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Georgia Code - Wills, Trusts & Estates - Title 53

Legal Research Home > Georgia Laws > Wills, Trusts & Estates > Georgia Code - Wills, Trusts & Estates - Title 53

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-1-1

(a) This chapter and Chapters 2 through 11 of this title, as such chapters were amended by an Act approved April 2, 1996 (Ga. L. 1996, p. 504), ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-1-2

As used in this chapter and Chapters 2 through 11 of this title, the term: (1) 'Administrator' means any person appointed and qualified to administer an ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-1-3

There is no right of dower or tenancy by curtesy in this state. ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-1-4

Whenever income from an estate or trust is available for the benefit of an individual whose support is the legal obligation of another and the income is actually ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-1-5

(a) An individual who feloniously and intentionally kills or conspires to kill or procures the killing of another individual forfeits the right to take an interest from the ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-1-6

(a) In any case in which the United States Department of the Treasury or the Department of Revenue of this state determines that there exists an overpayment of ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-1-7

A surviving spouse who is under the age of 18 years is entitled to apply for, take, and hold any share in the deceased spouse´s estate to which ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-1-8

A decree of adoption, whether issued by a court of this state or by a court of any other jurisdiction, shall have the effect described in Code Section ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-1-10

(a) A lifetime transfer to a beneficiary of property that is the subject of a specific testamentary gift is treated as a satisfaction if it is shown pursuant ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-1-11

Every advancement shall be valued without interest at its value at the time of the transfer unless a value or an interest rate is specified in writing at ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-1-12

(a) If a beneficiary has received a satisfaction, the beneficiary shall not receive any other property in replacement of the specific testamentary gift which is the subject of ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-1-13

Unless the writing described in subsection (c) of Code Section 53-1-10 or the testator´s will expressly provides otherwise, a satisfaction or an advancement is considered when computing the ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-1-20

(a) For purposes of this Code section, the term 'property' includes any interest in property and any power over or right with respect to the property. ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-2-1

(a) For purposes of this Code section: (1) Children of the decedent who are born after the decedent´s death are considered children in being at ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-2-2

Reserved. ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-2-3

The rights of inheritance of a child born out of wedlock shall be as follows: (1) A child born out of wedlock may inherit in the ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-2-4

(a) The mother of a child born out of wedlock, the other children of the mother, and other maternal kin may inherit from and through the child born ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-2-5

An individual conceived by artificial insemination and presumed legitimate in accordance with Code Section 19-7-21 shall be considered a child of the parents and entitled to inherit under ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-2-6

An individual who is related to the decedent through two or more lines of relationship is entitled to only a single share based on the relationship entitling that ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-2-7

(a) Upon the death of an intestate decedent who is the owner of any interest in real property, the title to any such interest which survives the intestate ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-2-8

(a) When the spouse of an intestate decedent dies intestate and without ascertainable heirs within six months of the decedent´s death, any undistributed property of the decedent to ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-2-20

The identity or interest of any heir may be resolved judicially upon application to the probate court that has jurisdiction by virtue of a pending administration or that ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-2-21

Any personal representative, guardian, conservator, committee, trustee, fiduciary, or other person having a status which by operation of law or written instrument devolves upon such person a duty ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-2-22

Any individual claiming to be an heir or any person in any way interested as a distributee in any property under the laws of intestacy may apply to ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-2-23

Upon the filing in a superior court of a petition described in Code Section 53-2-21 or 53-2-22, service on the parties in interest shall be effected in the ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-2-24

Upon the filing in a probate court of a petition described in Code Section 53-2-21 or 53-2-22, a citation shall be issued and parties in interest shall be ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-2-25

Any individual claiming to be an heir or any person in any way interested as a distributee and who is not named as such in any petition filed ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-2-26

In the absence of fraud, the findings of the superior court or the probate court shall be binding and conclusive as to every person and as to every ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-2-27

(a) When the kinship of any party in interest to a decedent is in controversy in any proceeding under this article, a superior court may order the removal ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-2-30

(a) An administrator may distribute all or a portion of an intestate estate in kind in a distribution that is pro rata as to each asset. ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-2-31

An heir or the administrator may petition the probate court for an order allowing a distribution in kind that is not pro rata as to each asset. The ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-2-32

If no objection is made to the petition, the probate court shall order the administrator to distribute the assets in the manner requested in the petition. If objection ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-2-40

(a) When an individual has died intestate and there has been no personal representative appointed in this state, any heir of the decedent may file a petition praying ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-2-41

(a) Upon the filing of a petition that states that there are known creditors of the estate who are to be served, a citation shall be issued and ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-2-42

After the granting of an order by the probate court that no administration is necessary, any creditor of the decedent shall have a right of action on the ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-2-50

As used in this article, the term 'escheat' is the reversion of property to the state upon a failure of heirs of a decedent to appear and make ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-2-51

(a) If no person has appeared and claimed to be an heir within four years from the date letters of any kind on an intestate decedent´s estate were ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-3-1

(a) As used in this chapter, the terms 'child' or 'children' mean any minor child who would be entitled to inherit if the child´s parent died intestate. ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-3-2

(a) A surviving spouse´s right to year´s support shall be barred by the marriage or death of the spouse prior to the filing of the petition for year´s ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-3-3

A testator by will may make provision for the spouse in lieu of year´s support, in which case the surviving spouse must make an election. ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-3-4

In solvent and insolvent estates, all taxes and liens for taxes accrued for years prior to the year of the decedent´s death against the real property set apart ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-3-5

(a) Upon the death of any individual leaving an estate solvent or insolvent, the surviving spouse or a guardian or other person acting in behalf of the surviving ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-3-6

(a) As used in this Code section, the term 'interested person' means the decedent´s children, spouse, other heirs, beneficiaries, creditors, and any others having a property right in ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-3-7

(a) If no objection is made after the publication of the notice, or, if made, is disallowed or withdrawn, the probate court shall enter an order setting aside ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-3-8

(a) If the decedent leaves minor children by different spouses, the probate court shall specify the portion going to the children of the former spouse or spouses, which ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-3-9

(a) Except as otherwise provided in Code Section 53-3-8, title to the property set apart shall vest in the surviving spouse and child or children or, if there ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-3-10

The probate court may award year´s support as to property located inside or outside the county where the decedent was domiciled at the time of death; and title ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-3-11

(a) When the probate court grants an order for year´s support which awards an interest in real property located in this state, within 30 days after granting the ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-3-12

(a) The fees of the probate court shall be paid by the petitioner for year´s support out of the fund set apart. (b) The probate ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-3-13

The right of a surviving spouse or minor child to year´s support from the estate of a decedent shall be barred by a sale or conveyance made prior ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-3-14

If year´s support is set apart for the benefit of any individual in or with respect to real property on which there is a recorded option to purchase ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-3-15

A conveyance, contract, or lien made or created by the surviving spouse or by the guardian of the minor child or children shall be superior to the title ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-3-16

Whenever the vendor of real property makes a deed to such real property and takes a mortgage to secure the purchase money for such real property, neither the ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-3-17

