...

§ 53-10-3. Disposition of Property Upon Simultaneous Death of Beneficiary and Another Individual Where Interest Depends on Survival - If property is so disposed of that the right of...

§ 53-10-4. Disposition of Property Upon Simultaneous Death of Joint Owners - If any stocks, bonds, bank deposits, or other intangible property...

§ 53-10-5. Applicability of Chapter - This chapter shall not apply in the case of wills,...

§ 53-10-6. Uniformity of Law - This chapter shall be so construed and interpreted as to...

Chapter 11 - Proceedings in Probate Court

§ 53-11-1. Applicability Of, and Compliance With, Provisions - Except as otherwise specifically provided, the provisions of this chapter...

§ 53-11-2. “Guardian” Defined; Persons Represented; Appointment; Successors; Guardian Named in Petitions - History. Code 1981, § 53-11-2 , enacted by Ga. L....

§ 53-11-3. Personal Service; Generally - History. Code 1981, § 53-11-3 , enacted by Ga. L....

§ 53-11-4. Service of Notice Where Person or Residence Unknown, or Resides Outside State - History. Code 1981, § 53-11-4 , enacted by Ga. L....

§ 53-11-5. Additional Service of Citation or Other Notice - On the motion of any party in interest or on...

§ 53-11-6. Waiver or Acknowledgment of Service of Citation or Other Notice; Consent to Granting of Relief or Entry of Order - History. Code 1981, § 53-11-6 , enacted by Ga. L....

§ 53-11-7. Officers Authorized to Administer Oath or Affirmation or Affidavit - An oath or affirmation or affidavit required or allowed to...

§ 53-11-8. Verification of Petitions - Every petition filed in the probate court shall be verified...

§ 53-11-9. Issuance of Citation Upon Filing of Petition; Contents; Meaning; Definitions; Caveat or Objection - History. Code 1981, § 53-11-9 , enacted by Ga. L....

§ 53-11-10. Date by Which Objections Must Be Filed or on Which Hearing Will Be Held - History. Code 1981, § 53-11-10 , enacted by Ga. L....

§ 53-11-11. Authentication or Exemplification of Document - Whenever it is required that a document to be filed...

Chapter 12 - Trusts

Article 1 - General Provisions

§ 53-12-1. Short Title; Effect on Existing Trusts - History. Code 1981, § 53-12-1 , enacted by Ga. L....

§ 53-12-2. Definitions - As used in this chapter, the term: The Attorney General...

§ 53-12-3. Survival of Common Law and Equity - Except to the extent that the principles of common law...

§ 53-12-4. Law Governing the Validity of the Trust - History. Code 1981, § 53-12-4 , enacted by Ga. L....

§ 53-12-5. Law Governing the Meaning and Effect of Trust Provisions - The meaning and effect of the trust provisions shall be...

§ 53-12-6. Jurisdiction - History. Code 1981, § 53-12-6 , enacted by Ga. L....

§ 53-12-7. When Trust and Chapter Conflict - History. Code 1981, § 53-12-7 , enacted by Ga. L....

§ 53-12-8. Notice to Person Permitted to Bind Another Person; Consent on Behalf of Another Person; Representation of Others - History. Code 1981, § 53-12-8 , enacted by Ga. L....

§ 53-12-9. Binding Nonjudicial Settlement Agreement - History. Code 1981, § 53-12-9 , enacted by Ga. L....

Article 2 - Creation and Validity of Express Trusts

§ 53-12-20. Express Trusts - History. Code 1981, § 53-12-20 , enacted by Ga. L....

§ 53-12-21. Formal and Precatory Words - History. Code 1981, § 53-12-21 , enacted by Ga. L....

§ 53-12-22. Trust Purposes and Conditions in Terrorem - History. Code 1981, § 53-12-22 , enacted by Ga. L....

§ 53-12-23. Capacity of Settlor - A person has capacity to create an inter vivos trust...

§ 53-12-24. Non-Merger - No trust shall be invalid or terminated and no merger...

§ 53-12-25. Transfer of Property in Trust - History. Code 1981, § 53-12-25 , enacted by Ga. L....

§ 53-12-26. Additions to Trust Property - Property may be added to an existing trust from any...

§ 53-12-27. Construction; Parol Evidence - When the construction of an express trust is at issue,...

§ 53-12-28. Trusts for Animals - History. Code 1981, § 53-12-28 , enacted by Ga. L....

Article 3 - Revocable Trusts

§ 53-12-40. Revocation and Modification Generally - History. Code 1981, § 53-12-40 , enacted by Ga. L....

