reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 9 - MISSING PERSONS AND PERSONS BELIEVED TO BE DEAD (§§ 53-9-1 — 53-9-21) › Article 2 - CONSERVATORS (§§ 53-9-10 — 53-9-16) › Section 53-9-14 - Report of conservator; court order

The conservator shall within 60 days after appointment make a written report to the probate court setting forth the condition of the estate of the missing individual, together with a schedule of any debts that may be owed by the missing person, an estimate of the income from the estate and the expenses necessary to its preservation, a statement showing the names, ages, and condition of any individuals who may have been dependent on the missing person for support, and a recommendation as to how the estate should be distributed. The court, after considering the report and making any further investigation the court may deem necessary, shall make such order as will most effectively tend to provide for the support of any individuals who may have been dependent upon the missing individual for support and for the handling of the property, including any business or business interest, owned by the missing person. The order may provide for the payment of those debts of the missing person as the court deems just and proper. An order of an appropriate court may allow the conservator to engage in such estate planning dispositions of the missing person's property as are authorized by Code Sections
29-3-36
and
29-5-36
. The order may be modified in the discretion of the court at any time upon petition by the conservator, any individual dependent upon the missing individual for support, the guardian of any such individual, or any person having an interest in the property or in any business of the missing individual.
Amended by 2004 Ga. Laws 460,§ 13, eff. 7/1/2005
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 9 - MISSING PERSONS AND PERSONS BELIEVED TO BE DEAD (§§ 53-9-1 — 53-9-21) › Article 2 - CONSERVATORS (§§ 53-9-10 — 53-9-16) › Section 53-9-15 - Termination of conservatorship

A missing person for whose estate a conservator has been appointed may at any time petition the probate court that has jurisdiction over the conservator for an order terminating the conservatorship. Upon a finding by the court that the petitioner is in fact the missing individual, the court shall enter an order terminating the conservatorship and directing the conservator to make a final return to the court and to pay over and deliver all funds and property in the conservator's hands to the missing individual.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 9 - MISSING PERSONS AND PERSONS BELIEVED TO BE DEAD (§§ 53-9-1 — 53-9-21) › Article 2 - CONSERVATORS (§§ 53-9-10 — 53-9-16) › Section 53-9-16 - Final return; delivery of funds or property to personal representative

If the missing individual is declared legally dead and the missing individual's will is probated or administration is had upon the individual's estate, the conservator shall, within 60 days after demand by the personal representative of the missing individual's estate, make a final return to the probate court which has jurisdiction over the conservator and pay over and deliver all of the funds or property in the conservator's hands to such personal representative.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 9 - MISSING PERSONS AND PERSONS BELIEVED TO BE DEAD (§§ 53-9-1 — 53-9-21) › Article 3 - NONDOMICILIARIES (§§ 53-9-20 — 53-9-21) › Section 53-9-20 - Presumption or proof of death

If an individual who is domiciled outside this state and possessed of any interest in or claim to or against real or personal property or cause of action located in this state shall have been absent for a period of time under circumstances whereby, pursuant to the law of the place in which the individual is domiciled, the individual is presumed to be dead, and a court of competent jurisdiction in the place of domicile has entered a final order or decree that the individual is presumed to be dead, the provisions of this title shall apply in every respect as if the individual in fact had died. If the individual shall have been absent for a period of not less than four years and shall not have been declared dead in the domiciliary jurisdiction, the individual may be declared dead in this state pursuant to the provisions of Article 1 of this chapter, as if a domiciliary of this state, for purposes of the property interests or claims or causes of action located in this state.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 9 - MISSING PERSONS AND PERSONS BELIEVED TO BE DEAD (§§ 53-9-1 — 53-9-21) › Article 3 - NONDOMICILIARIES (§§ 53-9-20 — 53-9-21) › Section 53-9-21 - Appointment of conservator

If an individual domiciled outside this state is possessed of any interest in or claim to or against any real or personal property or cause of action located in this state and would, if a domiciliary, be deemed to be missing in accordance with the provisions of Code Section
53-9-10
or if a conservator or any person serving in a similar capacity shall have been authorized to handle the property of the individual in the jurisdiction in which the individual is domiciled, the probate court may appoint a conservator of all of the interests or claims or causes of action located in this state and give direction as to the conservation of the property and its use in the interest of the missing individual or that individual's dependents, obligees, or successors in interest. The court shall mold such order in aid of any similar orders from the jurisdiction in which the individual is domiciled, may appoint the domiciliary conservator as the conservator in this state, and may authorize delivery of property to the domiciliary conservator. Except as the court may otherwise direct, the proceedings shall conform to the provisions of Article 2 of this chapter.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 10 - SIMULTANEOUS DEATH (§§ 53-10-1 — 53-10-6) › Section 53-10-1 - Short title