Whenever the vendor of personal property, at the time of selling and delivering such personal property, takes a mortgage or other security interest to secure the payment of ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-3-18

Whenever a tenant dies owing a landlord for rent or for supplies for which the landlord has a special lien on the crops made on the lands rented ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-3-19

(a) When property is set apart as year´s support for the joint benefit of the surviving spouse and the minor child or children, a conveyance or encumbrance of ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-3-20

(a) The approval of the probate court required by subsection (b) of Code Section 53-3-19 shall be obtained in the following manner: The surviving spouse shall petition the ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-4-1

A testator, by will, may make any disposition of property that is not inconsistent with the laws or contrary to the public policy of the state and may ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-4-2

A will shall take effect instantly upon the death of the testator however long probate may be postponed. ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-4-3

No particular form is necessary to constitute a will. To determine whether an instrument is a will, the test is the intention of the maker to be gathered ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-4-10

(a) Every individual 14 years of age or older may make a will, unless laboring under some legal disability arising either from a want of capacity or a ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-4-11

(a) Testamentary capacity exists when the testator has a decided and rational desire as to the disposition of property. (b) An incapacity to contract may ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-4-12

A will must be freely and voluntarily executed. A will is not valid if anything destroys the testator´s freedom of volition, such as fraudulent practices upon the testator´s ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-4-20

(a) A will shall be in writing and shall be signed by the testator or by some other individual in the testator´s presence and at the testator´s express ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-4-21

Knowledge of the contents of a will by the testator is necessary to the validity of a will. If the testator can read, the testator´s signature or acknowledgment ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-4-22

(a) Any individual who is competent to be a witness and age 14 or over may witness a will. (b) If a witness is competent ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-4-23

(a) If a subscribing witness is also a beneficiary under the will, the witness shall be competent; but the testamentary gift to the witness shall be void unless ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-4-24

(a) At the time of its execution or at any subsequent date during the lifetime of the testator and the witnesses, a will or codicil may be made ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-4-30

A contract made on or after January 1, 1998, that obligates an individual to make a will or a testamentary disposition, not to revoke a will or a ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-4-31

(a) A joint will is one will signed by two or more testators that deals with the distribution of the property of each testator. A joint will may ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-4-32

The execution of a joint will or of mutual wills does not create a presumption of a contract not to revoke the will or wills. ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-4-33

(a) A joint will or mutual wills may be revoked by any testator in the same manner as any other will. (b) Revocation of a ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-4-40

A will may be changed or revoked by the testator at any time prior to the testator´s death. ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-4-41

In all cases of revocation, the intent to revoke is necessary. ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-4-42

(a) A revocation may be express or implied. (b) An express revocation occurs when the testator by writing or action expressly annuls a will. An ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-4-43

An express revocation may be effected by a subsequent will or other written instrument that is executed, subscribed, and attested with the same formality as required for a ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-4-44

An express revocation may be effected by any destruction or obliteration of the will done by the testator with an intent to revoke or by another at the ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-4-45

(a) If a will or other written instrument that expressly revoked a previous will in its entirety is revoked by a later will or other written instrument, as ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-4-46

(a) A presumption of intent to revoke arises if the original of a testator´s will cannot be found to probate. (b) A copy of a ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-4-47

An implied revocation extends only so far as an inconsistency exists between testamentary instruments. Any portion of a prior instrument that can stand consistently with the testamentary scheme ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-4-48

(a) Except as otherwise provided in Code Section 53-4-49, the marriage of the testator, the birth of a child to the testator, including a posthumous child born within ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-4-49

All provisions of a will made prior to a testator´s final divorce or the annulment of the testator´s marriage in which no provision is made in contemplation of ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-4-50

A revoked will may be republished by a writing executed by the testator and subscribed and attested by witnesses with the same formality required for a will. ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-4-55

In the construction of all wills, the court shall seek diligently for the intention of the testator and shall give effect to such intention as far as it ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-4-56

In construing a will, the court may hear parol evidence of the circumstances surrounding the testator at the time of execution to explain all ambiguities, whether latent or ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-4-57

If a will is illegal in part, the part that is legal may be sustained; but if the whole will so constitutes one testamentary scheme that the legal ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-4-58

If at the time of execution of the will the testator fails to provide in the will for a living child of the testator solely because the testator ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-4-59

Testamentary gifts may be specific, demonstrative, general, or residuary. A specific testamentary gift directs the delivery of property particularly designated. A demonstrative testamentary gift designates the fund or ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-4-60

The income, profit, or increase of specific testamentary gifts, as a general rule, goes with the gift though the time of enjoyment or vesting may be postponed. ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-4-61

(a) A general or demonstrative testamentary gift usually bears interest at the legal rate after the expiration of 12 months from the death of the testator; provided, however, ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-4-62

If a testamentary gift to a charity cannot be executed in the exact manner provided by the testator, the superior court may exercise equitable powers in such a ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-4-63

(a) Unless otherwise directed, the debts of the testator shall be paid out of the residuum. Unless otherwise provided in the will, a residuary gift or any part ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-4-64

(a) If a beneficiary is dead when the will is executed or otherwise dies before the testator, but has any descendants living at the death of the testator, ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-4-65

(a) A lapsed or void testamentary gift of realty or personalty shall become part of the residuum. (b) A lapsed or void gift of the ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-4-66

Except as provided in Code Section 53-4-67, a specific testamentary gift is adeemed or destroyed, wholly or in part, when the testator for any reason does not own ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-4-67

(a) If the testator exchanges property which is the subject of a specific testamentary gift for other property of like character, or merely changes the investment of a ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-4-68

(a) Conditions in a will that are impossible, illegal, or against public policy shall be void. (b) A condition in terrorem shall be void unless ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-4-69

A beneficiary taking under a will shall allow all the provisions of the will to be executed as far as the beneficiary can. A beneficiary who has a ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-4-70

(a) When a testator has attempted to make a testamentary gift of property that is not the testator´s own and has also given a benefit to a person ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-4-71

If, pursuant to Code Sections 53-4-69 and 53-4-70, an election is made against the will, the defeated beneficiary shall be entitled to compensation out of the property bequeathed ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-4-72

All property owned by the testator at death that was acquired subsequent to the making of a will shall pass under the will if the provisions of the ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-4-73

(a) Any individual who is 18 years of age or older and of sound mind may provide for the sale by contract or by will of a heart ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-4-74

(a) As used in this Code section, the term 'marital deduction testamentary gift or transfer' means a testamentary gift or transfer of assets, including cash, which qualifies for ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-5-1

(a) The probate court shall have exclusive jurisdiction over the probate of wills. (b) The county of domicile of the testator at death shall give jurisdiction ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-5-2

The right to offer a will for probate shall belong to the executor, if one is named. If for any reason the executor fails to offer the will ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-5-3

A will shall not be offered for probate following the expiration of five years from the latest date on which a petition is filed for: ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-5-4

An executor acting under or any person claiming under a will offered for probate within the period described in Code Section 53-5-3 shall be permitted to recover from ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-5-5

