O.C.G.A.

O.C.G.A. § 53-13-40 (2019)

Construction with federal provisions

✓ 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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This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but shall not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b).

History

Code 1981, § 53-13-40, enacted by Ga. L. 2018, p. 1089, § 1/SB 301; Ga. L. 2019, p. 1056, § 53/SB 52. The 2019 amendment, effective May

12, 2019, part of an Act to revise, modernize, and correct the Code, revised punctuation in this Code section.

CHAPTER 14 TESTAMENTARY ADDITIONS TO TRUSTS 53-14-1 through 53-14-5. Repealed by Ga. L. 1991, p. 810, § 1, effective July 1, 1991.

Annotations

Editor’s notes. - This chapter, pertaining to testamentary additions to trust, consisting of Code Sections 53-14-1 to 53-14-5, was based on Ga. L. 1968, p.

1068, §§ 1-5 and Ga. L. 1981, Ex. Sess., p. 8. For present law on testamentary additions to trust, see Chapter 12 of Title 53.

CHAPTER 15 INCORPORATION OF FIDUCIARY POWERS BY REFERENCE 53-15-1 through 53-15-4. Repealed by Ga. L. 1991, p. 810, § 1, effective July 1, 1991. Editor’s notes. - This chapter, pertaining to incorporation of fiduciary powers by reference, consisting of Code Sections 53-15-1 to 53-15-4, was based on Ga. L. 1973, p. 846, §§ 2, 4; Ga. L. 1976, p. 1586, § 2; Ga. L. 1981, Ex. Sess., p. 8; Ga.

L. 1982, p. 3, § 53; Ga. L. 1983, p. 3, § 42; Ga. L. 1984, p. 22, § 53; Ga. L. 1990, p. 667, § 3. For present law on incorporation of fiduciary powers by reference, see Chapter 12 of Title 53.

CHAPTER 16 FOREIGN CORPORATION FIDUCIARIES 53-16-1 through 53-16-5. Repealed by Ga. L. 1991, p. 810, § 1, effective July 1, 1991. Editor’s notes. - This chapter, pertaining to foreign corporation fiduciaries, consisting of Code Sections 53-16-1 to 53-16-5, was based on Ga. L. 1957, p. 278, § 5; Ga. L. 1959, p. 174, § 1; Ga. L. 1965,

p. 276, § 1; Ga. L. 1981, Ex. Sess., p. 8; Ga. L. 1983, p. 1474, § 8; Ga. L. 1984, p. 22, § 53. For present law on foreign corporation fiduciaries, see Chapter 12 of Title 53.

CHAPTER 17 UNIFORM ACT FOR SIMPLIFICATION OF FIDUCIARY SECURITY TRANSFERS 53-17-1 through 53-17-11. Repealed by Ga. L. 1991, p. 810, § 1, effective July 1, 1991. Editor’s notes. - This chapter, pertaining to the Uniform Act for Simplification of Fiduciary Security Transfers, consisting of Code Sections 53-17-1 to

53-17-11, was based on Ga. L. 1960, p. 827, §§ 1-10 and Ga. L. 1981, Ex. Sess., p. 8.

Index ACCOUNTS AND ACCOUNTING - Cont’d Trustees - Cont’d Breach of trust. Remedy, §53-12-301. Business or other activities. Separate accounting, §53-12-412. Equitable accounting, §53-12-232. Final accounting, §53-12-231. Interim accounting, §53-12-230.

A ABANDONMENT. Boats. Abandoned vessels, §§52-7-70 to Vessels. Abandoned vessels, §§52-7-70 to ACCIDENTS. Boating accidents, §§52-7-12 to 52-7-15, 52-7-25. Blood tests for drugs, §52-7-12. Duties of operators involved in, §52-7-14. Good Samaritan clause, §52-7-14. Investigation of accidents, §52-7-25. Medical facilities, reports to and by, §52-7-14. Reports, §52-7-14. Definition of reportable boating accident, §52-7-3. Federal officials and agencies. Furnishing information to, §52-7-15. Stopping, boarding and detaining vessels involved. Officer empowered to enforce provision, §52-7-14. Reports. Boating accidents, §52-7-14. Definition of reportable boating accident, §52-7-3. Federal officials and agencies. Furnishing information to, §52-7-15. ACCOUNTS AND ACCOUNTING. Decedents’ estates. Settlement of accounts. General provisions, §§53-7-60 to Executors and administrators. Actions against personal representatives. Failure to settle and account with heir or beneficiary, §53-7-19. Notice for creditors to render accounts, §53-7-41. Trustees, §§53-12-230 to 53-12-232. Beneficiaries of irrevocable trust. Trustee’s duty, §53-12-243.

ACTIONS. Breach of trust, §§53-12-301 to Charitable trusts. Enforcement of trust, §53-12-175. Rights of beneficiaries, §53-12-174. Descent and distribution. Dispensing with administration. Action by creditor, §53-2-42. Executors and administrators. Actions against, §§53-7-10 to 53-7-23, Breach of fiduciary duty. Damages, injunctions, etc, actions for, §53-7-54. County administrators. Petition for appointment for purpose of commencing or continuing action against estate, §53-6-40. In terrorem conditions to prevent action against personal representatives, unenforceable, §53-4-68. Pilots and pilotage. Action on bonds of pilots, §52-6-35. Board of pilotage commissioners. Recovery of forfeitures, §52-6-6. Trusts. Breach of trust, §§53-12-301 to By or against trustee. Bond to secure performance, §53-12-203. Breach of trust, §§53-12-301 to Deed to acquire beneficial interest in property. Enforcement of claims against estate by action against trustee, §53-12-154.

INDEX ACTIONS - Cont’d Trusts - Cont’d By or against trustee - Cont’d Sounding at law filed in court of law, §53-12-6. Venue, §53-12-6. Deed to acquire beneficial interest in property. Enforcement of claims against estate by action against trustee, §53-12-154. Charitable trusts. Enforcement of trust, §53-12-175. Rights of beneficiaries, §53-12-174. Compromise, adjust, mediate, arbitrate. settle claims and actions. Powers of trustees, §53-12-261. Contest of validity of trust. Trust revocable by settlor before settlor’s death. Statute of limitations, §53-12-45. Costs and expenses of proceedings. Disbursement from principal, §53-12-451. Disbursements from income, §53-12-450. Deed to acquire beneficial interest in property. Enforcement of claims against estate by action against trustee, venue, §53-12-154. Petition, proceedings by. Appointment of trustees, §53-12-201. Compensation of trustee. Greater than amount allowed, §53-12-212. Final accounting. Death, resignation, removal of trustee, termination of trust, §53-12-231. Interim accounting relieving trustee from liability, §53-12-230. Reformation of trust, §53-12-60. Removal of trustee, §53-12-221. Resignation of trustee, §53-12-220. Superior courts. Actions maintained in, §53-12-6. Wills. Interpretation or enforcement of will. In terrorem conditions to prevent, unenforceable, §53-4-68.

ADEMPTION. Testamentary gifts. Specific testamentary gift, §53-4-66. ADMINISTRATION OF ESTATES. Executors and administrators generally, §§53-6-1 to 53-7-78. Investments by personal representatives, §§53-8-1 to Missing persons and persons believed to be dead, §§53-9-1 to 53-9-8, 53-9-20. Probate court proceedings, §§53-11-1 to 53-11-11. Sale or conveyance of property by personal representative, §§53-8-10 to 53-8-15. Simultaneous death, §§53-10-2 to ADMINISTRATIVE PROCEDURE. Boats and other watercraft. Suspension of operating privilege, §52-7-12.7. ADMINISTRATORS AND PERSONAL REPRESENTATIVES. General provisions, §§53-6-1 to ADOPTION. Descent and distribution. Status of adoptive parents and relatives, §53-1-8. Intestate succession. Status of adoptive parents and relatives, §53-1-8. Wills. Effect of adoption of child by testator. Revocation, §53-4-48. ADVANCEMENTS, §§53-1-10 to Consideration when computing distribution of transferor’s estate, §53-1-13. Hotchpot, §53-1-12. Lifetime transfers, §53-1-10. Manner of taking into account, §53-1-12. Valuation, §53-1-11.

INDEX AEROSOLS. Boats and other watercraft. Operation of boats while under influence of glue, aerosol or toxic vapor, §52-7-12. AFFIDAVITS. Navigation companies. Petition for incorporation. Attachment of affidavit of incorporators, §52-5-2. Stock and stockholders. Increase of capital stock. Affidavit to be filed along with petition, §52-5-10. Probate courts. Authority to take affidavit, §53-11-7. Wills. Self-proved will or codicil, §53-4-24. AFFIRMATIONS. Probate court proceedings. Authority to administer affirmation, §53-11-7. AFTER-ACQUIRED PROPERTY. Wills. Passing of property under will, §53-4-72. AFTER-BORN CHILDREN. Considered children in being at decedent’s death, §53-2-1. Wills. Revocation, §53-4-48. AGE. Boats and other watercraft. Operating personal watercraft, §52-7-8.2. Personal watercraft. Operating, §52-7-8.2. AGED PERSONS. Wills. Testamentary capacity, §53-4-11. AGENTS. Trusts and trustees. Delegation of investment and management functions by trustee. Reasonable care, skill, caution in selecting agent, §53-12-345. Representation and binding of other persons. Principal, §53-12-8. AGRICULTURE. Trusts. Continuance of farming operation. Trustee’s powers, §53-12-261.

ALCOHOLIC BEVERAGES. Aquaplanes. Operation while under influence of alcohol, §52-7-12.1. Boats and other watercraft. Alcohol concentration. Defined, §52-7-3. Operation of vessels while under influence of alcohol, §52-7-12. Certificate of inspection of breath-testing instruments, §52-7-12.5. Operating watercraft when privilege suspended, §52-7-12.6. Ordering tests, implied consent, §52-7-12.5. Reinstatement of operating privilege, §52-7-12.6. Release on unsecured judicial release prohibited, §52-7-26. Suspension of operating privilege, §52-7-12.5. Terms and conditions, §52-7-12.6. Surfboards. Operation while under influence of alcohol, §52-7-12.1. Water skis. Operation while under the influence of alcohol, §52-7-12.1. Zero tolerance law. Person under age of 21 operating motor vehicle, §52-7-12. ALIMONY. Spendthrift provisions in trusts. Validity as to claims, §53-12-80. Trusts. Spendthrift provisions. Validity as to claims, §53-12-80. ALLATOONA LAKE. Protected fresh waters. Discharge of sewage from vessels. Prohibited, §52-7-8.1. ANCESTRY. Trusts and trustees. Representation and binding of other persons. Ancestors, minor of ancestor or unborn descendants, §53-12-8. ANCHORED VESSELS. Personal watercraft. Speed restrictions when operating within 100 feet of anchored vessel, §52-7-8.2.

