O.C.G.A.
O.C.G.A.

O.C.G.A. § 53-12-152 (2019)

Filing of deeds and amendments thereto; filing of copies with Secretary of State

✓ 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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(a) The deed creating a trust estate as provided in Code Section 53-12-151 shall, within 30 days of the execution thereof, be filed by the trustee in the office of the clerk of the superior court of the county in which the principal office of the trust is located. The trustee shall concurrently pay to the clerk the fee prescribed in Code Section 15-6-77. Upon the deed being filed with the clerk and the fees being paid, the clerk shall deliver to the trustee or his or her attorney two certified

copies of the deed, the filing of the clerk thereon, and a receipt for the costs which have been paid to the clerk. (b) Upon receiving the two certified copies of the deed, the trustee or his or her attorney shall present the same to the Secretary of State and shall pay $5.00 to the Secretary of State. The Secretary of State shall thereupon attach to one of the certified copies of the deed a certificate in substantially the following form: STATE OF GEORGIA OFFICE OF THE SECRETARY OF STATE This is to certify that a copy of the attached certified copy of a deed, declaration, or agreement of trust dated , by and between as settlor(s) and as trustee(s), which states that the trustee(s) may use the name of , has been duly filed in the office of the Secretary of State and the fees paid therefor, as provided by law. WITNESS

my hand and , .

official

seal

this

day

of

Secretary of State (c) The certified copy of the deed, together with the certificate of the Secretary of State thereon, shall be received as evidence in any court or proceeding as evidence of the existence of the trust and of its nature, terms, and conditions. (d) The Secretary of State, at any time, upon the request of any person, shall make and certify additional copies of the deed, filing of the clerk, and certificate of the Secretary of State, upon payment to him or her of a fee of $1.00, plus 10¢ per 100 words for copying, and the additional certified copies shall be likewise admitted in evidence with like force and effect. (e) Any amendment of a deed shall be filed with the clerk of the superior court and the Secretary of State in the same manner and under the same conditions required in the filing of the original deed, and the fees payable upon the filing shall be computed as if the filing were of an original deed.

History

Code 1981, § 53-12-152, enacted by Ga. L. 2010, p. 579, § 1/SB 131.

Annotations

RESEARCH REFERENCES C.J.S. - 26A C.J.S., Deeds, § 155.

Notes of Decisions
Cited in 4 cases, 1996–2004 · leading case: Ivey v. Ivey, 465 S.E.2d 434 (Ga. 1996).
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Ivey v. Ivey, 465 S.E.2d 434 (Ga. 1996). · cites it 10× “OCGA § 53-12-152 (a) (1) authorizes the termination of a trust if the costs of its administration are such as to defeat or substantially impair its purposes.”
Ovrevik v. Ovrevik, 527 S.E.2d 586 (Ga. Ct. App. 2000). · cites it 6× “OCGA § 53-12-152 (a); 4. In his fifth assertion of error, Glenn Ovrevik contends that the order directing the distribution of the Trust property under OCGA § 53-12-152 (a) is incorrect with respect to the Douglas County property because the order did not conform to the Settlors’…”
Adams v. Gay, 606 S.E.2d 26 (Ga. Ct. App. 2004). · cites it 6× “Adams also contends that there is a question of fact as to whether the irrevocable trust should be invalidated under OCGA § 53-12-152 (a) (3), which provides that trust property can be distributed where the existence of unanticipated circumstances would defeat or substantially…”
Barnes v. NationsBank, N.A., 476 S.E.2d 563 (Ga. 1996). · cites it 4× “Barnes IV and Howard opposed the proposed disbursement, on the ground that it was excessive and would deplete the trust’s assets. Trustee sought a declaratory judgment as to whether it could make the proposed distribution to Barnes III or, alternatively, divide the trust between…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.