This chapter may be cited as the "Uniform Simultaneous Death Act in Georgia."
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 10 - SIMULTANEOUS DEATH (§§ 53-10-1 — 53-10-6) › Section 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 depends upon priority of death and there is no sufficient evidence that the individuals have died other than simultaneously, the property of each individual shall be disposed of as if that individual had survived, except as provided otherwise in this chapter.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 10 - SIMULTANEOUS DEATH (§§ 53-10-1 — 53-10-6) › Section 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 a beneficiary to succeed to any interest in such property is conditional upon surviving another individual and both individuals die and there is no sufficient evidence that the two have died other than simultaneously, the beneficiary shall be deemed not to have survived. If there is no sufficient evidence that two or more beneficiaries have died otherwise than simultaneously and property has been disposed of in such a way that at the time of their deaths each beneficiary would have been entitled to the property if that beneficiary had survived the others, the property shall be divided into as many equal portions as there were such beneficiaries and these portions shall be distributed respectively to those who would have taken in the event that each such beneficiary survived.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 10 - SIMULTANEOUS DEATH (§§ 53-10-1 — 53-10-6) › Section 53-10-4 - Disposition of property upon simultaneous death of joint owners

If any stocks, bonds, bank deposits, or other intangible property shall be owned so that one of two joint owners is entitled to the whole on the death of the other and both owners die and there is no sufficient evidence that the two joint owners have died otherwise than simultaneously, these assets shall be distributed one-half as if one joint owner had survived and one-half as if the other joint owner had survived. If there are more than two joint owners and there is no sufficient evidence that all have died other than simultaneously, these assets shall be divided into as many equal shares as there are joint owners and these portions shall be distributed respectively to those who would have taken in the event that each joint owner had survived.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 10 - SIMULTANEOUS DEATH (§§ 53-10-1 — 53-10-6) › Section 53-10-5 - Applicability of chapter

This chapter shall not apply in the case of wills, trusts, deeds, contracts of insurance, or any other situation where provision is made for distribution of property different from that provided in this chapter or where provision is made for a presumption as to survivorship that results in a distribution of property different from that provided in this chapter.
Amended by 2020 Ga. Laws 508,§ 1-61, eff. 1/1/2021.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 10 - SIMULTANEOUS DEATH (§§ 53-10-1 — 53-10-6) › Section 53-10-6 - Uniformity of law

This chapter shall be so construed and interpreted as to effectuate its general purpose to make uniform the law in those states which enact it.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 11 - PROCEEDINGS IN PROBATE COURT (§§ 53-11-1 — 53-11-11) › Section 53-11-1 - Applicability of, and compliance with, provisions

Except as otherwise specifically provided, the provisions of this chapter shall apply to any proceeding in the probate court that arises under Chapters 1 through 10, 12, and 13 of this title. Compliance with the provisions of this chapter shall be deemed to be sufficient for proceedings in the probate court arising under Chapters 1 through 10, 12, and 13 of this title except as otherwise provided in those chapters and in Chapter 11 of Title 9 and Chapter 9 of Title 15.
Amended by 2020 Ga. Laws 508,§ 1-62, eff. 1/1/2021.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 11 - PROCEEDINGS IN PROBATE COURT (§§ 53-11-1 — 53-11-11) › Section 53-11-3 - Personal service; generally

(a)
Except as otherwise prescribed by law or directed by the probate judge, a party in interest who is a resident of this state is entitled to personal service of any petition and citation for proceedings that are subject to the provisions of this chapter.
(b)
Except as otherwise provided in this Code section, personal service shall be made by delivery of a copy of the petition and citation by the sheriff or some other lawful officer at least 30 days before the hearing except that, if waived in writing or if shortened by the probate court upon good cause shown, the 30 day provision shall not apply. An entry of such service shall be made on the original and the copy for the party served.
(c)
A party who is in the military service may be served by any commissioned officer who shall file with the probate court a certificate stating that copies of the petition and citation were served in person.
(d)
Individuals who are not sui juris shall be served as provided in this chapter or as provided in Code Section
15-9-17
.
(e)
When personal service is required by this Code section, unless otherwise directed by the probate court, service may be made by registered or certified mail or statutory overnight delivery if the petitioner so requests in the petition. The court shall cause a copy of the petition and the citation to be sent by registered or certified mail or statutory overnight delivery with return receipt requested and with delivery restricted to addressee only. If the return receipt is not signed by the addressee, dated at least 30 days before the date specified in the citation, except where shortened by the court upon good cause shown, and received by the court before the date specified in the citation for the filing of objections, service shall be made as otherwise required by this Code section.
Amended by 2020 Ga. Laws 508,§ 1-64, eff. 1/1/2021.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 11 - PROCEEDINGS IN PROBATE COURT (§§ 53-11-1 — 53-11-11) › Section 53-11-4 - Service of notice where person or residence unknown, or resides outside state