A person having possession of a will shall file it with reasonable promptness with the probate court of the county having jurisdiction. The probate court may attach for ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-5-6

On the investigation of an issue of devisavit vel non, the admission of an executor before qualification or of a beneficiary, other than a sole beneficiary, shall not ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-5-7

If a codicil republished a will except as to any amendment contained in the codicil and clearly identified the will that was republished, proof of the codicil is ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-5-15

Probate of a will may be in common form or in solemn form or both. ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-5-16

(a) The probate of a will in common form is not conclusive upon anyone interested in the estate adversely to the will except as provided in Code Section ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-5-17

(a) A will may be proved in common form upon the testimony of a single subscribing witness and without notice to anyone. If the will is self-proved, compliance ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-5-18

The order to probate a will in common form may be granted by the probate court at any time. ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-5-19

Probate in common form shall become conclusive upon all parties in interest four years from the time of probate, except upon minor heirs who require proof in solemn ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-5-20

Probate in solemn form is conclusive upon all parties notified and upon all beneficiaries under the will who are represented by the executor. As to heirs not effectively ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-5-21

(a) A will may be proved in solemn form after due notice, upon the testimony of all the witnesses in life and within the jurisdiction of the court, ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-5-22

(a) Probate in solemn form requires due notice to all the heirs of the testator, and, if there is any other purported will of the testator for which ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-5-23

(a) In all proceedings for the probate of a will in common form or solemn form, witnesses to the will may be examined in person or by written ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-5-24

When it appears that a will cannot be proved as otherwise provided by law because at the time the will is offered for probate one or more of ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-5-25

(a) Upon petition of the interested parties, any superior court on appeal or any probate court which is so authorized by Article 6 of Chapter 9 of Title ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-5-26

Upon petition to the probate court, a person named as an executor in a purported will of a decedent shall be entitled to recover from the estate of ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-5-30

For purposes of this article: (1) 'Domiciliary jurisdiction' is the jurisdiction outside this state in which a nondomiciliary is domiciled at death. ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-5-31

A foreign will or an out-of-state will may be admitted to original common or solemn form probate under the rules governing probate of wills of testators who die ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-5-32

If a foreign will or an out-of-state will is admitted to original probate in common or solemn form, the terms of the will shall be given effect under ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-5-33

(a) A foreign will or an out-of-state will duly admitted to probate or established under the laws of the domiciliary jurisdiction may be admitted to ancillary probate in ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-5-34

If a foreign will or an out-of-state will is admitted to ancillary probate in this state, the validity and terms of the will shall be given effect under ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-5-35

(a) Wills that are probated or established in another state shall constitute muniments of title for the transfer and conveyance of real property in this state to the ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-5-36

The probate court of any county in this state in which is located any property owned by the decedent or any cause of action of which the decedent ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-5-37

Upon the admission of a foreign will or an out-of-state will to ancillary probate, an executor named by or pursuant to the will to serve in this state ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-5-38

If a nondomiciliary dies intestate owning real property located in this state, the real property shall be distributed to that decedent´s heirs in accordance with the laws of ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-5-39

When a nondomiciliary dies intestate owning real property located in any county of this state, the probate court of such county, on petition of any heir, creditor, or ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-5-40

Upon qualification, the ancillary personal representative shall give notice to all creditors of the nondomiciliary decedent who are domiciled in this state in the same manner as is ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-5-41

An ancillary personal representative shall be subject to the laws of this state governing the administration of estates generally, except that by order of the probate court granted ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-5-42

When an individual dies domiciled outside of this state possessed of a claim to or against real or personal property or a cause of action within this state, ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-5-43

A copy of letters, or like documentation authenticated in accordance with Code Section 24-7-24, evidencing the qualification of the personal representative of the decedent who died domiciled outside ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-5-44

Any person having an interest or claim as heir, beneficiary, or creditor with respect to any real or personal property located within this state of an individual who ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-5-45

(a) A personal representative of a decedent who died domiciled outside this state submits personally to the jurisdiction of the courts of this state in any proceeding relating ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-5-46

(a) Service of process may be made upon the personal representative of a decedent who dies domiciled outside this state by registered or certified mail, addressed to the ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-5-47

An adjudication with respect to personal property rendered in any jurisdiction in favor of or against any personal representative of the estate of a decedent who died outside ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-5-50

(a) The probate court shall have original jurisdiction over any action to vacate, set aside, or amend its order admitting a will to probate which alleges: ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-5-51

(a) The petition made pursuant to Code Section 53-5-50 shall set forth the allegations on which the action is based and the name and address of the then ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-5-60

This article shall be known and may be cited as the 'Uniform Transfer on Death Security Registration Act.' ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-5-61

As used in this article, the term: (1) 'Beneficiary form' means a registration of a security which indicates the present owner of the security and ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-5-62

Only individuals whose registration of a security shows sole ownership by one individual or multiple ownership by two or more with right of survivorship, rather than as tenants ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-5-63

A security may be registered in beneficiary form if the form is authorized by this or a similar statute of the state of organization of the issuer or ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-5-64

A security, whether evidenced by certificate or account, is registered in beneficiary form when the registration includes a designation of a beneficiary to take the ownership at the ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-5-65

Registration in beneficiary form may be shown by the words 'transfer on death' or the abbreviation 'TOD,' or by the words 'pay on death' or the abbreviation 'POD,' ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-5-66

The designation of a transfer on death beneficiary on a registration in beneficiary form has no effect on ownership until the owner´s death. A registration of a security ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-5-67

On death of a sole owner or the last to die of all multiple owners, ownership of securities registered in beneficiary form passes to the beneficiary or beneficiaries ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-5-68

(a) A registering entity is not required to offer or to accept a request for security registration in beneficiary form. If a registration in beneficiary form is offered ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-5-69

(a) A transfer on death resulting from a registration in beneficiary form is effective by reason of the contract regarding the registration between the owner and the registering ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-5-70

(a) A registering entity offering to accept registrations in beneficiary form may establish the terms and conditions under which it will receive requests for registrations in beneficiary form ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-5-71

This article applies to registrations of securities in beneficiary form made before or after July 1, 1999, by decedents dying on or after July 1, 1999. ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-6-1

Any individual who is sui juris, regardless of citizenship or residency, is eligible to serve as a personal representative or temporary administrator of a decedent who dies domiciled ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-6-2

Any person who, without authority of law, wrongfully intermeddles with or converts the personalty of a decedent whose estate is unrepresented shall be deemed an executor de son ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-6-10

(a) No formal words are necessary for the nomination of an executor. An expression by the testator of a desire that the person carry into effect the testator´s ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-6-11

(a) If the nominated executor does not qualify within 90 days after the order admitting the will to probate is entered or is proved to be dead or ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-6-12

A nominated executor may decline in writing the right to serve as executor, but this shall not preclude the nominated executor from qualifying at a later time to ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-6-13

Unless another nominated executor qualifies within the time provided in Code Section 53-6-11, the probate court shall appoint an administrator with the will annexed of a testate estate ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-6-14