§ 53-12-41. Trustee’s Consent Necessary to Enlarge Duties - In exercising a power to modify the trust instrument, the...

§ 53-12-42. Notice to Trustee - A trustee shall not be liable for failing to act...

§ 53-12-43. Power of Agent or Conservator to Revoke Trust - History. Code 1981, § 53-12-43 , enacted by Ga. L....

§ 53-12-44. Trust Not Revocable Because Life Estate Holder Has Reversion - No trust shall be considered to be revocable merely because...

§ 53-12-45. Limitation on Action Contesting Validity of Revocable Trust - History. Code 1981, § 53-12-45 , enacted by Ga. L....

Article 4 - Reformation, Modification, Division, Consolidation, and Termination of Trusts

§ 53-12-60. Reformation to Correct Mistakes - History. Code 1981, § 53-12-60 , enacted by Ga. L....

§ 53-12-61. Power to Direct Modification or Termination; Petition to Modify or Terminate Irrevocable Trust; Proceeding to Approve Proposed Modification or Termination; Distribution of Trust Property Under Order for Termination; Waiver of Notice - History. Code 1981, § 53-12-61 , enacted by Ga. L....

§ 53-12-62. Power of Trustee to Invade Principal of Original Trust - History. Code 1981, § 53-12-62 , enacted by Ga. L....

§ 53-12-65. Modification or Termination of Uneconomic Trust - History. Code 1981, § 53-12-65 , enacted by Ga. L....

Article 5 - Spendthrift Provisions and Creditors’ Rights and Claims

§ 53-12-80. Spendthrift Provisions - The ability of a creditor or assignee to reach a...

§ 53-12-81. Limitations on Creditors’ Rights to Discretionary Distributions - A transferee or creditor of a beneficiary shall not compel...

§ 53-12-82. Rules for Trusts; Consideration of Assets of an Inter Vivos Marital Trust Following Death - (A) “Inter vivos marital trust” means: (i) A trust described...

§ 53-12-83. Creditors’ Claims Against Property That Is Subject to Withdrawal Right - The holder of a power of withdrawal, during the period...

Article 6 - Testamentary Additions to Trusts

Part 1 - Testamentary Additions to Trusts

§ 53-12-100. Short Title - This part shall be known and may be cited as...

§ 53-12-101. Making of Testamentary Additions to Trusts - History. Code 1981, § 53-12-101 , enacted by Ga. L....

§ 53-12-102. Limitations of Duties and Responsibilities of Trustee - The trustee of a trust established by the testator or...

§ 53-12-103. Effect on Prior and Subsequent Wills - This part shall apply to all devises or bequests made...

Part 2 - Trusts as Beneficiaries

§ 53-12-120. Trusts as Beneficiaries - A trust under a testator’s will may be designated as...

Article 7 - Implied Trusts

§ 53-12-130. Resulting Trusts - A resulting trust is a trust implied for the benefit...

§ 53-12-131. Purchase Money Resulting Trusts - History. Code 1981, § 53-12-131 , enacted by Ga. L....

§ 53-12-132. Constructive Trusts - History. Code 1981, § 53-12-132 , enacted by Ga. L....

§ 53-12-133. Parol Evidence and Implied Trusts - In all cases in which a trust is sought to...

Article 8 - Creation by Deed to Acquire Beneficial Interest

§ 53-12-150. Definitions - As used in this article, the term: History. Code 1981,...

§ 53-12-151. Deeds to Interests in Property - The owners of property located in this state or persons...

§ 53-12-152. Filing of Deeds and Amendments Thereto; Filing of Copies With Secretary of State - STATE OF GEORGIA OFFICE OF THE SECRETARY OF STATE Click...

§ 53-12-153. Name of Trust - If the deed creating a trust estate under Code Section...

§ 53-12-154. Certificates of Beneficial Interest by Trustees - When an estate is created pursuant to Code Section 53-12-151...

§ 53-12-155. Duties and Powers of Trustees; Resignation or Removal; Successor Trustees - The trustee of a trust created under Code Section 53-12-151...

§ 53-12-156. Investments by Trustees - In addition to investments in any property, the trustee of...

§ 53-12-157. Initial and Annual Returns - Each trust created pursuant to this article shall make a...

§ 53-12-158. How Title Vests on Termination of Estate - Upon the termination of the estate created under Code Section...

§ 53-12-159. Merger of Trust Into a Domestic Corporation - History. Code 1981, § 53-12-159 , enacted by Ga. L....

Article 9 - Charitable Trusts

§ 53-12-170. Definition; Charitable Purposes - History. Code 1981, § 53-12-170 , enacted by Ga. L....