(a)
Except as otherwise prescribed by law or directed by the probate judge pursuant to Code Section
53-11-5
, the provisions of this Code section shall apply in cases when a person to be served with notice of a proceeding covered by this chapter has a known current residence address outside this state, or whose current residence address is unknown.
(b)
Unless all such persons have known current residence addresses, the probate court shall order service of notice to be perfected by publication of the citation in the newspaper in which sheriff's advertisements are published in the county in which the petition is made. The citation shall be published once a week for four weeks prior to the date on which objections must be filed. The records of the court shall show the persons served with notice and the character of such service of notice. The published citation shall be directed to the person to be served with such notice.
(c)
If the current residence address of such a person is known, the court shall cause service of notice to be made by mailing by certified or registered mail or statutory overnight delivery, return receipt requested, a copy of the petition and the citation.
(d)
When service of notice by publication is ordered by the court pursuant to this Code section, compliance with the provisions of this Code section relating to a person to be served with notice who is known but whose current residence address is unknown shall be equivalent to personal service of a copy of the petition and citation when the fact appears in the records of the court showing the persons served with notice and the character of such service of notice. In the case of a known person whose current residence address is unknown, that person's name shall appear in the records of the court, and such records shall confirm compliance with this Code section as to that person. In any case in which service of notice by publication is granted by the court, one order for service of notice by publication shall be sufficient and the published citation shall be directed as provided in subsection (b) of this Code section.
Amended by 2020 Ga. Laws 508,§ 1-65, eff. 1/1/2021.
Amended by 2002 Ga. Laws 968,§ 6, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 11 - PROCEEDINGS IN PROBATE COURT (§§ 53-11-1 — 53-11-11) › Section 53-11-5 - Additional service of citation or other notice

On the motion of any party in interest or on its own motion, the probate court may direct any additional service of citation or other notice or extend the time to respond with respect to any proceedings covered by this chapter as the judge may determine to be proper in the interests of due process and reasonable opportunity for any party or interest to be heard.
Amended by 2020 Ga. Laws 508,§ 1-66, eff. 1/1/2021.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 11 - PROCEEDINGS IN PROBATE COURT (§§ 53-11-1 — 53-11-11) › Section 53-11-6 - Waiver or acknowledgment of service of citation or other notice; consent to granting of relief or entry of order

(a)
Service of citation or other notice may be waived or acknowledged before or after the filing of the petition. The waiver or acknowledgment shall be in a writing signed by the person to be served with notice or some person authorized by the person to be served with such notice, shall be sworn to or affirmed before the probate court or a notary public, and shall be filed with the probate court.
(b)
Except as otherwise prescribed by law, the written consent of a party to the granting of any relief or the entry of any order sought in a proceeding covered by this chapter, whether executed before or after the filing of the petition, shall constitute a waiver and acknowledgment of service of notice of the proceedings, waiver of any other or further citation or service of notice, entry of appearance, answer admitting all allegations of fact set forth in the petition as true and correct, and consent to the granting of the relief or the order sought.
(c)
A person in military service, regardless of age, shall be permitted to make any waiver, acknowledgment, or consent described in this Code section.
Amended by 2020 Ga. Laws 508,§ 1-67, eff. 1/1/2021.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 11 - PROCEEDINGS IN PROBATE COURT (§§ 53-11-1 — 53-11-11) › Section 53-11-7 - Officers authorized to administer oath or affirmation or affidavit

An oath or affirmation or affidavit required or allowed to be made before or attested by a notary public may be made before any notary public or other officer authorized to administer oaths by the state in which the oath or affirmation or affidavit is made. The oath or affirmation or affidavit, if made outside this state, shall have the same force and effect as if it had been made before an officer of this state authorized to administer oaths. The official attestation of the officer before whom the oath or affirmation or affidavit is made shall be prima-facie evidence of the official character of the officer and that the officer was authorized by law to administer oaths.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 11 - PROCEEDINGS IN PROBATE COURT (§§ 53-11-1 — 53-11-11) › Section 53-11-8 - Verification of petitions

Every petition filed in the probate court shall be verified by the oath of the petitioner and shall be sworn to or affirmed before the probate court or a notary public.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 11 - PROCEEDINGS IN PROBATE COURT (§§ 53-11-1 — 53-11-11) › Section 53-11-10 - Date by which objections must be filed or on which hearing will be held