(a) For purposes of this Code section, a beneficiary who is capable of expressing a choice is one: (1) Who has a present interest, including ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-6-15

(a) Every petition for letters of administration with the will annexed shall be made in accordance with the procedures set forth in Code Section 53-5-21 if the will ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-6-16

(a) Every executor and every administrator with the will annexed, upon qualification, shall take and subscribe an oath or affirmation in substantially the following form: ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-6-20

An administrator may be unanimously selected by all the heirs of a deceased intestate unless the sole heir is the decedent´s surviving spouse and an action for divorce ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-6-21

(a) Every petition for letters of administration shall be made to the probate court of the county of domicile of the decedent, or, if the decedent was not ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-6-22

Notice of the petition for letters of administration shall be mailed by first-class mail to each heir with a known address at least 13 days prior to the ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-6-23

Letters of administration may issue to any person selected as provided by Code Section 53-6-20, and a new citation need not be published if the administrator is someone ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-6-24

(a) Every administrator, upon qualification (which qualification may be done at any time if appointed at a regular term), shall take and subscribe an oath or affirmation in ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-6-30

(a) The probate court may at any time and without notice grant temporary letters of administration on an unrepresented estate to continue in full force and effect until ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-6-31

A temporary administrator may bring an action for the collection of debts or for personal property of the decedent. If a personal representative is appointed pending the action, ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-6-35

(a) The probate court of each county shall appoint a county administrator whose duty shall be to take charge of all estates unrepresented and not likely to be ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-6-36

(a)(1) Except as provided in paragraph (2) of this subsection, the county administrator shall have attained the age of 21 years and shall have been for at least ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-6-37

(a) The term of office of a county administrator shall be four years and shall expire on the first Monday in March or when a successor is appointed ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-6-38

If for any reason an estate is unrepresented and not likely to be represented, the probate court shall vest the administration of the estate in the county administrator, ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-6-39

If for any reason a county has no county administrator and there is an unrepresented estate that is not likely to be represented, it shall be the duty ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-6-40

(a) The probate court shall grant to the county administrator separate letters of administration upon each estate placed in the county administrator´s hands. Except as provided in subsection ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-6-41

Each county administrator shall give bond, with good security to be judged by the probate court, in the sum of $5,000.00. The bond shall be payable to the ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-6-42

The probate court may, for good cause shown, as provided in Code Sections 29-3-82, 29-5-92, and 53-7-14, revoke the letters of administration of the county administrator or letters ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-6-43

(a) If, in the opinion of the probate court or upon the petition of an heir, it shall become necessary for the good of any estate placed or ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-6-44

Nothing in this article shall be construed to require the probate court to vest administration in the county administrator or any other person when the heirs agree to ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-6-50

(a) Unless otherwise provided in this Code section, any person who seeks to qualify to serve as the personal representative of an intestate estate or as a temporary ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-6-51

(a) The bond of a personal representative or temporary administrator shall be secured by an individual who is a domiciliary of this state or by a licensed commercial ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-6-52

If the value of an estate decreases, the probate court may permit a corresponding reduction in the amount of the bond, but this reduction does not affect the ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-6-53

When a personal representative has qualified to serve without bond or is not otherwise required by law to give bond, the probate court, on its own motion or ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-6-54

The clerk of the probate court shall record bonds in a book kept for that purpose and shall retain custody of the bonds. ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-6-60

(a) Personal representatives shall be compensated as specified in either the will or any written agreement entered into prior to the decedent´s death or a written agreement signed ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-6-61

Personal representatives shall be allowed reasonable expenses incurred in the administration of the estate, including without limitation expenses for travel, the expenses and premiums incurred in securing a ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-6-62

(a) A personal representative may petition the probate court for compensation that is greater than that allowed under Code Section 53-6-60. Service of notice of the petition for ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-6-63

(a) Any executor who is a domiciliary of this state may receive compensation for services, as specified in this subsection, from a corporation or other business enterprise where ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-6-64

A temporary administrator may apply to the court for reasonable compensation after notice to interested parties in compliance with Chapter 11 of this title. The court shall award ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-7-1

(a) The duties and powers of the personal representative commence upon qualification. Such powers relate back to give acts performed by the personal representative prior to qualification that ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-7-2

The personal representative shall be entitled to possess and administer the entire estate. If, after payment of debts and satisfaction of testamentary gifts, there are assets not given ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-7-3

An administrator with the will annexed shall have all rights, powers, privileges, exemptions, and immunities of the executor, including the dispensation by the testator of the necessity of ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-7-4

Temporary administrators, pending the appointment of a personal representative, and executors, pending litigation of caveats to wills, are authorized to carry out existing contracts of the decedent, carry ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-7-5

(a) If more than one personal representative is qualified and unless the will provides otherwise: (1) The personal representatives must act by their unanimous action; ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-7-6

Except as otherwise provided in the will, a personal representative is authorized: (1) To borrow money and to bind the estate by the execution of a ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-7-7

Except as otherwise provided in the will, income received by an executor during the period of administration from property that is used to pay debts, taxes, expenses of ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-7-8

Whenever a personal representative has paid all the debts of the decedent and all claims against the estate, and property due minor heirs or beneficiaries for whom no ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-7-10

(a) For purposes of this article, the term 'personal representative' includes temporary administrators. (b) When an action is brought against a personal representative in that ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-7-11

When the cause of action originated in the lifetime of the decedent, a personal representative may make any defense or pleading which the decedent could have made if ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-7-12

An action against joint personal representatives shall not abate by the death of one but shall proceed against the survivor or survivors. ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-7-13

In all cases where there are two or more personal representatives and one or more of them removes beyond the limits of this state, service of any writ ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-7-14

(a) When letters testamentary or letters of administration are revoked, no action by or against the removed personal representative shall abate. The newly appointed personal representative may be ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-7-15

The provisions of law governing the situation in which the surety on a guardian´s bond dies, becomes insolvent, removes beyond the limits of this state, from other cause ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-7-16

The personal representative and sureties shall be held and deemed joint and several obligors and may be subjected jointly and severally to liability in the same action. When ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-7-17

If two or more personal representatives unite in a common bond, all the sureties shall be bound for the acts of each personal representative and the personal representatives ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-7-18

In all cases of removal of a personal representative for any cause, the sureties on that personal representative´s bond shall be liable for the personal representative´s acts in ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-7-19

When any personal representative fails to settle and account with any heir or beneficiary of the estate, the heir or beneficiary may bring an action on the bond ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-7-20

Upon the rendition of a judgment against a personal representative upon any liability of the decedent and a return of writ of execution marked nulla bona, the plaintiff ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-7-21

In an action against a personal representative in that person´s representative capacity, the judgment shall generally be de bonis testatoris. However, when the personal representative unsuccessfully makes any ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-7-22

(a) When a judgment has been obtained against the principal and surety or sureties on the bond of a personal representative, guardian, or other fiduciary, a levy may ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-7-23

In all cases of judgments recovered against a personal representative and the sureties of a personal representative, the execution shall first be levied on the property of the ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-7-30