INDEX ANCHORED VESSELS - Cont’d Speed restrictions on vessels operating within certain distance, §52-7-18. ANCHORS. Vessels at anchor. Lights, §52-7-11. ANCILLARY PROCEEDINGS, §§53-5-30 to 53-5-41. Application to protect interest in property, §53-5-44. Definitions, §53-5-30. Executors or administrators. Foreign or out-of-state will admitted to ancillary probate. Qualifications upon admission, §53-5-37. Foreign personal representatives, §§53-5-42 to 53-5-47. Intestate nondomiciliary owning real property in state. Appointment of administrator for estate in this state, §53-5-39. Notice given by ancillary personal representative, §53-5-40. Subject to laws and court orders of this state, §53-5-41. Foreign personal representatives, §§53-5-42 to 53-5-47. Binding effect of adjudication as personal property, §53-5-47. Copy of letters or like documentation evidence of authority, §53-5-43. Deeds executed or delivered. Copy of letters and will attached as exhibit, §53-5-43. Evidence of authority, §53-5-43. Jurisdiction of courts of state, §53-5-45. Powers when ancillary probate or administration not granted or pending, §53-5-42. Service of process on, §53-5-46. Suspension of authority. Filing petition for ancillary probate or administration, §53-5-42. Third parties dealing with representative, protection, §53-5-43. Wills, powers when acting pursuant to, §53-5-42. Intestate nondomiciliary owning real property in state. Appointment of administrator of estate in this state, §53-5-39.

ANCILLARY PROCEEDINGS - Cont’d Intestate nondomiciliary owning real property in state - Cont’d Distribution, §53-5-38. Nondomiciliary defined, §53-5-30. Laws and court orders of this state. Ancillary administrator subject to, §53-5-41. Notice given by ancillary personal representative, §53-5-40. Petition for ancillary probate or administration. Protection of interest in property, §53-5-44. Probate of foreign or out-of-state will, §§53-5-31 to 53-5-37. Admission to probate. Ancillary probate, §§53-5-33, Effect, §53-5-32. Requisites, §53-5-31. Ancillary probate, admission to. Effect, §53-5-34. Qualifications of executor or administrator, §53-5-37. Requisites, §53-5-33. Effect of admission to probate, §53-5-32. Executors or administrators. Qualifications upon admission of will to ancillary probate, §53-5-37. Foreign or out-of-state will defined, §53-5-30. Jurisdiction of probate court, §53-5-36. Muniments of title for transfer and conveyance of real property. Wills probated or established in another state, §53-5-35. Probate court jurisdiction, §53-5-36. Requisites for admission, §53-5-31. Protection of person’s interest in property, §53-5-44. ANIMALS. Trust created to provide for care, §53-12-28. Enforcement, §53-12-28. Person appointed to enforce trust, §53-12-28. Termination. Death of animal, §53-12-28. Transfer of unexpended property, §53-12-28. Unexpended property. Transfer on termination, order of transfer, §53-12-28.

INDEX ARREST - Cont’d Pilots and pilotage. Conducting or piloting vessel arrested under court process. Revocation of license, §52-6-36.

ANNUITIES. Principal and income act. Allocation of payments, §53-12-425. ANNULMENT OF MARRIAGE. Wills. Effect, revocation, §53-4-49. APPEALS. Executors and administrators. Sale or conveyance of property, §53-8-13. Settlement of accounts, §53-7-62. Intermediate reports, §53-7-74. Pilots and pilotage. Board of pilotage commissioners. Appeal from board to superior court, §§52-6-42, 52-6-43. APPEARANCES. Executors and administrators. Settlement of accounts, §53-7-62. AQUAPLANES. Endangering child. Person towing child on aquaplane while under influence of alcohol or drugs, §52-7-12. Operation while under influence of alcohol or drugs, §52-7-12.1. Person under age of 21 in physical control, §52-7-12. Reckless or negligent operation, §52-7-12.1. Speed restrictions on vessels towing within certain area, §52-7-18. Towing persons on aquaplanes. Restrictions, §52-7-16. AQUEDUCTS. Companies’ power to construct, §52-4-8. ARMED FORCES. Missing persons and persons believed to be dead. Administration of estates, §§53-9-1 to 53-9-8, 53-9-20. Conservators of estates, §§53-9-10 to 53-9-16, 53-9-21. ARREST. Boats and other watercraft. Powers of enforcement officers, §52-7-25. Georgia ports authority peace officers, §52-2-10. Law enforcement officers. Georgia ports authority peace officers, §52-2-10.

ARTICLES OF INCORPORATION. Private foundations. Automatic amendment, §§53-12-180 to ARTIFICIAL INSEMINATION. Descent and distribution. Children conceived by artificial insemination, §53-2-5. ATTACHMENT. Boats and other watercraft. Discharge of substances dangerous to navigation or property. Attachment and replevy of vessels, §52-8-3. Pilots and pilotage. Board of pilotage commissioners. Subpoenas. Witness failing to answer, §52-6-40. ATTESTATION. Descent and distribution. Inheritance from children born out of wedlock. Sworn statement of father acknowledging parent-child relationship, §53-2-4. ATTORNEY GENERAL. Charitable trusts. Rights of beneficiaries. Representation of beneficiaries and state, §53-12-174. River development. Projects for improving river channels. Approval of contracts or agreements, §52-9-2. Trusts. Charitable trusts. Rights of beneficiaries. Representation of beneficiaries and state, §53-12-174. ATTORNEY-IN-FACT. Renouncing succession. Persons who may renounce, §53-1-20. ATTORNEYS. Executors and administrators. Powers and duties of personal representatives, §53-7-6.

INDEX ATTORNEYS’ FEES. Breach of trust, §53-12-302. Probate of wills. Recovery of expenses, §53-5-26. Trusts. Breach of trust, §53-12-302. Disbursement from principal, §53-12-451. Disbursements from income, §53-12-450. Final accounting. Death, resignation, removal of trustee, termination of trust, §53-12-231. Interim accounting relieving trustee from liability. Petition, §53-12-230. AUCTIONS. Navigation companies. Stock and stockholders. Subscription for capital stock. Auction sale of stock upon default by subscriber, §52-5-8. AUNTS. Descent and distribution. Inheritance rules, §53-2-1. AUTHORITIES. Georgia ports authority. General provisions, §§52-2-1 to B BAIL AND RECOGNIZANCE. Boats and other watercraft. Interstate boating violator compact, §52-7-30. Release on unsecured judicial release prohibited, certain charges, §52-7-26. Unsecured judicial release (release on own recognizance). Boats and other watercraft. Certain boating-related offenses, prohibition on unsecured judicial release, §52-7-26. BALLAST. Throwing into navigable waters, §§52-8-1, 52-8-2. BANKS AND TRUST COMPANIES. Executors and administrators. Bonds, surety, §53-6-50.

BANKS AND TRUST COMPANIES - Cont’d Executors and administrators - Cont’d Foreign entities acting in fiduciary capacity, §§53-12-320 to Investing in company or trust accepting services from bank or trust company, §53-8-1. Fiduciaries. Deposit of securities in clearing corporation, §53-12-292. Foreign entities acting in fiduciary capacity, §§53-12-320 to Securities register in name of nominee, §§53-12-290, 53-12-291. Foreign entities acting in fiduciary capacity, §§53-12-320 to 53-12-323. Guardians. Foreign entities acting in fiduciary capacity, §§53-12-320 to Investment company or investment trust. Acquisition and retention of securities of company or trust to whom services provided, §53-12-340. Securities. Holding in fiduciary capacity. Deposit of securities in clearing corporation, §53-12-292. Registration in name of nominee, §§53-12-290, 53-12-291. Investment company or investment trust. Acquisition and retention of securities of company or trust to whom services provided, §53-12-340. Trustees. Foreign entities acting in fiduciary capacity, §§53-12-320 to Investment company or investment trust. Acquisition and retention of securities of company or trust to whom services provided, §53-12-340. BEACHES. Beach replenishment. Sand originating from dredging navigation channels, §52-9-2.

INDEX BEACHES - Cont’d Boats and other watercraft. Speed restrictions when operating adjacent to public beach, §52-7-18. Personal watercraft. Speed restrictions when operating close to, §52-7-8.2. BENEFICIAL INTEREST IN PROPERTY. Deed to acquire, §§53-12-150 to BEST EVIDENCE RULE. Executors and administrators. Settlement of accounts. Lost originals of final receipts, §53-7-65. BLOOD TESTS. Boats and other watercraft. Operation while under influence of alcohol or drugs, §52-7-12. Administration of tests, §52-7-12.5. Certification of breath-testing instrument, §52-7-12.5. Implied consent, §52-7-12.5. BOAT DOCKS. Boat speed restrictions, §52-7-14. Georgia ports authority. General provisions, §§52-2-1 to Personal watercraft. Speed restrictions when operating close to, §52-7-8.2. BOATHOUSES. Boat speed restrictions, §52-7-14. Personal watercraft. Speed restrictions when operating close to, §52-7-8.2. BOAT SAFETY ACT. General provisions, §§52-7-1 to Short title, §52-7-1. BOATS AND OTHER WATERCRAFT, §§52-7-1 to 52-7-77. Abandoned vessels, §§52-7-70 to Definitions, §52-7-70. Lien on vessel, §52-7-73. Foreclosure, §§52-7-73 to 52-7-77. Notice of removal, §52-7-71. False information, §52-7-71. Peace officers, §52-7-72. Penalty for failing to remove unattended vessel, §52-7-72.1.

BOATS AND OTHER WATERCRAFT - Cont’d Abandoned vessels - Cont’d Notice to department of abandonment by owner, §52-7-5. Penalty for failing to remove unattended vessel, §52-7-72.1. Removal, §52-7-71. Lien on vessel, §52-7-73. Foreclosure, §§52-7-73 to 52-7-77. Notice, §52-7-71. False information, §52-7-71. Peace officers, §52-7-72. Penalty for failing to remove unattended vessel, §52-7-72.1. Peace officers. Powers and duties, §52-7-72. Storage, §52-7-71. Accidents. Blood tests for drugs, §52-7-12. Duties of operators involved in, §52-7-14. Good Samaritan clause, §52-7-14. Investigation of accidents. Powers of enforcement officers, §52-7-25. Medical facilities, reports to and by, §52-7-14. Reports, §52-7-14. Definition of reportable boating accident, §52-7-3. Federal officials and agencies. Furnishing information to, §52-7-15. Stopping, boarding and detaining vessel involved. Officers empowered to enforce provision, §52-7-14. Age for operating personal watercraft, §52-7-8.2. Age for operation, §52-7-8.3. Aids to navigation. Defined, §52-7-20. Prohibited acts to, §52-7-20. Alcoholic beverages. Alcohol concentration. Defined, §52-7-3. Operation of vessels while under influence of alcohol, §52-7-12. Administering test, implied consent, §52-7-12.5. Release on unsecured judicial release prohibited, §52-7-26. Suspension of privilege, §§52-7-12.5,

INDEX BOATS AND OTHER WATERCRAFT - Cont’d Anchorage restriction areas, §52-7-8.4. Aquaplanes. Reckless or negligent operation, §52-7-12.1. Towing persons, §52-7-16. Arrest. Powers of enforcement officers, §52-7-25. Attachment. Discharge of substances dangerous to navigation or property. Attachment and replevy of vessels, §52-8-3. Bail and recognizance. Interstate boating violator compact, §52-7-30. Release on unsecured judicial release prohibited, certain charges, §52-7-26. Bends, points or other blind areas. Duty of vessel approaching, §52-7-18. Blood tests. Operation while under influence of alcohol or drugs, §52-7-12. Administration of tests, implied consent, §52-7-12.5. Certification of breath-testing equipment, §52-7-12.5. Board of natural resources. Definition of board, §52-7-3. Rules and regulations, §52-7-23. Capacity plates, §§52-7-47, 52-7-48. Boating education programs, §52-7-22. Boating safety zones, §52-7-13. Boat liveries. Defined, §52-7-3. Records, §52-7-9. Requirements, §52-7-9. Bonds, surety. Regattas, boat races, marine parades, tournaments and exhibitions, §52-7-19. Rules and regulations, §52-7-23. Bow of vessel. Riding prohibited, §52-7-17. Bull Sluice lake. Operation of certain vessels prohibited, §52-7-13. Capacity plates, §§52-7-40 to 52-7-51. Affixing. Alternative compliance if affixing deemed impracticable or undesirable, §52-7-46.