(a)
Except as otherwise prescribed by law or as shortened by the judge upon good cause shown or directed by the judge pursuant to Code Section
53-11-5
with respect to any particular proceeding, the date on or before which any person is required to file any objection shall be not fewer than 30 days after the date such person is personally served with notice. For a person within the continental United States who is served with notice by registered or certified mail or statutory overnight delivery, return receipt requested, the date on or before which any objection is required to be filed by such person shall not be fewer than 30 days from the date of mailing of such service of notice; provided, however, that if a return receipt from any recipient is received by the court within 30 days from such date of mailing of such service of notice, the date on or before which any objection is required to be filed by such recipient shall be 30 days from the date of receipt of such service of notice shown on such return receipt. For a person outside the continental United States who is served with notice by registered or certified mail or statutory overnight delivery, return receipt requested, the date on or before which any objection is required to be filed by such person shall not be fewer than 30 days from the date the service of the citation is mailed by the court; provided, however, that if the return receipt from any such recipient is received by the court during such 30 day period the date on or before which any objection is required to be filed by such recipient shall not be earlier than 30 days from the date of such recipient's receipt of such service of notice shown on such return receipt. For a person served with notice by publication, the date on or before which any objection is required to be filed shall be no earlier than the first day of the week following such service by publication of citation once each week for four weeks.
(b)
Except as otherwise prescribed by law or directed by the judge with respect to any particular proceeding, the date on which any required hearing shall be held shall be the date by which any objection is required to be filed or such later date as the probate court may specify. When the matter is set for hearing on a date that was not specified in the citation, the probate court shall serve by first-class mail a notice of the date, time, and place of the hearing to the petitioner and all parties who have filed responses to the petition at the addresses given by them in their pleadings.
Amended by 2020 Ga. Laws 508,§ 1-69, eff. 1/1/2021.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 11 - PROCEEDINGS IN PROBATE COURT (§§ 53-11-1 — 53-11-11) › Section 53-11-11 - Authentication or exemplification of document

Whenever it is required that a document to be filed in the probate court be authenticated or exemplified, such requirement shall be met by complying with the provisions of Code Section
24-9-922
and such full faith and credit shall be given to the document as is provided in that Code section.
Amended by 2015 Ga. Laws 9,§ 53, eff. 3/13/2015.
Amended by 2011 Ga. Laws 52,§; 100, eff. 1/1/2013.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 12 - REVISED GEORGIA TRUST CODE OF 2010 (§§ 53-12-1 — 53-12-506) › Article 1 - GENERAL PROVISIONS (§§ 53-12-1 — 53-12-9) › Section 53-12-1 - Short title; effect on existing trusts

(a)
This chapter shall be known and may be cited as "The Revised Georgia Trust Code of 2010."
(b)
Except to the extent it would impair vested rights and except as otherwise provided by law, the provisions contained in this chapter shall apply to any trust regardless of the date such trust was created.
Added by 2010 Ga. Laws 506,§ 1, eff. 7/1/2010.
Former Chapter 12, relating to Trusts, was repealed by 2010 Ga. Laws 506,§ 1, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 12 - REVISED GEORGIA TRUST CODE OF 2010 (§§ 53-12-1 — 53-12-506) › Article 1 - GENERAL PROVISIONS (§§ 53-12-1 — 53-12-9) › Section 53-12-3 - Survival of common law and equity

Except to the extent that the principles of common law and equity governing trusts are modified by this chapter or another provision of law, those principles remain the law of this state.
Added by 2010 Ga. Laws 506,§ 1, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 12 - REVISED GEORGIA TRUST CODE OF 2010 (§§ 53-12-1 — 53-12-506) › Article 1 - GENERAL PROVISIONS (§§ 53-12-1 — 53-12-9) › Section 53-12-4 - Law governing the validity of the trust

(a)
As to real property, the validity of a trust shall be determined by the law of the situs of the real property.
(b)
As to all other property, the validity of a trust shall be determined by:
(1)
The law of the jurisdiction designated in the trust instrument unless the effect of the designation is contrary to the public policy of the jurisdiction having the most significant relationship to the matter at issue; or
(2)
In the absence of an effective designation in the trust instrument, the law of the jurisdiction having the most significant relationship to the matter at issue.
Added by 2010 Ga. Laws 506,§ 1, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 12 - REVISED GEORGIA TRUST CODE OF 2010 (§§ 53-12-1 — 53-12-506) › Article 1 - GENERAL PROVISIONS (§§ 53-12-1 — 53-12-9) › Section 53-12-5 - Law governing the meaning and effect of trust provisions