Unless otherwise provided by will or relieved under Code Section 53-7-32 or 53-7-33, the personal representative shall prepare an inventory of all the property of the decedent. The ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-7-31

The inventory provided for in Code Section 53-7-30 shall be made jointly by all the personal representatives but shall not be conclusive proof of joint possession of the ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-7-32

(a) Any beneficiary of a testate estate or heir of an intestate estate may waive individually the right to receive the inventory from the personal representative. Such waiver ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-7-33

A testator may, by will, dispense with the necessity of the personal representative´s making an inventory to the probate court or the beneficiaries or both, provided the same ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-7-34

Unless the inventory is waived pursuant to Code Section 53-7-32 or a testator by will dispenses with the necessity of having a personal representative make an inventory pursuant ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-7-40

Unless otherwise provided by law, all property of the estate, both real and personal, shall be liable for the payment of claims against the estate in the following ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-7-41

The personal representative shall be allowed six months from the date of the qualification of the first personal representative to serve in which to ascertain the condition of ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-7-42

(a) The personal representative shall not be required to pay the debts of the estate, wholly or in part, until six months from the date of qualification of ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-7-43

If the estate shall have been distributed to the heirs or beneficiaries without notice of an existing debt, a creditor may compel them to contribute pro rata to ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-7-44

Except as otherwise provided by the will, any debt not due by its terms at the time for payment of debts of equal priority shall be satisfied and ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-7-45

Personal representatives are authorized to compromise, adjust, arbitrate, assign, sue or defend, abandon, or otherwise deal with or settle debts or claims in favor of or against the ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-7-50

(a) A personal representative who has fully performed all duties or who has been allowed to resign may petition the probate court for discharge from the office and ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-7-51

If funds are in the hands of the personal representative and no person claims such funds, the probate court may nevertheless grant a discharge. ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-7-52

A temporary administrator may be discharged in the same manner as provided for discharge of personal representatives. ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-7-53

A discharge obtained by the personal representative by means of any fraud is void and may be set aside on motion and proof of fraud. ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-7-54

(a) If a personal representative or temporary administrator commits a breach of fiduciary duty or threatens to commit a breach of fiduciary duty, a beneficiary of a testate ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-7-55

Upon the petition of any person having an interest in the estate or whenever it appears to the probate court that good cause may exist to revoke the ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-7-56

(a) A personal representative may resign: (1) In the manner and under the circumstances described in the will; (2) Upon petition to ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-7-60

The superior court shall have concurrent jurisdiction with the probate court over the settlement of accounts of personal representatives. ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-7-61

If the personal representative resigns, is removed, or dies, an heir of an intestate estate or a beneficiary of a testate estate, the sureties of the personal representative ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-7-62

(a) Any person interested as an heir or beneficiary of an estate or the probate court may, after the expiration of six months from the granting of letters, ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-7-63

Upon proof of citation pursuant to Code Section 53-7-62, the probate court may proceed to make an account, hear evidence upon any contested question, and make a final ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-7-64

A personal representative shall account for income on the property administered as follows: (1) The personal representative shall be charged with all income earned during ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-7-65

The final receipts on settlements given by heirs or beneficiaries to a personal representative, whether a judicial or an informal settlement, may be admitted to record by the ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-7-66

When litigation against the estate is pending or is threatened or when notice of a claim has been given to the personal representative, the personal representative may demand ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-7-67

(a) Within 60 days of the anniversary of the date of qualification, in each year, every personal representative required by the laws of this state to make annual ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-7-68

(a) Upon filing the annual return with the probate court, the personal representative shall mail by first-class mail a copy of the return, but not the vouchers, to ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-7-69

A testator may, by will, dispense with the necessity of the personal representative´s filing an annual return with the probate court or the beneficiaries or both, provided the ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-7-70

The probate court shall carefully examine each return of a personal representative and its vouchers; and if the court finds it correct and no objection is filed within ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-7-71

(a) The return of a nonresident personal representative may be admitted to record upon affidavit of the personal representative´s surety. (b) If a personal representative ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-7-72

To ensure annual returns from every personal representative, it shall be the duty of the probate court to keep a docket of all those who are liable to ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-7-73

(a) Any time after the six-month period following qualification, but not more frequently than once every 12 months, a personal representative may file with the probate court a ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-7-74

At or before the time fixed for hearing, any parties at interest may file objections to the personal representative´s report, actions, and accounting, in which case the hearing ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-7-75

The probate court, upon its own motion or upon the motion of any party in interest, whenever it appears that a question of construction of a will is ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-7-76

Should it appear from the intermediate report that the personal representative is liable to the estate or to any beneficiary of the estate, the probate court is authorized ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-7-77

All parties in interest shall be bound by the order of the probate court on the intermediate report; and thereafter no such person shall be heard in any ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-7-78

Costs shall be taxed against the estate or the parties as the probate court shall deem fair and reasonable. ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-8-1

(a) Unless otherwise expressly provided in the will, a personal representative shall be authorized to make those investments that are listed in Code Sections 53-8-2 and 53-8-3. ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-8-2

A personal representative is authorized to invest estate funds in real property after first obtaining an order to that effect from the probate court or from the superior ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-8-3

A personal representative is authorized to invest estate funds in: (1) Bonds issued by any county or municipality of this state which have been validated ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-8-4

(a) Whenever by law or by an instrument or court order establishing a fiduciary relationship the personal representative is authorized, permitted, required, or directed to invest funds in ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-8-5

(a) Unless otherwise provided in the will, a personal representative is authorized to retain the property received by the personal representative on the creation of the estate, including, ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-8-10

(a) Subject to the provisions of this article, a personal representative may sell, rent, lease, exchange, or otherwise dispose of property, whether personal, real, or mixed, for the ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-8-11

Perishable property, property that is liable to deteriorate from keeping, or property that is expensive to keep shall be sold as early as practicable and in such manner ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-8-12

Stocks or bonds, either listed or admitted to unlisted trading privileges upon any stock exchange or quoted regularly in any newspaper having a general circulation in Georgia, may ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-8-13

(a) A personal representative desiring to sell, rent, lease, exchange, or otherwise dispose of property other than property that is perishable, liable to deteriorate, or expensive to keep ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-8-14

A personal representative may not bind the estate by any warranty in any conveyance or contract, nor shall a personal representative be personally bound by such covenant, unless ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-8-15

(a) The title to all property of an estate being in the personal representative for the payment of debts and other purposes of administration, title to property in ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-9-1

(a) A domiciliary of this state who has been missing from the last known place of domicile for a continuous period of four years shall be presumed to ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-9-2

(a) A petition for administration of the estate, for the probate in common form or solemn form of the will, for year´s support, or for an order that ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-9-3

At the hearing the probate court shall hear such evidence as shall be offered for the purpose of ascertaining whether a diligent and reasonable effort has been made ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-9-4

At any time after the entering of the order finding the missing individual to be dead, the probate court shall issue letters of administration or letters testamentary or ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-9-5