BOATS AND OTHER WATERCRAFT - Cont’d Capacity plates - Cont’d Affixing - Cont’d Person other than manufacturer, §52-7-44. Required, §52-7-41. Alternative compliance if affixing deemed impracticable or undesirable, §52-7-46. Applicability of article, §52-7-50. Contents, §52-7-42. Information to constitute warranty, §52-7-45. Definitions, §52-7-40. Determination of maximum capacity, §52-7-43. Effective date of article, §52-7-50. Exemptions from provisions, §§52-7-47, 52-7-49. Information on, §52-7-42. Effect as warranty, §52-7-45. Manufacturer. Defined, §52-7-40. Liability. Effect of affixing by person other than manufacturer, §52-7-44. Maximum capacity. Determination, §52-7-43. Personal use. Exemption of watercraft manufactured for, §52-7-49. Required, §52-7-41. Rules and regulations. Board of natural resources, §52-7-48. Exemption of watercraft, §52-7-47. Violation of provisions. Misdemeanors, §52-7-51. Warranty. Information on plate as, §52-7-45. Child endangerment. Person transporting child in watercraft while under influence of alcohol or drugs, §52-7-12. Release on unsecured judicial release prohibited, §52-7-26. Citation of act. Short title, §52-7-1. Citations issued by another state. Interstate boating violator compact, §§52-7-30, 52-7-31. Suspension of operating privilege, §52-7-12.7. Class A vessel. Age for operating, §52-7-8.3.

INDEX BOATS AND OTHER WATERCRAFT - Cont’d Classification of vessels, §52-7-8. Commissioner of natural resources. Definition of commissioner, §52-7-3. Comprehensive boating education programs, §52-7-22. Controlled substances. Operation of vessels while under influence of drugs, §52-7-12. Administration of tests, implied consent, §52-7-12.5. Release on unsecured judicial release prohibited, §52-7-26. Suspension of operating privilege, §§52-7-12.5, 52-7-12.6. Counterfeiting. Hull identification numbers, §52-7-7.5. Dealers. Defined, §52-7-3. Numbering of dealers’ vessels, §52-7-7. Decals. Display of decal on vessel, §52-7-5. Definitions, §§52-7-3, 52-7-20. Abandoned vessels, §52-7-70. Capacity plates, §52-7-40. Medical facility. Reporting boating accident, §52-7-14. Operation of watercraft, §52-7-8.3. Personal watercraft, §52-7-8.2. Department of natural resources. Comprehensive boating education programs, §52-7-22. Definition of department, §52-7-3. Enforcement of article. Primary responsibility, §52-7-25. Numbering of vessels generally, §§52-7-4 to 52-7-7.6. Destruction of vessel. Notice to department, §52-7-5. Discharge of sewage into estuarine areas, §52-7-8.4. Discharge of substances dangerous to navigation or property, §§52-8-1 to 52-8-5. Attachment and replevy of vessels, §52-8-3. Forfeitures, §52-8-1. Recovery, §52-8-3. Municipal corporations. Powers, §§52-8-4, 52-8-5. Pilots. Duty to report unlawful discharges, §52-8-2.

BOATS AND OTHER WATERCRAFT - Cont’d Drugs. Operation of boats while under influence of drugs, §52-7-12. Administration of tests, implied consent, §52-7-12.5. Release on unsecured judicial release prohibited, §52-7-26. Suspension of operating privilege, §§52-7-12.5, 52-7-12.6. Education programs. Comprehensive boating education programs, §52-7-22. Elba island. Boating safety zones for maritime and homeland security, §52-7-13. Endangering child. Person transporting child in watercraft while under influence of alcohol or drugs, §52-7-12. Release on unsecured judicial release prohibited, §52-7-26. Enforcement of article, §52-7-25. Equipment. Boat liveries. Required equipment as prerequisite to departure from, §52-7-9. Local regulations, §52-7-21. Required equipment, §52-7-8. Lights, §§52-7-8, 52-7-11. Fees. Marine toilets. Use on protected fresh waters. Application for certificate, §52-7-8.1. Numbering of vessels, §52-7-5. Dealers’ vessels, §52-7-7. Operation while under influence of alcohol or drugs. Reinstatement of operating privilege, restoration fee, §52-7-12.6. Feticide by vessel, §52-7-12.3. Release on unsecured judicial release prohibited, §52-7-26. Fire extinguishers and suppression systems. Required equipment, §52-7-8. Foreclosure, §§52-7-73 to 52-7-77. Affidavits, §52-7-74. Authorized, §52-7-73. Certificate of title. Issuance to purchaser at sale, §52-7-76.

INDEX BOATS AND OTHER WATERCRAFT - Cont’d Foreclosure - Cont’d Demand upon owner, §52-7-74. Hearings, §52-7-74. Procedure, §52-7-74. Proceeds of sale. Disposition of excess proceeds, §52-7-75. Payment of balance remaining after satisfaction of lien, §52-7-77. Sale. Certificate of title, §52-7-76. Disposition of excess proceeds, §52-7-75. Payment of remaining balance of proceeds after satisfaction of lien, §52-7-77. Public sale, §52-7-75. Forfeitures. Discharge of substances dangerous to navigation or property, §§52-8-1, Hull identification numbers. Forfeiture of vessels without HINs, §52-7-7.3. Goat Rock lake. Operation of certain vessels prohibited, §52-7-13. Good Samaritan Act. Collisions, accidents and other casualties, §52-7-14. Gunwale of vessel. Riding prohibited, §52-7-17. Hazardous areas. Defined, §52-7-3. Operation or use of vessel in, §52-7-13. Homeland security. Boating safety zones for maritime and homeland security, §52-7-13. Homemade vessels. Defined, §52-7-3. Homicide by vessel, §52-7-12.2. Release on unsecured judicial release prohibited, §52-7-26. Hull damaged vessels. Transfer, §52-7-4. Hull identification numbers. Counterfeit numbers, §52-7-7.5. Defined, §52-7-3. Display on new vessels, §52-7-7.2. Exception to requirement, §52-7-7.6. Forfeiture of vessels without HINs, §52-7-7.3. Replacement HINs, §52-7-7.3.

BOATS AND OTHER WATERCRAFT - Cont’d Hull identification numbers - Cont’d Required, §52-7-7.1. Exceptions to requirement, §52-7-7.6. Seizure and forfeiture of vessels without HINs, §52-7-7.3. Violation of provisions, §§52-7-7.1, Identification. Numbering of vessels, §§52-7-4 to Person operating to have proper identification, §52-7-8.3. Idle speed. Operating at idle speed required under certain conditions, §52-7-18. Injuries. Serious injury by vessel, §52-7-12.4. Release on unsecured judicial release prohibited, §52-7-26. Interstate boating violator compact, §§52-7-30, 52-7-31. Lake Burton. Operation of certain vessels prohibited, §52-7-13. Lake Harding. Operation of certain vessels prohibited, §52-7-13. Lake Jackson. Operation of certain vessels prohibited, §52-7-13. Lake Oconee. Operation of certain vessels prohibited, §52-7-13. Lake Oliver. Operation of certain vessels prohibited, §52-7-13. Lake Rabun. Operation of certain vessels prohibited, §52-7-13. Lake Sinclair. Operation of certain vessels prohibited, §52-7-13. Law enforcement vessels, vessels escorted by. Boating safety zones for maritime and homeland security, §52-7-13. Leaving scene of collision or accident. Death caused in collision or accident. Homicide by vessel, first degree, §52-7-12.2. Release on unsecured judicial release prohibited, §52-7-26.

INDEX BOATS AND OTHER WATERCRAFT - Cont’d Legislative declaration, §52-7-2. Liens. Abandoned vessels, §52-7-73. Foreclosure, §§52-7-73 to 52-7-77. Lifeboats. Numbering of vessels, §52-7-6. Lifesaving devices. Required equipment, §52-7-8. Lights, §52-7-11. Required equipment, §§52-7-8, 52-7-11. Live-aboard vessels. Defined, §52-7-8.4. Load restrictions, §52-7-17. Capacity plates. General provisions, §§52-7-40 to Local government. Regulatory powers, §52-7-21. Marine toilets. Defined, §52-7-3. Portable marine toilets. Defined, §52-7-3. Protected fresh waters. Use of vessels with marine toilets on, §52-7-8.1. Medical facilities. Reporting boating accident, §52-7-14. Municipal corporations. Discharge of substances dangerous to navigation or property. Powers of municipalities, §§52-8-4, Navigation companies. General provisions, §§52-5-1 to Navy vessels. Boating safety zones for maritime and homeland security, §52-7-13. Negligence. Operation in reckless or negligent manner, §52-7-12. Noise. Exhausts to be muffled, §52-7-10. Testing of noise level, §52-7-10. North Highlands lake. Operation of certain vessels prohibited, §52-7-13. Numbering of vessels, §§52-7-4 to Application for, §52-7-5. Certificate, §52-7-5. Dealers’ vessels, §52-7-7. Change of address, §52-7-5.