The meaning and effect of the trust provisions shall be determined by:
(1)
The law of the jurisdiction designated in the trust instrument unless the effect of the designation is contrary to the public policy of the jurisdiction having the most significant relationship to the matter at issue; or
(2)
In the absence of an effective designation in the trust instrument, the law of the jurisdiction having the most significant relationship to the matter at issue.
Amended by 2011 Ga. Laws 245,§ 53, eff. 5/13/2011.
Added by 2010 Ga. Laws 506,§ 1, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 12 - REVISED GEORGIA TRUST CODE OF 2010 (§§ 53-12-1 — 53-12-506) › Article 1 - GENERAL PROVISIONS (§§ 53-12-1 — 53-12-9) › Section 53-12-6 - Jurisdiction

(a)
Trusts are peculiarly subjects of equity jurisdiction. Suits by or against a trustee that sound at law may be filed in a court of law.
(b)
Actions concerning the construction or administration of a trust or for a court to take any actions authorized by the provisions of this chapter shall be maintained in superior court, except as otherwise provided in Code Section
15-9-127
.
(c)
Any action by or against the trustee or to which the trustee is a party may be maintained in any court having jurisdiction over the parties and the subject matter, except as otherwise provided in subsection (b) of this Code section or in Code Section
15-9-127
.
Amended by 2020 Ga. Laws 508,§ 1-70, eff. 1/1/2021.
Added by 2010 Ga. Laws 506,§ 1, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 12 - REVISED GEORGIA TRUST CODE OF 2010 (§§ 53-12-1 — 53-12-506) › Article 1 - GENERAL PROVISIONS (§§ 53-12-1 — 53-12-9) › Section 53-12-7 - When trust and chapter conflict

(a)
The effect of the provisions of this chapter may be varied by the trust instrument except:
(1)
As to any requirements relating to the creation and validity of express trusts as provided in Article 2 of this chapter;
(2)
As to the effect of the rules relating to spendthrift trusts as provided in Article 5 of this chapter;
(3)
As to the power of the beneficiaries to modify a trustee's compensation as provided in Code Section
53-12-210
;
(4)
As to the duty of a trustee to administer the trust and to exercise discretionary powers in good faith as provided in Code Sections
53-12-240
and
53-12-260
;
(5)
As to the effect of a provision relieving a trustee from liability as provided in Code Section
53-12-303
;
(6)
As to the periods of limitation on actions as provided in Code Sections
53-12-45
and
53-12-307
; and
(7)
As to the effect of the rules relating to trust directors as provided in Article 18 of this chapter.
(b)
Nothing in a trust instrument shall prohibit or limit a court from taking any actions authorized by the provisions of this chapter.
Amended by 2020 Ga. Laws 508,§ 1-71, eff. 1/1/2021.
Amended by 2011 Ga. Laws 181,§ 7, eff. 5/12/2011.
Added by 2010 Ga. Laws 506,§ 1, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 12 - REVISED GEORGIA TRUST CODE OF 2010 (§§ 53-12-1 — 53-12-506) › Article 1 - GENERAL PROVISIONS (§§ 53-12-1 — 53-12-9) › Section 53-12-9 - Binding nonjudicial settlement agreement

(a)
Except as provided in subsection (b) of this Code section, the trustee, any trust director, and all other persons whose interests would be affected may enter into a binding nonjudicial settlement agreement with respect to any matter involving the trust.
(b)
A nonjudicial settlement agreement:
(1)
Shall be valid only to the extent it does not violate a material purpose of the trust and includes terms and conditions that could be properly approved by the court under this Code section or other applicable law; and
(2)
Shall not be valid with respect to any modification or termination of an irrevocable trust when the settlor's consent would be required in a proceeding to approve such modification or termination under subsection (b) of Code Section
53-12-61
.
(c)
The trustee, trust director, and any person whose interests would be affected by a nonjudicial settlement agreement may request that the court approve such agreement, determine whether the representation as provided in Code Section
53-12-8
was adequate, determine whether such agreement violates a material purpose of the trust, determine whether such agreement contains terms and conditions the court could have properly approved, or make any other similar determination.
(d)
A nonjudicial settlement agreement entered into in accordance with this Code section shall be final and binding on all parties to such agreement, including individuals not sui juris, unborn beneficiaries, and persons unknown who are represented by a person who may represent and bind such parties under Code Section
53-12-8
, as if ordered by a court with competent jurisdiction over the trust, the trust property, and the parties.
(e)
Entering into or petitioning a court regarding a nonjudicial settlement agreement under this Code section shall not constitute a violation of a condition in terrorem under Code Section
53-12-22
.
Amended by 2020 Ga. Laws 508,§ 1-73, eff. 1/1/2021.
Amended by 2020 Ga. Laws 521,§ 53, eff. 7/29/2020.
Added by 2018 Ga. Laws 366,§ 5, eff. 7/1/2018.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 12 - REVISED GEORGIA TRUST CODE OF 2010 (§§ 53-12-1 — 53-12-506) › Article 2 - EXPRESS TRUSTS (§§ 53-12-20 — 53-12-28) › Section 53-12-20 - Express trusts