Upon petition of the missing individual, the probate court shall revoke the letters of administration or letters testamentary at any time on due and satisfactory proof that the ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-9-6

At any time before the expiration of two years after letters or an order for year´s support or an order that no administration is necessary is issued regarding ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-9-7

Before a distribution of any of the assets of the estate of a missing person is made to a spouse, child, or other purported heir or beneficiary within ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-9-10

(a) For purposes of this article, an individual is deemed to be missing if: (1) That individual is missing from the usual place of domicile and ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-9-11

(a) In determining whether to appoint a conservator of the estate of a missing individual, the probate court shall take into account any other existing arrangements for the ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-9-12

The petition shall set forth the name of the missing individual, that individual´s place of domicile, the circumstances under which that individual came to be missing, the length ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-9-13

(a) Upon the filing of the petition, the procedure shall be the same as in petitions for the administration on the estates of decedents, with the individuals who ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-9-14

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 ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-9-15

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 ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-9-16

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 ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-9-20

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 ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-9-21

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 ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-10-1

This chapter may be cited as the 'Uniform Simultaneous Death Act in Georgia.' ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-10-2

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 ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-10-3

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 ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-10-4

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 ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-10-5

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 ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-10-6

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. ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-11-1

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 of this ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-11-2

(a) As used in this Code section, the term 'guardian' means the guardian ad litem appointed by the probate court who may represent a single party or more ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-11-3

(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 ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-11-4

(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 ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-11-5

The probate judge may direct any additional service or notice or extend the time to respond with respect to any proceedings covered by this chapter as the judge ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-11-6

(a) Service or 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 ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-11-7

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 ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-11-8

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 ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-11-9

(a) Upon the filing of a petition, a citation shall be issued addressed to the persons required to be served or entitled to notice; provided, however, if all ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-11-10

(a) Except as otherwise prescribed by law or directed by the judge pursuant to Code Section 53-11-5 with respect to any particular proceeding, the date on or before ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-11-11

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 ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-1

This chapter shall be known and may be cited as the 'Georgia Trust Act.' ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-2

As used in this chapter, the term: (1) 'Beneficiary' means a person for whose benefit property is held in trust, regardless of the nature of ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-3

Except to the extent it would impair vested rights and except as otherwise provided by law, this chapter shall apply to any trust regardless of the date it ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-4

Trusts of every kind, not generally cognizable at law, are peculiarly subjects of equity jurisdiction. Any person having a claim against any trust for services rendered to the ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-5

The effect of provisions of this chapter may be varied by the trust instrument except: (1) As otherwise provided in this chapter; and ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-6

A trust shall never fail for the want of a trustee. ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-7

Except to the extent that the principles of common law and equity governing trusts are modified by this chapter or another statute, those principles remain the law of ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-20

(a) An express trust shall be created or declared in writing. (b) An express trust shall have each of the following elements, ascertainable with reasonable ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-21

(a) No formal words are necessary to create an express trust. (b) Words otherwise precatory in nature will create a trust only if they are ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-22

A person has capacity to create an inter vivos trust to the extent that person has legal capacity to transfer title to property inter vivos. A person has ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-22.1

(a) This Code section shall apply only with respect to a trust that has or will have as its initial corpus a policy or policies of life insurance ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-23

A trust may be created for any lawful purpose. ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-24

(a) The trustee must have legal capacity under Georgia law to acquire, hold, and transfer title to property. If the trustee is a corporation, it must have the ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-25

Property may be added to an existing trust from any source in any manner if the addition is permitted by the trust instrument and the property is acceptable ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-26

Except as otherwise provided by law, a trust shall be executory and the legal estate shall remain in the trustee only so long as the trustee has any ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-27

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 ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-28

(a) A spendthrift provision is a provision in a trust that the interest of the beneficiary in the income or in the principal or in both may not ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-50

As used in this article, the term: (1) 'Deed' means and includes any written agreement, declaration of trust, or other instrument which creates a trust ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-51

The owners of property located in this state or persons desiring to acquire beneficial ownership of such property may create by deed an estate therein and in the ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-52

(a) The deed creating a trust estate as provided in Code Section 53-12-51 shall, within 30 days of the execution thereof, be filed by the trustee in the ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-53

If the deed creating a trust estate under Code Section 53-12-51 so provides, the trustee or trustees may conduct and transact the affairs of the trust estate under ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-54

When an estate is created pursuant to Code Section 53-12-51 and from time to time thereafter, the trustee or trustees shall issue such certificates of beneficial interest as ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-55

The trustee or trustees of a trust created under Code Section 53-12-51 shall have sole and exclusive management and control of the property, in accordance with the terms ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-56

In addition to investments in any property, as such word is defined in Code Section 53-12-50, the trustee or trustees of a trust created under Code Section 53-12-51 ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-57

Each trust created pursuant to this article shall make a return to the Secretary of State, upon the creation of the trust and annually thereafter, in the same ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-58

Upon the termination of the estate created under Code Section 53-12-51, the legal title to all the property belonging to the estate which is then undisposed of shall ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-59

(a) Any trust created pursuant to this article may be merged into a domestic corporation for profit organized under the laws of this state and subject to Title ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-70

This article shall be known and may be cited as the 'Testamentary Additions to Trusts Act.' ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-71

(a) A devise or bequest, the validity of which is determinable by the law of this state, may be made by a will to the trustee or trustees ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-72

The trustee or trustees of a trust established by the testator or others as provided in Code Section 53-12-71 shall not be required to inquire into or audit ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-73

This article shall apply to all devises or bequests made in the will of a testator dying on or after May 31, 1968, whether the will is executed ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-74

This article shall be liberally construed and applied so as to effectuate its general purpose to provide for testamentary additions to trusts and to make uniform the law ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-90

An implied trust is either a resulting trust or a constructive trust. ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-91

A resulting trust is a trust implied for the benefit of the settlor or the settlor´s successors in interest when it is determined that the settlor did not ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-92

(a) A purchase money resulting trust is a resulting trust implied for the benefit of the person paying consideration for the transfer to another person of legal title ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-93

(a) A constructive trust is a trust implied whenever the circumstances are such that the person holding legal title to property, either from fraud or otherwise, cannot enjoy ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-94

In all cases in which a trust is sought to be implied, the court may hear parol evidence of the nature of the transaction, the circumstances, and the ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-110

The following subjects, as well as other subjects having for their purpose the relief of human suffering or the promotion of human civilization, are proper subjects of charity: ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-111

A charitable trust is one in which the settlor provides that the trust property shall be used for charitable purposes. If the settlor provides for both charitable and ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-112

The settlor of a charitable trust may retain the power to select the charitable purposes or charitable beneficiaries, or may direct the trustee or any other person to ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-113

If a valid charitable bequest, trust, or gift cannot be executed in the exact manner provided by the testator, settlor, or donor, the superior court will exercise equitable ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-114

A charitable trust is valid even though by the terms of the trust it is to continue for an indefinite or unlimited period. ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-115

In all cases in which the rights of beneficiaries under a charitable trust are involved, the Attorney General or the district attorney of the circuit in which the ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-116