§ 53-12-171. Power to Select Purposes or Beneficiaries - The settlor of a charitable trust may retain the power...

§ 53-12-172. Cy Pres - If a charitable trust or gift cannot be executed in...

§ 53-12-173. Duration of Charitable Trusts - A charitable trust shall be valid even though under the...

§ 53-12-174. Attorney General or District Attorney as Representative of Charitable Beneficiaries - In all cases in which the rights of beneficiaries under...

§ 53-12-175. Enforcement by Settlor - The settlor of a charitable trust may maintain a civil...

Article 10 - Private Foundations

Part 1 - Corporations

§ 53-12-180. Automatic Amendment of Articles of Incorporation of Corporate Private Foundation - Notwithstanding any provision therein to the contrary and except as...

§ 53-12-181. Amendment of Articles of Incorporation to Exclude Application of Code Section 53-12-180 - Any corporation which is a private foundation may amend its...

§ 53-12-182. Effect of Code Sections 53-12-180 and 53-12-181 as to Forfeiture or Reversion of Trust Property - Nothing contained in Code Sections 53-12-180 and 53-12-181 shall cause...

§ 53-12-183. Election of Private Foundation to Distribute Such Property as Will Enable Corporation to Avoid Tax Liability - With respect to property held by a corporation which is...

§ 53-12-184. Effect of Code Sections 53-12-180 Through 53-12-183 on Powers of the Courts or the Attorney General - Nothing in Code Sections 53-12-180 through 53-12-183 shall impair the...

Part 2 - Trusts

§ 53-12-190. Automatic Amendment of Governing Instrument of Private Foundation Trust, Charitable Trust, or Split-Interest Trust - Notwithstanding any provision therein to the contrary and except as...

§ 53-12-191. Automatic Amendment of Governing Instrument of Private Foundation Trust or Charitable Trust as to Distribution of Trust Funds - Notwithstanding any provision therein to the contrary and except as...

§ 53-12-192. Amendment of Governing Instrument of Private Foundation Trust, Charitable Trust, or Split-Interest Trust to Exclude Application of Code Section 53-12-190 or 53-12-191 - The trustees of any trust which is a private foundation,...

§ 53-12-193. Election of Trustees of Private Foundation or Charitable Trust to Distribute Such Trust Principal as Will Enable Trust to Avoid Tax Liability; Filing of Written Election With Attorney General; Form of Distribution; Revocation of Election - History. Code 1981, § 53-12-193 , enacted by Ga. L....

§ 53-12-194. Effect of Code Sections 53-12-190 Through 53-12-193 as to Forfeiture or Reversion of Trust Property or Failure of Trust - Nothing contained in Code Sections 53-12-190 through 53-12-193 shall cause...

§ 53-12-195. Effect of Code Sections 53-12-190 Through 53-12-193 on Powers of Courts and Attorney General - Nothing in Code Sections 53-12-190 through 53-12-193 shall impair the...

Article 11 - Trustees

Part 1 - Appointment and Acceptance

§ 53-12-200. Capacity of Trustee - A trustee shall have legal capacity under Georgia law to...

§ 53-12-201. Appointment and Vacancies - History. Code 1981, § 53-12-201 , enacted by Ga. L....

§ 53-12-202. Acceptance - History. Code 1981, § 53-12-202 , enacted by Ga. L....

§ 53-12-203. Trustee’s Bond - History. Code 1981, § 53-12-203 , enacted by Ga. L....

§ 53-12-204. Cotrustees Generally - The authority of cotrustees to act on behalf of the...

Part 2 - Trustee Compensation

§ 53-12-210. Compensation of Trustee - Click to view If the cash and market value of...

§ 53-12-211. Compensation of Cotrustees and Successor Trustees - Unless any separate written agreement provides otherwise: History. Code 1981,...

§ 53-12-212. Extra Compensation - History. Code 1981, § 53-12-212 , enacted by Ga. L....

§ 53-12-213. Reimbursement of Expenses - A trustee shall be entitled to be reimbursed out of...

§ 53-12-214. Compensation From Business Enterprise - History. Code 1981, § 53-12-214 , enacted by Ga. L....

Part 3 - Resignation and Removal

§ 53-12-220. Resignation of Trustee - History. Code 1981, § 53-12-220 , enacted by Ga. L....

§ 53-12-221. Removal of Trustee - History. Code 1981, § 53-12-221 , enacted by Ga. L....

Article 12 - Accounting by Trustee

§ 53-12-230. Interim Accounting - History. Code 1981, § 53-12-230 , enacted by Ga. L....

§ 53-12-231. Final Accounting - History. Code 1981, § 53-12-231 , enacted by Ga. L....