(a)
Except as provided in subsection (d) of this Code section, an express trust shall be created or declared in writing and signed by the settlor or an agent for the settlor acting under a power of attorney containing express authorization.
(b)
An express trust shall have, ascertainable with reasonable certainty:
(1)
An intention by a settlor to create such trust;
(2)
Trust property;
(3)
Except for charitable trusts or a trust for care of an animal, a beneficiary who is reasonably ascertainable at the time of the creation of such trust or reasonably ascertainable within the period of the rule against perpetuities;
(4)
A trustee; and
(5)
Trustee duties specified in writing or provided by law.
(c)
The requirement that a trust have a reasonably ascertainable beneficiary shall be satisfied if under the trust instrument the trustee or some other person has the power to select the beneficiaries based on a standard or in the discretion of the trustee or other person.
(d)
In the case of a trust created pursuant to
42 U.S.C. Section 1396p(d)(4)(B)
by an agent acting for the settlor, the power of attorney need not contain an express authorization to create or declare a trust.
Amended by 2011 Ga. Laws 181,§ 9, eff. 5/12/2011.
Added by 2010 Ga. Laws 506,§ 1, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 12 - REVISED GEORGIA TRUST CODE OF 2010 (§§ 53-12-1 — 53-12-506) › Article 2 - EXPRESS TRUSTS (§§ 53-12-20 — 53-12-28) › Section 53-12-21 - Formal and precatory words

(a)
No formal words shall be necessary to create an express trust.
(b)
Words otherwise precatory in nature will create a trust only if they are sufficiently imperative to show a settlor's intention to impose enforceable duties on a trustee and if all other elements of an express trust are present.
Added by 2010 Ga. Laws 506,§ 1, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 12 - REVISED GEORGIA TRUST CODE OF 2010 (§§ 53-12-1 — 53-12-506) › Article 2 - EXPRESS TRUSTS (§§ 53-12-20 — 53-12-28) › Section 53-12-22 - Trust purposes and conditions in terrorem

(a)
A trust may be created for any lawful purpose.
(b)
A condition in terrorem shall be void unless there is a direction in the trust instrument as to the disposition of the property if the condition in terrorem is violated, in which event the direction in the trust instrument shall be carried out, except as otherwise provided in subsection (c) of this Code section.
(c)
A condition in terrorem shall not be enforceable against an individual for:
(1)
Bringing an action for interpretation or enforcement of a trust instrument;
(2)
Bringing an action for an accounting, for removal, or for other relief against a trustee; or
(3)
Entering into a settlement agreement.
Amended by 2020 Ga. Laws 508,§ 1-74, eff. 1/1/2021.
Added by 2010 Ga. Laws 506,§ 1, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 12 - REVISED GEORGIA TRUST CODE OF 2010 (§§ 53-12-1 — 53-12-506) › Article 2 - EXPRESS TRUSTS (§§ 53-12-20 — 53-12-28) › Section 53-12-23 - Capacity of settlor

A person has capacity to create an inter vivos trust to the extent that such person has legal capacity to transfer title to property inter vivos. A person has capacity to create a testamentary trust to the extent that such person has legal capacity to devise or bequeath property by will.
Added by 2010 Ga. Laws 506,§ 1, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 12 - REVISED GEORGIA TRUST CODE OF 2010 (§§ 53-12-1 — 53-12-506) › Article 2 - EXPRESS TRUSTS (§§ 53-12-20 — 53-12-28) › Section 53-12-24 - Non-merger

No trust shall be invalid or terminated and no merger of title to trust property shall occur merely because the trustee or trustees are the same person or persons as the beneficiary or beneficiaries of the trust.
Added by 2010 Ga. Laws 506,§ 1, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 12 - REVISED GEORGIA TRUST CODE OF 2010 (§§ 53-12-1 — 53-12-506) › Article 2 - EXPRESS TRUSTS (§§ 53-12-20 — 53-12-28) › Section 53-12-25 - Transfer of property in trust

(a)
Transfer of property in trust shall require a transfer of legal title to the trustee. In any transfer of property or any interest in property, if a trust is named as a grantee, whether such trust is held under the laws of this state or of any other jurisdiction, then such transfer is deemed to have been made to the trustee of such trust as though the trustee of such trust had been named as grantee instead of the trust.
(b)
For any interest in real property to become trust property in a trust of which any transferor is a trustee, the instrument of conveyance shall additionally be recorded in the appropriate real property records.
Amended by 2018 Ga. Laws 366,§ 6, eff. 7/1/2018.
Added by 2010 Ga. Laws 506,§ 1, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 12 - REVISED GEORGIA TRUST CODE OF 2010 (§§ 53-12-1 — 53-12-506) › Article 2 - EXPRESS TRUSTS (§§ 53-12-20 — 53-12-28) › Section 53-12-26 - Additions to trust property