(a) As used in this Code section, the term 'charitable trust' means a charitable trust which conforms to the definition of a private foundation set forth in Section ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-120

Notwithstanding any provision therein to the contrary and except as provided in Code Section 53-12-121, the articles of incorporation of any corporation which is a private foundation, as ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-121

Any corporation which is a private foundation, as defined in Section 509 of the Internal Revenue Code, may amend its articles of incorporation expressly to exclude the application ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-122

Nothing contained in Code Sections 53-12-120 and 53-12-121 shall cause or be construed to cause a forfeiture or reversion of any of the property of a trust which ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-123

Nothing in Code Sections 53-12-120 and 53-12-121 shall impair the rights and powers of the courts or the Attorney General of this state with respect to any corporation. ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-124

Notwithstanding any provision therein to the contrary and except as provided in Code Section 53-12-126, the governing instrument of any trust which is a private foundation, as defined ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-125

Notwithstanding any provision therein to the contrary and except as provided in Code Section 53-12-126, the governing instrument of any trust which is a private foundation, as defined ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-126

The trustees of any trust which is a private foundation, as defined in Section 509 of the Internal Revenue Code, a charitable trust, as defined in Section 4947(a)(1) ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-127

Nothing contained in Code Section 53-12-124, 53-12-125, or 53-12-126 shall cause or be construed to cause a forfeiture or reversion of any of the property of a trust ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-128

Nothing in Code Sections 53-12-124 through 53-12-126 shall impair the rights and powers of the courts or the Attorney General of this state with respect to any trust. ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-129

(a) With respect to any trust which is a private foundation, as defined in Section 509 of the Internal Revenue Code, or a charitable trust, as defined in ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-130

With respect to property held by a corporation which is a private foundation, as defined in Section 509 of the Internal Revenue Code, and which is subject to ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-131

In any case where the trustees of a trust have elected to come under Code Section 53-12-129 or 53-12-130 and have distributed property in kind from the trust ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-132

Nothing contained in Code Section 53-12-129, 53-12-130, or 53-12-131 shall cause or be construed to cause a forfeiture or reversion of any of the property of a trust ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-133

Nothing in Code Section 53-12-129, 53-12-130, or 53-12-131 shall impair the rights and powers of the courts or the Attorney General of this state with respect to any ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-150

A settlor shall have no power to modify or revoke a trust in the absence of an express reservation of such power. A power to revoke will be ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-151

In exercising a power to modify the terms of a trust, the settlor may not enlarge the duties of the trustee without the trustee´s express consent. ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-152

(a) If upon petition of the trustee, personal representative of the decedent´s estate, or any beneficiary, the court having jurisdiction over a trust, regardless of any spendthrift or ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-153

The court may direct or permit a trustee to modify the terms of a trust if it is established by clear and convincing evidence that, owing to circumstances ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-170

(a) The settlor may appoint trustees, or grant that power to others, including trust beneficiaries. (b) If the trust instrument names a person to fill ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-171

The acceptance of a trust is necessary to constitute a person as trustee. Acceptance may be effected by acts as well as words. After acceptance, the trustee may ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-172

Unless the trust instrument provides otherwise, the authority of cotrustees to act on behalf of the trust shall be as follows: (1) A power vested ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-173

(a) Trustees shall be compensated in accordance with either the trust instrument or any separate written agreement. The agreement shall be between the trustee and the settlor, or ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-173.1

(a) Any trustee resident in this state may receive compensation for services, as specified in this subsection, from a corporation or other business enterprise, where the trust estate ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-174

(a) A trustee is not required to give a bond to secure performance of the trustee´s duties unless: (1) The trust instrument requires a bond; ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-175

(a) A trustee may resign: (1) In the manner and under the circumstances described in the trust instrument; (2) Upon application to the ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-176

(a) A trustee may be removed: (1) In accordance with the terms of the trust instrument; or (2) Upon application to the superior ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-190

(a) The duties contained in this chapter are applicable except as otherwise provided in the trust instrument, and are in addition to and not in limitation of the ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-191

The trustee is accountable to the beneficiary for the trust property. A violation by the trustee of any duty that the trustee owes the beneficiary is a breach ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-192

(a) Notwithstanding the remedy set forth in subsection (c) of Code Section 53-12-222 for an abuse of discretion as provided in Code Sections 53-12-220 and 53-12-221, if a ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-193

(a) Notwithstanding the remedy set forth in subsection (c) of Code Section 53-12-222 for an abuse of discretion as provided in Code Sections 53-12-220 and 53-12-221, a trustee ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-194

(a) No provision in a trust instrument is effective to relieve the trustee of liability for breach of trust committed in bad faith or intentionally or with reckless ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-195

(a) A successor trustee is liable to the beneficiary for breach of trust involving acts or omissions of a predecessor trustee only: (1) If the ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-196

(a) A trustee is liable to the beneficiary for a breach committed by a cotrustee: (1) If the trustee participates in a breach of trust committed ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-197

(a) A trustee may maintain an action against a cotrustee to: (1) Compel the cotrustee to perform duties required under the trust; ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-198

(a) Unless a claim is previously barred by adjudication, consent, limitation, or otherwise, if a beneficiary has received a written report that adequately discloses the existence of a ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-199

(a) No trustee shall be personally liable on any warranty made in any conveyance of property lawfully sold, unless the trustee expresses an intention to be personally bound ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-210

As used in this article, the term: (1) 'Income beneficiary' means the person to whom income is presently payable or for whom it is accumulated ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-211

(a) In allocating receipts and disbursements to or between principal and income and with respect to any matter within the scope of this chapter, the following shall apply: ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-212

(a) Income is the return in money or property derived from the use of principal, including but not limited to return received as: (1) Rent ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-213

(a) An income beneficiary is entitled to income from the date specified in the trust or, if none is specified, from the date an asset becomes subject to ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-214

(a) Corporate distributions of shares of the distributing corporation, including distributions in the form of a stock split or stock dividend, are principal. A right to subscribe to ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-215

(a) Bonds or other obligations for the payment of money are principal at their inventory value, except as provided in subsection (b) of this Code section for discount ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-216

If a trustee uses any part of the principal in the operation of a business, including an agricultural or farming operation, the net profits and losses of the ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-217

(a) If any part of the principal consists of a right to receive royalties, overriding or limited royalties, working interests, production payments, net profit interests, or other interests ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-218

If any part of the principal consists of land from which merchantable timber may be removed, the receipts from taking the timber from the land shall be allocated ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-219

(a) The following charges shall be made against income: (1) Ordinary expenses incurred in connection with the administration, management, or preservation of the trust property, ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-220

(a) Subject to subsections (c) and (f) of this Code section, a trustee may adjust between principal and income by allocating an amount of income to principal or ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-221

(a) Unless expressly prohibited by the governing instrument, a trustee may release the power to adjust under Code Section 53-12-220 and convert a trust into a unitrust as ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-222

(a) A court shall not change a trusteés decision to exercise or not to exercise a discretionary power conferred by this chapter unless it determines that the decision ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-230