BOATS AND OTHER WATERCRAFT - Cont’d Numbering of vessels - Cont’d Change of ownership, §52-7-5. Dealers’ vessels, §52-7-7. Display of number, §52-7-5. Hull identification numbers, §52-7-7.2. Required, §52-7-4. Exemptions from requirement, §52-7-6. Hull identification numbers, §52-7-7.6. Expiration of registration, §52-7-5. Decal with expiration to be displayed on vessel, §52-7-5. Federal numbering system. Conformity with, §52-7-5. Fees, §52-7-5. Dealers’ vessels, §52-7-7. Hull identification numbers. Counterfeit numbers, §52-7-7.5. Defined, §52-7-3. Display on new vessels, §52-7-7.2. Exception to requirement, §52-7-7.6. Forfeiture of vessels without HINs, §52-7-7.3. Replacement HINs, §52-7-7.3. Required, §52-7-7.1. Exceptions to requirement, §52-7-7.6. Seizure and forfeiture of vessels without HINs, §52-7-7.3. Violation of provisions, §§52-7-7.1, Local regulations, §52-7-21. Notice of transfer of interest of destruction or abandonment of vessel, §52-7-5. Records, §52-7-5. Refund of fees overpaid or paid in error, §52-7-5. Removal of number, §52-7-5. Renewal of registration, §52-7-5. Required, §52-7-4. Exemptions, §52-7-6. Hull identification numbers, §52-7-7.6. Hull identification numbers, §52-7-7.1. Title requirement, §52-7-4. Transfer of hull damaged vessel covered by certificate, §52-7-4. Ogeechee river. Restriction as to motors used on, §52-7-13.

INDEX BOATS AND OTHER WATERCRAFT - Cont’d Operation while under influence of alcohol or drugs, §52-7-12. Administering chemical tests, §52-7-12.5. Blood and other chemical tests, §52-7-12. Certification of breath-testing instrument, §52-7-12.5. Child endangerment, §52-7-12. Hearing request upon suspension, §52-7-12.5. Implied consent as to chemical test, §52-7-12.5. Judicial review of department’s suspension, §52-7-12.5. Legal drug use not exempted, §52-7-12. Liability of owner for allowing another to operate while intoxicated, §52-7-12. Notice of intention to suspend or disqualify privilege of operation, §52-7-12.5. Operating watercraft when privilege suspended, §52-7-12.6. Presumption created by suspension of privilege to operate watercraft, §52-7-12.5. Refusal of chemical test, §52-7-12. Refusal to submit to test, §52-7-12.5. Reinstatement of operating privilege, §52-7-12.6. Release on unsecured judicial release prohibited, §52-7-26. Suspension of privilege to operate watercraft, §52-7-12.5. Terms and conditions, §52-7-12.6. Ordinances. Local regulations generally, §52-7-21. Other states. Citations issued by another state. Suspension of operating privilege, §52-7-12.7. Interstate boating violator compact, §52-7-31. Permits. Regattas, boat races, marine parades, tournaments and exhibitions, §52-7-19. Personal flotation devices. Required equipment, §52-7-8. Personal watercraft. Age for operating, §§52-7-8.2, 52-7-8.3.

BOATS AND OTHER WATERCRAFT - Cont’d Personal watercraft - Cont’d Defined, §52-7-8.2. Endangering child. Person transporting child while under influence of alcohol or drugs, §52-7-12. Flotation device required, §52-7-8.2. Regattas, boat races, etc. Inapplicability of provisions to, §52-7-8.2. Renting, leasing or letting for hire to person under age 16 years, §52-7-8.2. Restrictions on operation, §52-7-8.2. Safety courses provided, §52-7-8.2. Self-circling device or lanyard-type engine cutoff switch, §52-7-8.2. Speed restriction within 100 feet of moored or anchored vessels, vessels adrift or wharf, dock, etc., §52-7-8.2. Times of day operation permitted, §52-7-8.2. Towing persons on waterskis, aquaplanes, surfboards, etc., §52-7-8.2. Person under age of 21 operating after consuming alcohol, §52-7-12. PFD’s. Required equipment, §52-7-8. Pilots and pilotage. General provisions, §§52-6-1 to Policy of state, §52-7-2. Protected fresh waters. Defined, §52-7-3. Marine toilets. Use of vessels with marine toilets on, §52-7-8.1. Publication. Rules and regulations, §52-7-24. Races, §52-7-19. Racing sculls, shells or sweeps. Personal flotation devices. Required equipment, exceptions, §52-7-8. Rafts. Personal flotation devices. Required equipment, exceptions, §52-7-8. Reasonable and prudent speed under conditions, §52-7-17. Operation of vessels, §52-7-17.

INDEX BOATS AND OTHER WATERCRAFT - Cont’d Reckless or negligent operation of vessels, §52-7-12. Records. Boat liveries, §52-7-9. Numbering of vessels, §52-7-5. Reduction of speed by power vessels approaching nonpowered vessels, §52-7-18. Regulatory markers. Defined, §52-7-20. Prohibited acts as to, §52-7-20. Reports. Accidents, §52-7-14. Definition of reportable boating accident, §52-7-3. Federal officials and agencies. Furnishing information to, §52-7-15. Discharge of substances dangerous to navigation or property. Pilots to report unlawful discharges, §52-8-2. Riding or jumping wake of another vessel, §52-7-18. Rules and regulations. Board of natural resources, §52-7-23. Capacity plates, §§52-7-47, 52-7-48. Enforcement, §52-7-25. Suspension of operating privilege, §52-7-12.7. Filing and publication, §52-7-24. Interstate boating violator compact, §52-7-31. Violations as misdemeanors, §52-7-26. Rules of the road, §52-7-18. Safety programs. Comprehensive boating education programs, §52-7-22. Safety zone, §52-7-13. Salvage rights. Failure to salvage vessel within certain time after sinking, §52-7-14. Searches and seizures. Hull identification numbers. Seizure of vessels without HINs, §52-7-7.3. Powers of enforcement officers, §52-7-25. Seed lake. Operation of certain vessels prohibited, §52-7-13. Serious injury by vessel, §52-7-12.4. Release on unsecured judicial release prohibited, §52-7-26.

BOATS AND OTHER WATERCRAFT - Cont’d Sewage. Defined, §52-7-3. Discharge from vessels on lakes, §52-7-8.1. Speed. Reduction of speed by power vessels approaching nonpowered vessels, §52-7-18. Restrictions, §52-7-17. Operation near certain areas, §52-7-18. Personal watercraft, §52-7-8.2. Starboard or right side of center of channel, stream, etc. Duty of operator, §52-7-18. Steering and sailing rules. Conformity to, §52-7-18. Subpoenas. Service of subpoenas. Powers of enforcement officers, §52-7-25. Suspension of operating privilege. Citations issued by another state, §52-7-12.7. Interstate boating violator compact, §52-7-30. Reciprocal suspension, §52-7-31. Operating under influence of alcohol or drugs, §§52-7-12.5, 52-7-12.6. Violation of statutes, rules, or regulations, §52-7-12.7. Tallulah Falls lake. Operation of certain vessels prohibited, §52-7-13. Title of act. Short title, §52-7-1. Titling of vessels. Certificate of title, §52-7-5. Requirement, §52-7-4. Transfer of hull damaged vessel, §52-7-4. Tugalo lake. Operation of certain vessels prohibited, §52-7-13. United States. Accident reports. Federal officials and agencies. Furnishing information to, §52-7-15. Numbering of vessels. Conformity with federal numbering system, §52-7-5. Exemptions from requirement, §52-7-6.

INDEX BOATS AND OTHER WATERCRAFT - Cont’d Violation of provisions, §52-7-26. Interstate boating violator compact, §§52-7-30, 52-7-31. Suspension of operating privilege, §52-7-12.7. Warranties. Capacity plates. Information on plate as warranty, §52-7-45. Water skis. Reckless or negligent operation, §52-7-12.1. Towing restrictions, §52-7-16. Whistles or horns. Required equipment, §52-7-8. Yonah lake. Operation of certain vessels prohibited, §52-7-13. Zero tolerance law. Persons under age of 21 operating after consuming alcohol, §52-7-12. BONA FIDE PURCHASERS. Probate of wills. Common form. Persons protected if set aside, §53-5-16. Recovery of property from bona fide purchaser for value, §53-5-4. BOND ISSUES. Executors and administrators. Investments. Personal representatives, §§53-8-3, Georgia ports authority. Revenue bonds, §§52-2-15 to 52-2-30. Trusts. Power of trustees, §53-12-261. United States. Executors and administrators. Investments by personal representatives in bonds, §§53-8-3, 53-8-4. BONDS, SURETY. Boats and other watercraft. Regattas, boat races, marine parades, tournaments and exhibitions, §52-7-19. Rules and regulations, §52-7-23.

BONDS, SURETY - Cont’d Executors and administrators, §§53-6-50 to 53-6-54. Actions against personal representatives, §§53-7-15 to Common bond, §53-7-17. Failure to settle and account, §53-7-19. Removed representative’s bond, §53-7-18. County administrators, §§53-6-41 to Custody of bond, §53-6-54. Investment bonds, §53-8-3. Mismanagement by unbonded personal representative, §53-6-53. Persons required to give, §53-6-50. Qualification to serve without bond, §53-6-53. Recordation of bond, §53-6-54. Reduction, §53-6-52. Requirements generally, §53-6-51. Settlement of accounts. Refunding bonds, §53-7-66. Terms generally, §53-6-51. Pilots and pilotage, §§52-6-34, 52-6-35. Regattas, §52-7-19. Trustees. Giving to secure performance, §53-12-203. Trust directors. Statutory provisions applicable to trust directors, §53-12-506. BREACHES OF TRUST, §§53-12-300 to 53-12-308. Contracts properly entered into. No personal liability in trustee unless failure to reveal representative capacity, §53-12-308. Cotrustees. Action against other trustee to compel performance, redress or enjoin breach, §53-12-306. Liability for breach committed by other trustee, §53-12-305. Statute of limitation. Cotrustee’s claim against other cotrustee, §53-12-307. Damages resulting, §53-12-301. Personal liability of trustee, §53-12-302.

INDEX BREACHES OF TRUST - Cont’d Judgment rendered against trust. No personal liability in trustee or beneficiary, §53-12-308. Remedies, §53-12-301. Personal liability of trustee, §53-12-302. Revocable trusts. Liability of trustee, §53-12-303. Statute of limitation. Beneficiary’s claim, §53-12-307. Cotrustee’s claim against other cotrustee, §53-12-307. Successor trustee’s claim against predecessor, §53-12-307. Successor trustees. Liability for acts or omissions of prior trustee, §53-12-304. Statute of limitation. Successor trustee’s claim against predecessor, §53-12-307. Succeeding trustee also settlor, §53-12-304. Trust provision relieving trustee from liability, §53-12-303. Violation of duty owed beneficiary, §53-12-300. Warranty made in conveyance. No personal liability in trustee unless distinctly expressed, §53-12-308. What constitutes, §53-12-300. BREATH TESTS. Boats and other watercraft. Operation while under influence of alcohol or drugs, §§52-7-12, BRIDGES. Canal companies. Construction and maintenance of bridges, §52-4-13. Personal watercraft. Speed restrictions when operating close to bridge structure, §52-7-8.2. BROTHERS. Gift presumed. Purchase money resulting trusts. Payors of consideration siblings, §53-12-131. BULL SLUICE LAKE. Boats and other watercraft. Operation of certain vessels prohibited, §52-7-13.