Property may be added to an existing trust from any source in any manner if the addition is not prohibited by the trust instrument and the property is acceptable to the trustee.
Added by 2010 Ga. Laws 506,§ 1, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 12 - REVISED GEORGIA TRUST CODE OF 2010 (§§ 53-12-1 — 53-12-506) › Article 2 - EXPRESS TRUSTS (§§ 53-12-20 — 53-12-28) › Section 53-12-27 - Construction; parol evidence

When the construction of an express trust is at issue, the court may hear parol evidence of the circumstances surrounding the settlor at the time of the execution of the trust and parol evidence to explain all ambiguities, both latent and patent.
Added by 2010 Ga. Laws 506,§ 1, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 12 - REVISED GEORGIA TRUST CODE OF 2010 (§§ 53-12-1 — 53-12-506) › Article 2 - EXPRESS TRUSTS (§§ 53-12-20 — 53-12-28) › Section 53-12-28 - Trusts for animals

(a)
A trust may be created to provide for the care of an animal that is alive during the settlor's lifetime. The trust shall terminate upon the death of such animal or, if the trust was created to provide for the care of more than one animal alive during the settlor's lifetime, upon the death of the last surviving animal.
(b)
A trust authorized by this Code section may be enforced by a person appointed in the trust instrument or, if no person is so appointed, by a person appointed by the court. A person having an interest in the welfare of the animal may request the court to appoint a person to enforce the trust or to remove a person appointed.
(c)
Upon termination of a trust authorized by this Code section, the trustee shall transfer any unexpended trust property in the following order:
(1)
As directed in the trust instrument;
(2)
If the trust was created in a nonresiduary clause in the settlor's will or in a codicil to the settlor's will, under the residuary clause in the settlor's will; and
(3)
If no taker is produced by the application of paragraph (1) or (2) of this subsection, to the settlor, if living, and if not, to the settlor's heirs, as determined under Code Section
53-2-1
.
Added by 2010 Ga. Laws 506,§ 1, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 12 - REVISED GEORGIA TRUST CODE OF 2010 (§§ 53-12-1 — 53-12-506) › Article 3 - REVOCATION, MODIFICATION, AND TERMINATION (§§ 53-12-40 — 53-12-45) › Section 53-12-40 - Revocation and modification generally

(a)
A settlor shall have no power to modify or revoke a trust in the absence of an express reservation of such power.
(b)
A power to revoke shall be deemed to include a power to modify, and an unrestricted power to modify shall be deemed to include a power to revoke.
(c)
Any revocation or modification of an express trust shall be in writing and signed by the settlor.
Added by 2010 Ga. Laws 506,§ 1, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 12 - REVISED GEORGIA TRUST CODE OF 2010 (§§ 53-12-1 — 53-12-506) › Article 3 - REVOCATION, MODIFICATION, AND TERMINATION (§§ 53-12-40 — 53-12-45) › Section 53-12-41 - Trustee's consent necessary to enlarge duties

In exercising a power to modify the trust instrument, the settlor shall not enlarge the duties or liabilities of the trustee without the trustee's express consent.
Added by 2010 Ga. Laws 506,§ 1, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 12 - REVISED GEORGIA TRUST CODE OF 2010 (§§ 53-12-1 — 53-12-506) › Article 3 - REVOCATION, MODIFICATION, AND TERMINATION (§§ 53-12-40 — 53-12-45) › Section 53-12-42 - Notice to trustee

A trustee shall not be liable for failing to act in accordance with the terms and conditions of an amendment or revocation of a trust of which the trustee had no notice.
Added by 2010 Ga. Laws 506,§ 1, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 12 - REVISED GEORGIA TRUST CODE OF 2010 (§§ 53-12-1 — 53-12-506) › Article 3 - REVOCATION, MODIFICATION, AND TERMINATION (§§ 53-12-40 — 53-12-45) › Section 53-12-43 - Power of agent or conservator to revoke trust

(a)
A settlor's powers with respect to revocation, amendment, or distribution of trust property may be exercised by an agent under a power of attorney only to the extent expressly authorized by the trust instrument and the power.
(b)
A settlor's powers with respect to revocation, amendment, or distribution of trust property may be exercised by the settlor's conservator only as provided in Code Section
29-5-23
.
Added by 2010 Ga. Laws 506,§ 1, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 12 - REVISED GEORGIA TRUST CODE OF 2010 (§§ 53-12-1 — 53-12-506) › Article 3 - REVOCATION, MODIFICATION, AND TERMINATION (§§ 53-12-40 — 53-12-45) › Section 53-12-44 - Trust not revocable because life estate holder has reversion

