O.C.G.A.

O.C.G.A. § 53-11-11 (2019)

Authentication or exemplification of document

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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Whenever it is required that a document to be filed in the probate court be authenticated or exemplified, such requirement shall be met by complying with the provisions of Code Section 24-9-922 and such full faith and credit shall be given to the document as is provided in that Code section.

History

Code 1981, § 53-11-11, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 2011, p. 99, § 100/HB 24; Ga. L. 2015, p. 5, § 53/HB 90.

Annotations

Editor’s notes. - Ga. L. 2011, p. 99, § 101/HB 24, not codified by the General Assembly, provides that this Act shall ap-

ply to any motion made or hearing or trial commenced on or after January 1, 2013.

Law reviews. - For article, ‘‘Evidence,’’ see 27 Ga. St. U. L. Rev. 1 (2011). For article on the 2011 amendment of this Code section, see 28 Ga. St. U. L. Rev. 1 (2011).

CHAPTER 12 TRUSTS Sec.

Article 1 General Provisions Sec.

Short title; effect on existing trusts. Definitions. Survival of common law and equity. Law governing the validity of the trust. Law governing the meaning and effect of trust provisions. Jurisdiction. When trust and chapter conflict. Notice to person permitted to bind another person; consent on behalf of another person; representation of others. Binding nonjudicial settlement agreement.

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

Article 2

Creation and Validity of Express Trusts

Express trusts. Formal and precatory words. Trust purposes and conditions in terrorem. Capacity of settlor. Non-merger. Transfer of property in trust. Additions to trust property. Construction; parol evidence. Trusts for animals.

Spendthrift Provisions and Creditors’ Rights and Claims

Revocation and modification generally. Trustee’s consent necessary to enlarge duties. Notice to trustee. Power of agent or conservator to revoke trust. Trust not revocable because life estate holder has reversion.

Reformation to correct mistakes. Power to direct modification or termination; petition to modify or terminate irrevocable trust; proceeding to approve proposed modification or termination; distribution of trust property under order for termination; waiver of notice. Power of trustee to invade principal of original trust. Division and consolidation of trusts [Repealed]. Termination of trusts [Repealed]. Modification or termination of uneconomic trust. Article 5

Article 3 Revocable Trusts

Limitation on action contesting validity of revocable trust.

Spendthrift provisions. Limitations on creditors’ rights to discretionary distributions. Rules for trusts; consideration of assets of an inter vivos marital trust following death. Creditors’ claims against property that is subject to withdrawal right. Article 6

Testamentary Additions to Trusts PART 1 TESTAMENTARY ADDITIONS TO TRUSTS