As used in this article, the term 'fiduciary' means the one or more executors of the estate of a decedent or the one or more trustees of a ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-231

(a) By an expressed intention of the testator or settlor contained in a will or in an instrument in writing whereby a trust estate is created inter vivos, ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-232

The following powers may be incorporated by reference, as provided by this article: (1) To retain for such time as the fiduciary shall deem advisable any ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-233

The enumeration in this article of any power or authority of a fiduciary shall not create a presumption or raise an inference that the power or authority is ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-234

The beneficiaries of a trust executed after July 1, 1991, which omits any of the powers in Code Section 53-12-232 may, unless the trust expressly prohibits it, by ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-250

Trustees are authorized, out of the income of the estate, to pay all debts incurred for its protection and preservation and to appropriate a sufficiency of the balance ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-251

Trustees may make contracts for labor or service for the benefit of the estates of their beneficiaries, upon such terms as they deem best. All such contracts, made ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-252

As used in Code Sections 53-12-253 through 53-12-257, the term: (1) 'Trust' includes the estate held by an executor, administrator, guardian, or trustee. ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-253

When the assets of a trust include an interest in real property, the trustee may apply to the superior court for an order authorizing him to lease the ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-254

Notice of all applications made pursuant to Code Section 53-12-253 shall be given to all of the living beneficiaries of the trust in such manner as may be ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-255

It shall be the duty of the superior court to hear evidence that may be tendered by the trustee. If the court is satisfied from the proceedings that ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-256

A lease, the execution of which has been approved by an order of the superior court on an application made pursuant to Code Section 53-12-253, shall be binding ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-257

A trustee, unless expressly authorized by the instrument creating the trust, shall have no authority to sell or convey the corpus of the trust estate. Such sales shall ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-258

Where a trust deed or other instrument limits an estate in fee, for life, or with remainders over and in the same conveyance a power to sell, encumber, ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-259

Sales by trustees, unless otherwise provided in the order of the court authorizing a sale, shall be made under the same rules and restrictions as are provided for ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-260

(a) In all cases where a judge by order or by decree based on the verdict of a jury allows any trust property to be sold, it shall ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-261

If any trustee making a sale as provided in Code Section 53-12-260 fails, neglects, or refuses to make the report and reinvestment provided for in such Code section, ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-262

Purchasers shall not be required to see to a reinvestment of any proceeds of sales made pursuant to Code Section 53-12-260. However, guardians ad litem and all other ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-263

All persons acting in a fiduciary capacity are authorized to compromise all debts, the collection of which are doubtful, belonging to their estates when such settlements will advance ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-264

Trustees are not authorized to create any liens upon the trust estate except such as are given by law. ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-265

(a) Due to the inherent conflict of interest that exists between a trustee who is a beneficiary and other beneficiaries of the trust, unless the terms of a ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-280

Any trustee holding trust funds may invest the same in bonds or other securities issued by this state, making a true return of the price paid and time ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-281

Trustees may invest trust funds in bonds and other securities issued by this state bearing a lower rate of interest than 7 percent per annum and shall, in ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-282

(a) Trustees are authorized to invest trust funds in any bonds issued by any county or municipality of this state which have been validated as required by law ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-283

Trustees are authorized to invest any funds held by them as such trustees in real property, provided that an order to that effect shall first be obtained from ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-284

In addition to all other investments which executors, administrators, guardians, trustees, custodians, and other like fiduciaries holding trust funds are authorized by statute to make, they may also ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-285

Loans guaranteed by the Small Business Administration, but only the guaranteed portion of any loan transferable to secondary investors by the Small Business Administration under a secondary participation ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-286

Farm loan bonds issued by federal land banks or joint-stock land banks under an act of Congress approved July 17, 1916, known as the Federal Farm Loan Act, ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-287

(a) As used in this Code section, the terms 'property' and 'investment' shall be deemed to include life insurance, endowment, and annuity contracts issued by any insurer authorized ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-288

(a) Unless otherwise provided in the fiduciary instrument, trustees are authorized to retain the property received by them on the creation of the trust, including, in the case ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-289

(a) Whenever by law or by an instrument or court order establishing a fiduciary relationship a trustee is authorized, permitted, required, or directed to invest funds in direct ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-290

(a) A trustee may delegate investment and management functions that a prudent trustee of comparable skills could properly delegate under the circumstances. The trustee shall exercise reasonable care, ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-300

Whenever a bank or trust company is duly authorized to act and is acting as a fiduciary, which term shall include an executor, administrator, trustee, or guardian, and ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-301

If two or more fiduciaries are acting jointly in reference to any securities, it shall be lawful to register the property in the name of any nominee or ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-302

(a) Any fiduciary holding securities in its fiduciary capacity, any bank or trust company holding securities as a custodian or managing agent, and any bank or trust company ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-320 through 53-12-330

Reserved. ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-350

Any trustee who resides outside this state and who has been regularly appointed as trustee in the state in which he resides may institute an action in any ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-351

Pending the action brought by a foreign trustee pursuant to Code Section 53-12-350, properly authenticated certified copies of the letters of appointment as trustee shall be filed with ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-352

No foreign trustee shall be personally liable by any warranty made in any conveyance of property lawfully sold unless the trustee distinctly expresses an intention in the conveyance ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-353

Any trustee who resides in any other state is authorized to sell and convey any trust property which is in this state under the rules prescribed for the ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-354

If any resident of this state is interested as creditor, heir, or legatee in the estate of which a foreign trustee is the representative, he may apply to ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-370

Any foreign trustee of real property in this state who holds, administers, or in any manner exercises dominion over real property shall be deemed to have consented to ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-371

If a foreign trustee of real property in this state fails to designate some person or persons who may be found and served with notice, summons, or process ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-372

(a) All actions brought against a nonresident trustee of real property in this state shall be brought in the county where the real property or some portion of ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-373

All foreign trustees of real property in this state shall be subject to removal, to giving bond, and to direction by the superior court of any county in ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-374

It shall be unlawful for any nonresident trustee who has failed to comply with this part to exercise any control or dominion over any real property in this ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-375

This part shall not be construed to authorize any nonresident to act as trustee in this state if he could not lawfully so act prior to February 24, ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-376

This part is cumulative of any other law of this state on the same general subject. ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-390

As used in this part, the term 'foreign corporation' means: (1) Any financial institution whose deposits are federally insured which is organized or existing under ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-391

(a) Any foreign corporation, as defined in Code Section 53-12-390, may act in this state as trustee, executor, administrator, guardian, or any other like or similar fiduciary capacity, ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-392

A foreign corporation, insofar as it acts in a fiduciary capacity in this state pursuant to this part, shall not be deemed to be transacting business in this ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-393

Prior to the time when any foreign corporation acts pursuant to the authority of this part in any fiduciary capacity or capacities in this state, the foreign corporation ...

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-12-394

(a) Every foreign corporation acting in a fiduciary capacity in this state pursuant to the terms of this part shall be deemed to have appointed the Secretary of ...

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Last modified: April 26, 2006