No trust shall be considered to be revocable merely because the life beneficiary has a reversion in or a power of appointment over assets of the trust or because the life beneficiary's heirs or estate have a remainder interest therein.
Added by 2010 Ga. Laws 506,§ 1, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 12 - REVISED GEORGIA TRUST CODE OF 2010 (§§ 53-12-1 — 53-12-506) › Article 3 - REVOCATION, MODIFICATION, AND TERMINATION (§§ 53-12-40 — 53-12-45) › Section 53-12-45 - Limitation on action contesting validity of revocable trust

(a)
Any judicial proceeding to contest the validity of a trust that was revocable immediately before the settlor's death shall be commenced within two years of the settlor's death.
(b)
Upon the death of the settlor of a trust that was revocable immediately before the settlor's death, the trustee may proceed to distribute the trust property in accordance with the trust provisions. The trustee shall not be subject to liability for doing so unless:
(1)
The trustee knows of a pending judicial proceeding contesting the validity of the trust; or
(2)
A potential contestant has notified the trustee in writing of a possible judicial proceeding to contest the trust and a judicial proceeding is commenced within 60 days after the contestant sent such notification.
(c)
A beneficiary of a trust that is determined to have been invalid shall be liable to return any distribution received.
Amended by 2011 Ga. Laws 245,§ 53, eff. 5/13/2011.
Added by 2010 Ga. Laws 506,§ 1, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 12 - REVISED GEORGIA TRUST CODE OF 2010 (§§ 53-12-1 — 53-12-506) › Article 4 - MODIFICATION AND TERMINATION (§§ 53-12-60 — 53-12-65) › Section 53-12-60 - Reformation to correct mistakes

(a)
If it is proved by clear and convincing evidence that the trust provisions were affected by a mistake of fact or law, whether in expression or inducement, the court may reform the trust provisions, even if unambiguous, to conform the provisions to the settlor's intention.
(b)
A petition for reformation may be filed by the trustee, any trust director, or any beneficiary or, in the case of an unfunded testamentary trust, the personal representative of the settlor's estate.
(c)
Notice of a petition for reformation of the trust shall be given to the trustee, any trust director, and all qualified beneficiaries.
Amended by 2020 Ga. Laws 508,§ 1-75, eff. 1/1/2021.
Added by 2010 Ga. Laws 506,§ 1, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 12 - REVISED GEORGIA TRUST CODE OF 2010 (§§ 53-12-1 — 53-12-506) › Article 4 - MODIFICATION AND TERMINATION (§§ 53-12-60 — 53-12-65) › Section 53-12-63 - [Repealed] Division and consolidation of trusts

Amended by 2018 Ga. Laws 366,§ 9, eff. 7/1/2018.
Added by 2010 Ga. Laws 506,§ 1, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 12 - REVISED GEORGIA TRUST CODE OF 2010 (§§ 53-12-1 — 53-12-506) › Article 4 - MODIFICATION AND TERMINATION (§§ 53-12-60 — 53-12-65) › Section 53-12-64 - [Repealed] Termination of trusts

Amended by 2018 Ga. Laws 366,§ 10, eff. 7/1/2018.
Added by 2010 Ga. Laws 506,§ 1, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 12 - REVISED GEORGIA TRUST CODE OF 2010 (§§ 53-12-1 — 53-12-506) › Article 4 - MODIFICATION AND TERMINATION (§§ 53-12-60 — 53-12-65) › Section 53-12-65 - Modification or termination of uneconomic trust

(a)
After notice to the qualified beneficiaries, the trustee of a trust consisting of trust property either having a total value less than $100,000.00 or for which the trustee's annual fee for administering the trust is 5 percent or more of the market value of the principal assets of the trust as of the last day of the preceding trust accounting year may terminate the trust if the trustee concludes that the value of the trust property is insufficient to justify the cost of administration, provided that in the case of a cemetery trust, notice shall be given to the Attorney General. For purposes of this subsection, the term "cemetery trust" means a trust the sole purpose of which is to hold and invest property to be used for the maintenance and care of cemetery plots.
(b)
The court may modify or terminate a trust or remove a trustee and appoint a different trustee if it determines that the value of the trust property is insufficient to justify the cost of administration.
(c)
Upon termination of a trust under this Code section, the trustee shall distribute the trust property in a manner consistent with the purposes of the trust.
(d)
This Code section shall not apply to an easement for conservation.
(e)
This Code section shall not apply to trusts governed by Chapter 14 of Title 10.
Amended by 2018 Ga. Laws 366,§ 11, eff. 7/1/2018.
Added by 2010 Ga. Laws 506,§ 1, eff. 7/1/2010.