BUOYS. Aids to navigation. Defined, §52-7-20. Boats and other watercraft. Aids to navigation. Defined, §52-7-20. Regulatory markers. Defined, §52-7-20. Regulatory markers, §52-7-20. BURDEN OF PROOF. Wills. Construction of will. Intent of testator, §53-4-55. BUSINESS CORPORATIONS. Foreign trade zones. General provisions, §§52-10-1 to Merger. Deed to acquire beneficial interest in property. Merger into domestic for profit corporation, §53-12-159. Trusts. Deed to acquire beneficial interest in property. Merger into domestic for profit corporation, §53-12-159. C CANAL COMPANIES, §§52-4-1 to Branch canals. Powers as to, §§52-4-8, 52-4-10. Bridges. Construction and maintenance of bridges, §52-4-13. Bylaws, §52-4-5. Certificate of incorporation, §52-4-2. Commencement of corporate existence, §52-4-4. Directors. Personal liability, §52-4-6. Petitioners as first board of directors, §52-4-5. Duration of corporate existence, §52-4-4. Duties, §§52-4-8, 52-4-13. Eminent domain. Disagreements as to compensation for taking of lands, §52-4-15. Powers generally, §52-4-8. Fees. Petition for incorporation. Filing fee, §52-4-1.

INDEX CANAL COMPANIES - Cont’d Forms. Certificate of incorporation, §52-4-2. Highways, roads and streets. Encroachment of canals upon public roads, §52-4-13. Incorporation. Certificate of incorporation, §52-4-2. Commencement of corporate existence, §52-4-4. Petition for incorporation, §52-4-1. Petitioners as first board of directors, §52-4-5. Leases. Canal and other properties, §52-4-14. Mortgages. Canal and other properties, §52-4-14. Navigable streams. Destruction or obstruction of navigation prohibited, §52-4-8. Notice. Subscription for all capital stock and payment of ten percent. Publication of notice, §52-4-6. Office. Principal office. Location, §52-4-7. Officers. Election, §52-4-5. Powers, §§52-4-8, 52-4-10 to 52-4-12, Principal office. Location, §52-4-7. Rates and charges. Furnishing of canal water. Use of water, §52-4-11. Use of canals. Toll rates, §52-4-12. Records. Secretary of state. Files and books regarding canal companies, §52-4-3. Sales. Canal and other properties, §52-4-14. Secretary of state. Certificate of incorporation. Issuance, §52-4-2. Files and books concerning canal companies. Maintenance, §52-4-3. Petition for incorporation. Filing with secretary of state, §52-4-1. Stock and stockholders. Increase or decease of capital stock, §52-4-9.

CANAL COMPANIES - Cont’d Stock and stockholders - Cont’d Personal liability of stockholders, §52-4-6. Subscription for capital stock. Notice. Publication of notice upon subscription for all capital stock and payment of ten percent, §52-4-6. Opening books of subscription, §52-4-5. Taxation. Subject to taxes, §52-4-16. Toll rates for use of canals, §52-4-12. Water supply. Furnishing of canal water by companies, §52-4-11. CANOES. Lifesaving devices. Exception to requirement of personal flotation device, §52-7-8. CAPACITY. Wills. Testamentary capacity generally, §§53-4-10 to 53-4-12. CATS. Trust created to provide for care of animal, §53-12-28. CAVEATS. Probate of will in common form. Powers of executor upon, §53-7-1. Trial of caveats to wills. Powers and duties of temporary administrators and executors pending trial, §53-7-4. CERTIFICATES OF BENEFICIAL INTEREST. Trusts. Deed to acquire beneficial interest in property. Issuance by trustee, §53-12-155. Repurchase or redemption by trustee, §53-12-156. CERTIFICATION OF TRUST. Presented by trustee in lieu of copy to establish trust’s existence, §53-12-280. CHARITABLE GIFTS. Effectuating settlor’s or donor’s intention, §53-12-172. Wills. Charitable testamentary gifts, §53-4-62.

INDEX CHATTELS. Judgments against executors or administrators. Against what property levied, §53-7-52.

CHARITABLE TESTAMENTARY GIFTS. Wills, §53-4-62. CHARITABLE TRUSTS, §§53-12-170 to 53-12-175. Actions relating to rights of beneficiaries. Attorney general or district attorney may bring, venue, service of process, judgments determining rights, §53-12-174. Action to enforce. Settlor may maintain, §53-12-175. Attorney general or district attorneys. Representation of interests of beneficiaries and state, §53-12-174. Beneficiaries. Power to select, §53-12-171. Representation of interests, §53-12-174. Defined, §53-12-170. Effectuating settlor’s or donor’s intention, §53-12-171. Indefinite or unlimited period. Continuation for, validity, §53-12-173. Private foundations, §§53-12-180 to Purposes, §53-12-170. Power to select, §53-12-171. Settlor providing for charitable and noncharitable purposes. Governed by article, §53-12-170. Superior courts. Effectuating settlor’s or donor’s intention, §53-12-171.

CHILD ENDANGERMENT. Boats and other watercraft. Person transporting child in watercraft while under influence of alcohol or drugs, §52-7-12. Release on unsecured judicial release prohibited, §52-7-26. CHILD SUPPORT. Spendthrift provisions in trust. Validity as to claims, §53-12-80. Trusts. Spendthrift provisions. Validity as to claims, §53-12-80. CITATIONS. Executors and administrators. Sale or conveyance of property. Failure of personal representative to assent to passage of title, §53-8-15. Georgia ports authority. Traffic laws, §52-2-10. Motor vehicle and traffic violations. Georgia ports authority, §52-2-10. Probate courts. Issuance of citation upon filing of petition, §53-11-9. CLAIMS AGAINST OR IN FAVOR OF DECEDENTS’ ESTATES, §§53-7-40 to 53-7-45.

CHARITIES. Charitable trusts. Generally, §§53-12-170 to 53-12-175. Private foundation, §§53-12-180 to Private foundation, §§53-12-180 to Testamentary gifts, §53-4-62. Trusts and trustees. Representation and binding of other persons. Charitable beneficiaries of trust that is not a charitable trust, §53-12-8. Charitable entities, §53-12-8. Wills. Testamentary gift charity, §53-4-62.

CLASS GIFTS TO CHILDREN. Wills. Presumption, §53-4-48. CLEAR AND CONVINCING EVIDENCE. Death. Perils or tragedies resulting in probable death, §53-9-1. Wills. Construction of will. Intent of testator, §53-4-55. CLOSED-END MANAGEMENT. Executors and trustees. Investments by, §53-8-3. COASTAL WATERS AND BEACHES. Beach replenishment. Sand originating from dredging navigation channels, §52-9-2.

INDEX COASTAL WATERS AND BEACHES - Cont’d Dredging operations, §§52-9-1, 52-9-2. Sand. Deposit. Dredging operations, §§52-9-1, Shore protection act. Dredging operations, §§52-9-1, 52-9-2. Sand from dredging operations. Deposit, §§52-9-1, 52-9-2. COAST GUARD. Fire extinguishers on vessels. Approved hand portable fire extinguishers, §52-7-8. Flame arrester for carburetor on vessels. Approved flame arrester, §52-7-8. Maximum capacity of vessel determination, §52-7-43. Personal flotation devices on vessels. Approval by coast guard. Operating vessel in hazardous areas, §52-7-13. Required to be legibly marked with coast guard approved number, §52-7-8. Sale of unapproved devices, §52-7-8. Ski belts and ski jackets. Approval by coast guard, §52-7-16. CODICILS. Probate of wills. Time to offer codicil for probate, §53-5-3. Wills. Execution and attestation generally, §53-4-20. Proof of codicil, §53-5-7. Self-proved codicil, §53-4-24. COERCION AND DURESS. Wills. Effect on validity, §53-2-6. Testamentary capacity, §53-4-12. COEXECUTORS. Authority and powers when several named in will, §53-7-5. COMMERCE AND TRADE. Foreign trade zones, §§52-10-1 to

COMMERCIAL PAPER. Georgia ports authority. Revenue bonds. Status, §52-2-18. COMMISSIONERS. Pilotage commissioners. Board of pilotage commissioners. General provisions, §§52-6-1 to COMMON ANCESTORS. Rules of inheritance generally, §53-2-1. Relationship through two or more lines, §53-2-6. COMMON FORM OF PROBATE. Powers of executor, §53-7-1. Probate of wills, §§53-5-15 to 53-5-19. COMMON LAW. Right of passage upon navigable streams and rivers. Legislative findings and declaration of policies, §52-1-31. Tidewaters protection. Legislative findings and declaration of policies, §52-1-2. Trustee’s duties, §53-12-240. Wills, trusts and administration of estates. Common law and equity principles. Applicability to wills, trusts and administration of estates unless otherwise modified, §53-1-9. COMMUNITY SERVICE. Boats and other watercraft. Operation under the influence, §52-7-12. COMPACTS. Boats and other watercraft. Interstate boating violator compact, §§52-7-30, 52-7-31. Interstate boating violator compact, §§52-7-30, 52-7-31. COMPROMISE AND SETTLEMENT. Claims against or in favor of decedent’s estate, §53-7-45. Trusts. Powers of trustees, §53-12-261. COMPULSORY RETIREMENT. Pilots, §52-6-53. CONDEMNATION. Testamentary gifts, §53-4-67.

INDEX CONDITIONS IN TERROREM. Wills, §53-4-68. CONFLICTS OF LAW. Trust. Law determining validity of trusts, §53-12-4. Meaning and effect of trust provisions, §53-12-5. CONSENT. Boats and other watercraft. Operation under influence of alcohol or drugs. Implied consent as to chemical tests, §52-7-12.5. Probate of wills. Settlement agreements. Requirement of consent of interested persons, §53-5-25. Trusts. Modification enlarging trustee’s duties and liabilities. Consent of trustee required, §53-12-41. Representation and binding other persons. Effect of consent of representative, §53-12-8. CONSERVATORS. Executors and administrators. Actions against personal representatives. Conservators’ bonds, §53-7-15. Powers and duties of personal representatives, §53-7-8. Express trusts. Settlor’s powers to revoke, amend, distribute trust property. Exercised by settlor’s conservator, §53-12-43. Fiduciaries. Fiduciary access to digital assets. Applicability of provisions to conservatorship, §53-13-3. Generally, §§53-13-1 to 53-13-40. Missing persons. Conservators of estates, §§53-9-10 to 53-9-16, 53-9-21. Renouncing succession. Persons who may renounce, §53-1-20. Trusts. Representation and binding of other persons. Conservators, estate controlled, §53-12-8.

CONSERVATORS - Cont’d Trusts - Cont’d Settlor’s powers to revoke, amend, distribute trust property. Exercised by settlor’s conservator, §53-12-43. CONSPIRACIES. Descent and distribution. Slayers of decedent, §53-1-5. CONSTRUCTIVE TRUSTS. Defined, §53-12-132. Parol evidence. Cases where trust sought to be implied, §53-12-133. Ratification or long acquiescence. Waiver of right to trust, §53-12-132. Revised trust code of 2010. Generally, §§53-12-1 to 53-12-455. CONTEMPT. Probate of wills. Failure to file will, §53-5-5. CONTRABAND. Boats or vessels. Hull identification numbers. Seizure of vessels without HINs, §52-7-7.3. CONTRACTS. Executors and administrators. Powers and duties of personal representatives, §53-7-6. Georgia ports authority. Competitive bidding requirement. Contract for new construction, §52-2-35. Revenue bonds. Bonds to constitute contract with bondholders, §52-2-27. Use of projects, §52-2-31. Trusts. Contracts properly entered into by trustees. No personal liability in trustee unless failure to reveal representative capacity, §53-12-308. Powers of trustees, §53-12-261. Wills. Joint and mutual wills. Contracts concerning succession, §53-4-30. Presumption of contract not to revoke, §53-4-32.

INDEX CONTRACTS - Cont’d Year’s support. Contract made by surviving spouse or guardian, §53-3-15. CONTROLLED SUBSTANCES. Surfboards. Operation while under influence of drugs, §52-7-12.1. CONVERSION. Executor de son tort, §53-6-2. CONVEYANCES. Beneficial interest in property. Deed to acquire, §§53-12-150 to Executors and administrators. Sale or conveyance of property by personal representative, §§53-8-10 to 53-8-15. Georgia ports authority. Medical depot site. Conveyance to authority, §52-2-14. Trusts. Beneficial interest in property. Deed to acquire, §§53-12-150 to Transfer of property in trust, §53-12-25. Warranty made in conveyance. No personal liability in trustee unless distinctly expressed, §53-12-308. Year’s support. Approval of probate court. Surviving spouse conveyance of property set aside, §53-3-20. Conveyance made by surviving spouse or guardian, §53-3-15. Effect of conveyance by surviving spouse of property set aside, §53-3-19. Property conveyed by personal representative prior to award, §53-3-13. CONVICTED FELONS. Wills. Testamentary capacities, §53-4-10. COPYRIGHTS. Principal and income act. Allocation of receipts from, §53-12-426. CORPORATIONS. Canal companies. General provisions, §§52-4-1 to

CORPORATIONS - Cont’d Decedents’ estates. Executors and administrators. Compensation to administrator from business enterprise, §53-6-63. Executors and administrators. Compensation of administrators. Corporate interest of decedent, §53-6-63. Foreign entities acting in fiduciary capacity, §§53-12-320 to Fiduciaries. Foreign entities acting in fiduciary capacity, §§53-12-320 to Foreign entities acting in fiduciary capacity, §§53-12-320 to 53-12-323. Foreign trade zones, §§52-10-1 to Guardians. Foreign entities acting in fiduciary capacity, §§53-12-320 to Merger. Deed to acquire beneficial interest in property. Merger into domestic for profit corporation, §53-12-159. Navigation companies. General provisions, §§52-5-1 to Private foundations. Generally, §§53-12-180 to 53-12-195. Trusts. Corporate fiduciaries. Powers, §53-12-262. Foreign entities acting in fiduciary capacity, §§53-12-320 to COSTS. Breach of trust, §53-12-302. Executors and administrators. Settlement of accounts, §53-7-78. Trusts. Breach of trust, §53-12-302. Disbursement from principal, §53-12-451. Disbursements from income, §53-12-450. Final accounting. Death, resignation, removal of trustee, termination of trust, §53-12-231.

INDEX COSTS - Cont’d Trusts - Cont’d Interim accounting relieving trustee from liability. Petition, §53-12-230. Year’s support. Probate court fees, §53-3-12. COTRUSTEES. Authority to act on behalf of trust, §53-12-204. Trust directors. Relief of cotrustee from duty and liability for another cotrustee, §53-12-505. Statutory provisions applicable to trust directors, §53-12-506. Breach of trust. Action against other trustee to compel performance, redress or enjoin breach, §53-12-306. Liability for breach committed by other trustee, §53-12-305. Statute of limitation. Cotrustee’s claim against other cotrustee, §53-12-307. Compensation, §53-12-211. COUNTERFEITING. Boats and other watercraft. Hull identification numbers. Counterfeit numbers, §52-7-7.5. COUNTIES. Administrators of unrepresented persons estates. County administrators, §§53-6-35 to County administrators. General provisions, §§53-6-35 to COUNTY ADMINISTRATORS. Additional security on bond, §§53-6-42, 53-6-43. Appointment, §53-6-35. Purpose of commencing or continuing lawsuit against estate, §53-6-40. Bond, §53-6-41. Additional security, §53-6-42. Proceedings, §53-6-43. Compensation, §53-6-36. Continuation of duties until letters of administration revoked, §53-6-37. County guardians. Appointment of additional county administrators to serve as, §53-6-35.

COUNTY ADMINISTRATORS - Cont’d Qualifications, §53-6-36. Resignation of office, §53-6-37. Revocation of letters of administration, §53-6-42. Separate letters of administration for each estate, §53-6-40. Settlement of estate without administration, §53-6-44. Terms of office, §53-6-37. Unrepresented estate, administration by clerk of superior court, §53-6-39. Unrepresented estate, administration by county administrators, §53-6-38. COUNTY BONDS. Executors and administrators. Investments by personal representatives, §53-8-3. COUNTY GUARDIANS. County administrators. Appointment to serve as, §53-6-35. COUSINS. Rules of inheritance generally, §53-2-1. CRIMINAL LAW AND PROCEDURE. Boats and other watercraft. Abandoned vessels. Notice of removal. False information, §52-7-71. Capacity plates. Violations of provisions, §52-7-51. Child endangerment. Transporting child while under influence of alcohol or drugs, §52-7-12. Equipment required. Violation of provisions, §52-7-8. Feticide by vessel, §52-7-12.3. Release on unsecured judicial release prohibited, §52-7-26. Homicide by vessel, §52-7-12.2. Hull identification numbers. Violation of provisions, §§52-7-7.1, Operating while privilege suspended. Operating under influence of alcohol or drug violation, §52-7-12.6. Operation under the influence, §52-7-12. Release on unsecured judicial release prohibited, §52-7-26.

INDEX CRIMINAL LAW AND PROCEDURE - Cont’d Boats and other watercraft - Cont’d Violations of provisions, §52-7-26. Child endangerment. Boats and other watercraft. Transporting child while under influence of alcohol or drugs, §52-7-12. Endangering child. Boats and other watercraft. Transporting child while under influence of alcohol or drugs, §52-7-12. Feticide by vessel, §52-7-12.3. Release on unsecured judicial release prohibited, §52-7-26. Flotation devices. Sale of unapproved devices, §52-7-8. Hull identification numbers. Violation of provisions, §§52-7-7.1, Pilots and pilotage. Acting as pilot without license, §52-6-54. Interfering with or disturbing licensed pilot, §52-6-54. Refusal to take pilot or pay pilotage fee, §52-6-49. CROP LIENS. Year’s support. Landlord’s lien on crops, §53-3-18. D DAMAGES. Breach of trust, §53-12-301. Personal liability of trustee, §53-12-302. Executors and administrators. Actions against personal representatives. Breach of fiduciary duty. Damages, injunctions, etc, actions for, §53-7-54. Intracoastal waterway. Claims for damages to oysters, §52-3-9. Oysters. Intracoastal waterway, §52-3-9. Trusts. Breach of trust, §53-12-301. Personal liability of trustee, §53-12-302.

DAMS. Boating safety area, §52-7-13. DEALERS. Boats and other watercraft. Defined, §52-7-3. Numbering of dealer’s vessels, §52-7-7. DEATH. Missing persons and persons believed to be dead. Administration of estates, §§53-9-1 to 53-9-8, 53-9-20. Conservators of estates, §§53-9-10 to 53-9-16, 53-9-21. Perils or tragedies resulting in probable death, §53-9-1. Presumption of death, §53-9-1. Nondomiciliaries, §53-9-20. Perils or tragedies resulting in probable death, §53-9-1. Presumptions. Estates of persons presumed dead. Administration of estates of missing persons or persons believed to be dead, §§53-9-1 to 53-9-8, Conservators, §§53-9-10 to 53-9-16, Missing persons, §53-9-1. Nondomiciliaries, §53-9-20. Simultaneous death, §§53-10-1 to TODS, §§53-5-60 to 53-5-71. Year’s support. Barring right to support, §53-3-2. DEATH PRESUMPTION. Estates of persons presumed dead. Administration of estates of missing persons or persons believed to be dead, §§53-9-1 to 53-9-8, 53-9-20. Conservators, §§53-9-10 to 53-9-16, Missing persons, §53-9-1. Nondomiciliaries, §53-9-20. DEBTORS AND CREDITORS. Descent and distribution. Dispensing with administration. Right of action by creditor, §53-2-42. Spendthrift provisions of trust. Creditor’s ability to reach beneficiary’s interest, §53-12-80. Testamentary gifts. Payment of debts of testator, order, §53-4-63.

INDEX DEBTORS AND CREDITORS - Cont’d Trusts. Following assets in hands of beneficiaries, §53-12-301. Rules applicable to creditors of settlor, §53-12-82. Spendthrift provisions of trust. Creditor’s ability to reach beneficiary’s interest, §53-12-80. Wills. Creditor beneficiaries, §§53-4-69, Payment of debts of testator, order, §53-4-63. DECALS. Boats and other watercraft. Display of expiration decal on vessel, §52-7-5. DECEDENTS’ ESTATES. Actions against personal representatives, §§53-7-10 to Afterborn children. Considered children in being at time of decedent’s death, §53-2-1. Ancillary proceedings. Foreign personal representatives, §§53-5-42 to 53-5-47. Probate of foreign or out-of state wills, intestate nondomiciliary, §§53-5-30 to 53-5-41. Claims against or in favor of estate. General provisions, §§53-7-40 to Common law. Applicability to wills, trusts and administration of estates unless otherwise modified, §53-1-9. County administrators. General provisions, §§53-6-35 to Descent and distribution. General provisions, §§53-2-1 to Discharge and resignation of personal representatives, §§53-7-50 to 53-7-56. Dower. Abolished, §53-1-3. Equity principles. Applicability to wills, trusts and administration of estates unless otherwise modified, §53-1-9.

DECEDENTS’ ESTATES - Cont’d Executors and administrators. Foreign personal representatives, §§53-5-42 to 53-5-47. Generally, §§53-6-1 to 53-6-64. Foreign or out-of state wills. Probate generally and intestate nondomiciliary, §§53-5-30 to Georgia principal and income act. Generally, §§53-12-380 to 53-12-431. Half-bloods. Considered equally with whole-blood, §53-2-1. Intestate succession. Descent and distribution generally, §§53-2-1 to 53-2-51. Inventory, §§53-7-30 to 53-7-34. Investments. General provisions, §§53-8-1 to 53-8-5. Missing persons and persons believed to be dead. Administration of estates, §§53-9-1 to 53-9-8, 53-9-20. Date of presumed death, §53-9-1. Distribution of assets, §53-9-7. Heirs and beneficiaries who cannot be located, §53-9-8. Hearings, §53-9-3. Heirs or beneficiaries who are missing. Judges allowed to hold certain funds for, §53-9-8. Letters of administration or testamentary, §53-9-4. Revocation upon proof that missing individual is alive, §53-9-5. Nondomiciliaries, §53-9-20. Notice, §53-9-2. Orders. Administration not necessary, §53-9-4. Finding that the missing individual is dead, §53-9-3. Granting of year’s support, §53-9-4. Perils or tragedies resulting in probable death, §53-9-1. Petition for administration of the estate, §53-9-2. Predeceased other deceased individual, presumption, §53-9-1. Presumption of death, §§53-9-1,

INDEX DECEDENTS’ ESTATES - Cont’d Missing persons and persons believed to be dead - Cont’d Administration of estates - Cont’d Proof of death, §53-9-1. Recovery of property by missing individual, §53-9-6. Revocation of letters upon proof that missing individual is alive, §53-9-5. Search for missing individual, §53-9-2. Security to be given prior to distribution of assets, §53-9-7. Conservators of estates, §§53-9-10 to 53-9-16, 53-9-21. Personal representatives. General provisions, §§53-7-1 to Principal and income act. Generally, §§53-12-380 to 53-12-431. Probate of wills, §§53-5-1 to 53-5-51. Foreign or out-of-state wills generally, §§53-5-30 to 53-5-41. Foreign personal representatives, §§53-5-42 to 53-5-47. Revised Probate Code of 1998. Effective date of provisions, §53-1-1. Provisions known and cited as, §53-1-1. Settlement of accounts. General provisions, §§53-7-60 to Simultaneous death. General provisions, §§53-10-1 to Trusts. Representation and binding of other persons. Personal representatives of estate, interested persons, §53-12-8. Testamentary additions to trusts act, §§53-12-100 to 53-12-120. Wills. General provisions, §§53-4-1 to Year’s support. General provisions, §§53-3-1 to DECIBELS. Exhausts of engines on vessels. Noise level testing, §52-7-10. DEEDS. Beneficial interest in property. Deed to acquire, §§53-12-150 to

DEEDS - Cont’d Executors and administrators. Foreign personal representatives. Copy of letters and will attached as exhibit, §53-5-43. Foreign personal representatives. Copy of letters and will attached as exhibit, §53-5-43. Recordation. Deed to acquire beneficial interest in property. Deed creating estate, §53-12-152. Trusts. Deed to acquire beneficial interest, §§53-12-150 to 53-12-159. DEED TO ACQUIRE BENEFICIAL INTEREST, §§53-12-150 to DEFENSES. Executors and administrators. Actions against representative, §§53-7-10, 53-7-11. Trusts and trustees. Trust directors, §53-12-506. DEFERRED COMPENSATION. Principal and income act. Allocation of payments, §53-12-425. DEFINED TERMS. Abandoned vessel, §52-7-70. Accompanied by. Operation of watercraft, §52-7-8.3. Personal watercraft, §52-7-8.2. Account. Fiduciary access to digital assets, §53-13-2. Accounting period. Georgia principal and income act, §53-12-381. Administrators. Wills, trusts and administration of estates, §53-1-2. Administrator with the will annexed. Wills, trusts and administration of estates, §53-1-2. Agent. Fiduciary access to digital assets, §53-13-2. Aids to navigation. Boats and other watercraft, §52-7-20. Alcohol concentration. Boats and other watercraft, §52-7-3. Anchorage restriction areas. Boats and other watercraft, §52-7-8.4.

INDEX DEFINED TERMS - Cont’d Ascertainable standard. Revised trust code of 2010, §53-12-2. Asset-backed security. Georgia principal and income act, §53-12-431. Beneficiary. Personal representative granted trustee powers by probate court, §53-12-261. Probate courts, §53-11-9. Revised trust code of 2010, §53-12-2. Georgia principal and income act, §53-12-381. Wills, incorporation by reference of powers, §53-12-263. Wills, trusts and administration of estates, §53-1-2. Beneficiary form. TODS, §53-5-61. Blind point. Boats and other watercraft, §52-7-3. Boating activities. Interstate boating violator compact, §52-7-30. Boating authority. Interstate boating violator compact, §52-7-30. Boating law. Interstate boating violator compact, §52-7-30. Boating violation. Interstate boating violator compact, §52-7-30. Boat livery, §52-7-3. Bonds. Georgia ports authority, §52-2-2. Capacity plate. Watercraft, §52-7-40. Catalogue of electronic communications. Fiduciary access to digital assets, §53-13-2. Cemetery trust. Revised trust code of 2010. Termination of trust, §53-12-65. Charitable trust. Revised trust code of 2010, §53-12-170. Child. Year’s support, §53-3-1. Children. Year’s support, §53-3-1. Citation. Interstate boating violator compact, §52-7-30.

DEFINED TERMS - Cont’d Codicil. Wills, trusts and administration of estates, §53-1-2. Collateral. Interstate boating violator compact, §52-7-30. Compact manual. Interstate boating violator compact, §52-7-30. Conservator. Fiduciary access to digital assets, §53-13-2. Content of an electronic communication. Fiduciary access to digital assets, §53-13-2. Conviction. Interstate boating violator compact, §52-7-30. Cost of the project. Georgia ports authority, §52-2-2. County administrator. Wills, trusts and administration of estates, §53-1-2. Court. Fiduciary access to digital assets, §53-13-2. Probate of wills. Nonjudicial settlement agreements, §53-5-27. Settlement agreements, §53-5-25. Creditors. Trusts and trustees, claims against trust, §53-12-82. Current beneficiary. Trusts and trustees, invasion of principal, §53-12-62. Custodian. Fiduciary access to digital assets, §53-13-2. Dealer. Boats and other watercraft, §52-7-3. Deed. Revised trust code of 2010. Deed to acquire beneficial interest in property, §53-12-150. Demonstrative testamentary gift. Wills, §53-4-59. Depreciation. Revised trust code of 2010, §53-12-452. Derivative. Georgia principal and income act, §53-12-430. Descendant. Wills, trusts and administration of estates, §53-1-2.

INDEX DEFINED TERMS - Cont’d Designated recipients. Fiduciary access to digital assets, §53-13-2. Digital assets. Fiduciary access to digital assets, §53-13-2. Directed trustees. Trust directors, §53-12-500. Discharge. Boats and other watercraft, §52-7-3. Distributable share. Wills, trusts and administration of estates, §53-1-12. Domiciliary jurisdiction. Probate of foreign wills, §53-5-30. Due notice. Probate courts, §53-11-9. Electronic. Fiduciary access to digital assets, §53-13-2. Electronic communication. Fiduciary access to digital assets, §53-13-2. Electronic communication service. Fiduciary access to digital assets, §53-13-2. Entity. Georgia principal and income act, §53-12-410. Escheat. Wills, trusts and administration of estates, §53-2-50. Estuarine area. Anchorage restrictions, §52-7-8.4. Executor. Wills, trusts and administration of estates, §53-1-2. Express trust. Revised trust code of 2010, §53-12-2. Fiduciary. Fiduciary access to digital assets, §53-13-2. Personal representative granted trustee powers by probate court, §53-12-261. Revised trust code of 2010. Georgia principal and income act, §53-12-381. Foreign entity. Revised trust code of 2010, §53-12-2. Foreign wills. Probate of foreign wills, §53-5-30. General testamentary gift. Wills, §53-4-59.

DEFINED TERMS - Cont’d Given notice. Probate courts, §53-11-9. Guardian. Probate court proceedings, §53-11-2. Wills, trusts and administration of estates, §53-1-2. Harbor. Georgia ports authority, §52-2-2. Hazardous areas. Boats and other watercraft, §52-7-3. Heirs. Wills, trusts and administration of estates, §53-1-2. HIN. Boats and other watercraft, §52-7-3. Holding tank. Boats and other watercraft, §52-7-3. Homemade or inflatable raft. Boating under the influence, §52-7-12. Homemade vessel. Boats and other watercraft, §52-7-3. Home state. Interstate boating violator compact, §52-7-30. Homestead. Year’s support, §53-3-4. Hull damaged. Boats and other watercraft, §52-7-4. Hull identification number. Boats and other watercraft, §52-7-3. Idle speed. Boats and other watercraft, §52-7-3. Implied trust. Revised trust code of 2010, §53-12-2. Income. Georgia principal and income act, §53-12-381. Income beneficiary. Georgia principal and income act, §53-12-381. Income interest. Georgia principal and income act, §53-12-381. Information. Fiduciary access to digital assets, §53-13-2. Interested person. Probate of wills, right to offer will for probate, §53-5-2. Probate of wills, settlement agreement, §53-5-25. Year’s support, §53-3-6. Inter vivos marital trust. Trusts and trustees, §53-12-82.

INDEX DEFINED TERMS - Cont’d Issuing authority. Boats and other watercraft, §52-7-3. Issuing state. Interstate boating violator compact, §52-7-30. Joint will, §53-4-31. License. Interstate boating violator compact, §52-7-30. Liquidating asset. Georgia principal and income act, §53-12-426. Live-aboard vessel. Anchorage restrictions, §52-7-8.4. Long-term anchoring. Anchorage restrictions, §52-7-8.4. Mandatory income interest. Georgia principal and income act, §53-12-381. Manufacturers. Boats and other watercraft, §52-7-40. Marinas. Anchorage restrictions, §52-7-8.4. Marine structures. Anchorage restrictions, §52-7-8.4. Marine toilet, §52-7-3. Marital deduction testamentary gift or transfer. Wills, §53-4-74. Mechanically propelled vessel, §52-7-3. Medical facilities. Boating accidents, §52-7-14. Mutual will, §53-4-31. Navigable stream or river. Right of passage, §52-1-32. Net income. Georgia principal and income act, §53-12-381. Newspaper in which sheriff’s advertisements are published. Probate courts, §53-11-9. Nominated executor. Wills, trusts and administration of estates, §53-1-2. Nondomiciliary. Probate of foreign wills, §53-5-30. Nonmotorized vessel, §52-7-3. Nonresident. Revised trust code of 2010, §53-12-2. Notice shall be published. Probate courts, §53-11-9. Notified. Probate courts, §53-11-9.

DEFINED TERMS - Cont’d No wake, §52-7-3. Officer. Interstate boating violator compact, §52-7-30. Official county newspaper. Probate courts, §53-11-9. Official newspaper of county in which personal representative qualified. Probate courts, §53-11-9. Official newspaper of county in which petition is made. Probate courts, §53-11-9. Online tool. Fiduciary access to digital assets, §53-13-2. Operate. Boats and other watercraft, §52-7-3. Interstate boating violator compact, §52-7-30. Operator. Boats and other watercraft, §52-7-3. Original trust. Trusts and trustees, invasion of principal, §53-12-62. Out-of-state will. Probate of foreign wills, §53-5-30. Overnight. Anchorage restrictions, §52-7-8.4. Owners. Abandoned vessel, §52-7-70. Boats and other watercraft, §52-7-3. Party state. Interstate boating violator compact, §52-7-30. Payment. Georgia principal and income act, §53-12-425. Person. Boats and other watercraft, §52-7-3. Fiduciary access to digital assets, §53-13-2. Revised trust code of 2010, §53-12-2. Georgia principal and income act, §53-12-381. Wills, trusts and administration of estates, §53-1-2. Personal flotation device, §52-7-3. Boats and other watercraft, equipment, §52-7-8. Personal recognizance. Interstate boating violator compact, §52-7-30. Personal representative. Executors and administrators, §53-7-10.

INDEX DEFINED TERMS - Cont’d Personal representative - Cont’d Fiduciary access to digital assets, §53-13-2. Wills, trusts and administration of estates, §53-1-2. Personal watercraft, §52-7-8.2. Port. Georgia ports authority, §52-2-2. Portable marine toilet, §52-7-3. Power boat, §52-7-3. Power of appointment. Trust directors, §53-12-500. Power of attorney. Fiduciary access to digital assets, §53-13-2. Power of direction. Trust directors, §53-12-500. Principal. Fiduciary access to digital assets, §53-13-2. Revised trust code of 2010. Georgia principal and income act, §53-12-381. Private foundation. Revised trust code of 2010, §53-12-2. Projects. Georgia ports authority, §52-2-2. Proper identification. Operation of watercraft, §52-7-8.3. Property. Revised trust code of 2010, §53-12-2. Deed to acquire beneficial interest in property, §53-12-150. Wills, trusts and administration of estates, §53-1-20. Protected fresh waters, §52-7-3. Protected person. Fiduciary access to digital assets, §53-13-2. Publication. Probate courts, §53-11-9. Public corporation. Foreign trade zones, §52-10-1. Public sale. Boats and other watercraft, foreclosure sales, §52-7-75. Published. Probate courts, §53-11-9. Purchase money resulting trust, §53-12-131. Qualified. Wills, trusts and administration of estates, §53-1-2. Qualified beneficiary. Revised trust code of 2010, §53-12-2.

DEFINED TERMS - Cont’d Record. Fiduciary access to digital assets, §53-13-2. Register. TODS, §53-5-61. Registering entity. TODS, §53-5-61. Regulatory markers. Boats and other watercraft, §52-7-20. Remote computing service. Fiduciary access to digital assets, §53-13-2. Reportable boating accident, §52-7-3. Residuary testamentary gift. Wills, §53-4-59. Resulting trust, §53-12-130. Revenue bonds. Georgia ports authority, §52-2-2. Rules and regulations. Boats and other watercraft, §52-7-8. Capacity plates, violations, §52-7-51. Boats and other watercraft, violation of provisions, §52-7-26. Sailboard, §52-7-3. Seaport. Georgia ports authority, §52-2-2. Second trust. Trusts and trustees, invasion of principal, §53-12-62. Security. TODS, §53-5-61. Security account. TODS, §53-5-61. Separate fund. Georgia principal and income act, §53-12-425. Service by publication. Probate courts, §53-11-9. Service of notice. Probate courts, §53-11-9. Settlor. Revised trust code of 2010, §53-12-2. Settlor’s spouse. Trusts and trustees, inter vivos marital trusts, §53-12-82. Sewage. Boats and other watercraft, §52-7-3. Short-term anchoring. Anchorage restrictions, §52-7-8.4. Specific testamentary gift. Wills, §53-4-59. Spendthrift provision. Revised trust code of 2010, §53-12-2. Structure. Navigable streams, §52-1-32.

INDEX DEFINED TERMS - Cont’d Structure - Cont’d Protection of tidewaters, §52-1-3. Sui juris. Wills, trusts and administration of estates, §53-1-2. Suspension. Interstate boating violator compact, §52-7-30. Temporary administrator. Wills, trusts and administration of estates, §53-1-2. Terms-of-service agreements. Fiduciary access to digital assets, §53-13-2. Terms of the trust. Georgia principal and income act, §53-12-381. Testamentary gift. Wills, trusts and administration of estates, §53-1-2. Tidewaters, §52-1-3. Trust. Personal representative granted trustee powers by probate court, §53-12-261. Revised trust code of 2010, §53-12-2. Wills, incorporation by reference of powers, §53-12-263. Trust directors, §53-12-500. Trustee. Fiduciary access to digital assets, §53-13-2. Personal representative granted trustee powers by probate court, §53-12-261. Revised trust code of 2010, §53-12-2. Georgia principal and income act, §53-12-381. Wills, incorporation by reference of powers, §53-12-263. Trust instrument. Revised trust code of 2010, §53-12-2. Trust property. Revised trust code of 2010, §53-12-2. Unborn child. Feticide by vessel, §52-7-12.3. Undistributed income. Principal and income act, §53-12-402. Undocumented vessel, §52-7-3. Users. Fiduciary access to digital assets, §53-13-2. Vessel, §52-7-3. Abandoned vessels, §52-7-70.

DEFINED TERMS - Cont’d Vessel - Cont’d Boating under the influence, §52-7-12. Interstate boating violator compact, §52-7-30. Watercraft, §52-7-40. Waters of the state. Boats and other watercraft, §52-7-3. Will. Fiduciary access to digital assets, §53-13-2. Wills, trusts and administration of estates, §53-1-2. DEMONSTRATIVE TESTAMENTARY GIFT. Wills, §53-4-59. Order for payment of debts, §53-4-63. Time for bearing interest, §53-4-61. DEPENDENT RELATIVE REVOCATION. Wills, §53-4-45. DEPOSITIONS. Pilots and pilotage. Board of pilotage commissioners. Appeal from board to superior court, §52-6-43. Nonresidents and seamen, §52-6-41. Fees of commissioner or notary public, §52-6-44. Probate of wills. Examination of witnesses, §53-5-23. Wills. Probate of wills, §53-5-23. DEPOTS. Medical depot. Conveyance to Georgia ports authority, §52-2-14. DEPRECIATION. Trusts. Transfers from income to principal for, §53-12-452. DERANGEMENT. Pilots. Authority of commission to suspend, §52-6-37. DESCENDANTS. Descent and distribution. General provisions, §§53-2-1 to Letters of administration. Notice of issuance, §53-6-22. Probate of wills, §§53-5-1 to 53-5-51.

INDEX DESCENDANTS - Cont’d Simultaneous death, §§53-10-1 to Wills. Generally, §§53-4-1 to 53-4-74. Probate of wills, §§53-5-1 to 53-5-51. Year’s support. General provisions, §§53-3-1 to DESCENT AND DISTRIBUTION, §§53-2-1 to 53-2-51. Administration of estates generally, §§53-7-1 to 53-7-78. Administrator appointed for intestate. Vesting of title, §53-2-7. Advancements, §§53-1-10 to 53-1-13. Consideration when computing distribution of estate, §53-1-13. Hotchpot, §53-1-12. Lifetime transfers, §53-1-10. Taking advancement into account, §53-1-12. Consideration when computing distribution of transferor’s estate, §53-1-13. Valuation, §53-1-11. Afterborn children. Considered children in being at decedent’s death, §53-2-1. Ancillary proceedings. Intestate nondomiciliary owning real property in state, §§53-5-38, Artificial insemination, children conceived by, §53-2-5. Death of spouse. Spouse intestate and without ascertainable heirs, §53-2-8. Dispensing with administration, §§53-2-40 to 53-2-42. Citation, issuance, §53-2-41. Objections to citation or order, §53-2-41. Order, issuance, §53-2-41. Petition, §53-2-40. Right of action by creditor, §53-2-42. DNA testing for kinship. Judicial determination of heirs and interests, §53-2-27. Escheat. Definition, §53-2-50. Procedure, §53-2-51. Executors and administrators. Generally, §§53-6-1 to 53-6-64.

DESCENT AND DISTRIBUTION - Cont’d General provisions, §§53-2-1 to 53-2-8. Half-bloods. Considered equally with whole-blood, §53-2-1. Illegitimacy. Inheritance by children born out of wedlock, §53-2-3. Inheritance from children born out of wedlock, §53-2-4. Inheritance by slayer of decedent, §53-1-5. In-kind distribution, §§53-2-30 to Authority of administrator, §53-2-30. Manner of distribution as provided for in will, §53-2-30. Orders of probate court, §53-2-32. Petition in probate court, §53-2-31. Probate court orders, §53-2-32. Pro rata distribution, §53-2-31. Judicial determination of heirs and interests, §§53-2-20 to 53-2-27. Conclusiveness of findings, §53-2-26. DNA testing for kinship, §53-2-27. Filing of petition, §53-2-21. Findings of superior or probate court, effect, §53-2-26. Intervention by person claiming to be heir or distributee, §53-2-25. Jurisdiction of probate or superior court, §53-2-20. Petition. Filing, §53-2-21. Person claiming to be heir or distributee, §53-2-22. Probate court procedure, §53-2-24. Superior court procedure, §53-2-23. Kinship. Relationship through two or more lines, §53-2-6. Rules of inheritance generally, §53-2-1. Nondomiciliary intestate owning real property in state, §§53-5-38, Possession of property, vesting of title, §53-2-7. Probate court proceedings generally, §§53-11-1 to 53-11-11. In-kind distribution, orders, §53-2-32. Judicial determination of heirs and interests, §§53-2-20, 53-2-24. Renunciation of succession to property, §53-1-20.

INDEX DESCENT AND DISTRIBUTION - Cont’d Rules of inheritance, §53-2-1. Illegitimate children, inheritance by, §53-2-3. Illegitimate children, inheritance from, §53-2-4. Relationship through two or more lines, §53-2-6. Simultaneous death act, §§53-10-1 to Slayer statute, §53-1-5. Spouse of decedent, death of. Intestate and without ascertainable heirs, §53-2-8. Time in which title vest in decedents’ heirs. Administrator not appointed, §53-2-7. Title, vesting of title to property, §53-2-7. Wills. Generally, §§53-4-1 to 53-4-74. Probate of wills, §§53-5-1 to 53-5-51. DETRIMENTAL MATERIALS AND WASTE. Waters of the state. Discharge of substances dangerous to navigation or property, §§52-8-1 to DEVELOPMENT. Harbors. Dredging operations, §§52-9-1, 52-9-2. Rivers. Dredging operations, §§52-9-1, 52-9-2. DEVISAVIT VEL NON. Probate of wills. Admission of executor or beneficiary before qualification, §53-5-6. DEVISES. Wills. General provisions, §§53-4-1 to

DISTRICT ATTORNEYS. Charitable trusts. Actions relating to rights of beneficiaries. Representation of beneficiaries and state, §53-12-174. Trusts. Charitable trusts. