O.C.G.A.

O.C.G.A. § 53-12-231 (2019)

Final accounting

✓ 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) If the trustee resigns, is removed, or dies or upon the termination of the trust, a beneficiary or the successor trustee may petition the court to require the trustee or the trustee’s personal representative to appear before the court for a final accounting. Alternatively, the trustee or the trustee’s personal representative may petition the court to approve a final accounting relieving the trustee from liability for the period covered by the final accounting. The settlement period shall begin from the acceptance of the trusteeship by the trustee or the end of the period covered by the last interim accounting.

(b) The petition shall set forth:

(1) The name and address of the trustee;

(2) The beneficiaries of the trust, specifying any beneficiary believed to be in need of a guardian ad litem;

(3) The period which the accounting covers; and

(4) If the petition is filed by the trustee or the trustee’s personal representative, the petition shall also include the information required to be filed by trustees in conjunction with the approval of an interim accounting as set forth in subsection (b) of Code Section

(c) The petition shall be served on the beneficiaries, the trustee, the trustee’s personal representative, if any, and the surety on the trustee’s bond, if any.

(d) Upon review of the trustee’s final accounting and after considering any objections thereto and any evidence presented, the court may approve the final accounting or enter judgment granting appropriate relief. If no objection to the petition is filed within the time allowed by law after service, or if the parties consent, the petition may be approved without notice, hearing, or further proceedings. The final judgment of the court shall be binding on all parties.

(e) Costs and expenses, including reasonable attorney’s fees of the trustee, shall be taxed against the trust, unless otherwise directed by the court.

History

Code 1981, § 53-12-231, enacted by Ga. L. 2010, p. 579, § 1/SB 131.

Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2023–2023 · leading case: William E. Callaway, Jr. v. Lucinda Durham Willard (Ga. Ct. App. 2023).
William E. Callaway, Jr. v. Lucinda Durham Willard (Ga. Ct. App. 2023). · cites it 2× “However, here the trial court entered its order pursuant to OCGA § 53-12-231 (d), which allows a court in an accounting action to “enter judgment granting appropriate relief.”
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.