§ 53-12-232. Equitable Accounting - Nothing in this article shall restrict the right of any...

Article 13 - Trustees’ Duties and Powers

Part 1 - Duties of Trustee

§ 53-12-240. Duties Generally - History. Code 1981, § 53-12-240 , enacted by Ga. L....

§ 53-12-241. Duty of Prudent Administration - History. Code 1981, § 53-12-241 , enacted by Ga. L....

§ 53-12-242. Duty to Inform as to Existence of Trust - History. Code 1981, § 53-12-242 , enacted by Ga. L....

§ 53-12-243. Duty to Provide Reports and Accounts - History. Code 1981, § 53-12-243 , enacted by Ga. L....

§ 53-12-244. Duty to Distribute Income - A trustee shall distribute all net income derived from the...

§ 53-12-245. No Duty to Investigate Resources - A trustee shall not be under any duty to investigate...

§ 53-12-246. Duty to Avoid Conflict of Interest - History. Code 1981, § 53-12-246 , enacted by Ga. L....

§ 53-12-247. Duty of Impartiality - Except to the extent that the governing trust instrument clearly...

Part 2 - Trustees’ Powers

§ 53-12-260. Discretionary Powers - Notwithstanding the breadth of discretion granted to a trustee in...

§ 53-12-261. Powers of Trustee; Limitation Based on Fiduciary Duties - In all cases in which the fiduciary is required to...

§ 53-12-262. Powers of Corporate Fiduciaries - A corporate fiduciary, without authorization by the court, may exercise...

§ 53-12-263. Incorporation of Powers by Reference - History. Code 1981, § 53-12-263 , enacted by Ga. L....

§ 53-12-264. Granting of Powers by Qualified Beneficiaries - The qualified beneficiaries of a trust that omits any of...

Part 3 - Trustee as Beneficiary

§ 53-12-270. Exercise of Power by Trustee Who Is Also a Beneficiary - History. Code 1981, § 53-12-270 , enacted by Ga. L....

Part 4 - Certification of Trusts

§ 53-12-280. Certification of Trust by Trustee - History. Code 1981, § 53-12-280 , enacted by Ga. L....

Part 5 - Registration and Deposit of Securities

§ 53-12-290. How Securities to Be Registered by Corporate Trustee - Whenever a bank or trust company is duly authorized to...

§ 53-12-291. Registration Where Two or More Fiduciaries Are Acting Jointly - If two or more fiduciaries are acting jointly in reference...

§ 53-12-292. Deposit of Securities in Clearing Corporation - History. Code 1981, § 53-12-292 , enacted by Ga. L....

Article 14 - Trustee Liability

§ 53-12-300. Accountable to Beneficiary; Breach of Trust - The trustee shall be accountable to the beneficiary for the...

§ 53-12-301. Actions for Breach of Trust - History. Code 1981, § 53-12-301 , enacted by Ga. L....

§ 53-12-302. Damages for Breach of Trust; Interest - History. Code 1981, § 53-12-302 , enacted by Ga. L....

§ 53-12-303. Relief of Liability - History. Code 1981, § 53-12-303 , enacted by Ga. L....

§ 53-12-304. Liability of Successor Trustee - History. Code 1981, § 53-12-304 , enacted by Ga. L....

§ 53-12-305. Liability of Cotrustee - History. Code 1981, § 53-12-305 , enacted by Ga. L....

§ 53-12-306. Action Against Cotrustee - History. Code 1981, § 53-12-306 , enacted by Ga. L....

§ 53-12-307. Limitation of Actions - History. Code 1981, § 53-12-307 , enacted by Ga. L....

§ 53-12-308. Personal Liability of Trustee - History. Code 1981, § 53-12-308 , enacted by Ga. L....

Article 15 - Nonresidents and Foreign Entities Acting as Trustees

§ 53-12-320. Nonresidents Acting as Trustees - History. Code 1981, § 53-12-320 , enacted by Ga. L....

§ 53-12-321. Foreign Entities Acting as Trustees - History. Code 1981, § 53-12-321 , enacted by Ga. L....

§ 53-12-322. Acting as Fiduciary; Establishment of Place of Business Prohibited; Certificate of Authority Required - A foreign entity, insofar as it acts in a fiduciary...

§ 53-12-323. Filing Statement With Secretary of State; Appointment of Agent for Service - History. Code 1981, § 53-12-323 , enacted by Ga. L....

Article 16 - Trust Investments

Part 1 - Investments Generally

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Georgia Code Title 53 - Wills, Trusts, and Administration of Estates

Georgia Code
Title 53 - Wills, Trusts, and Administration of Estates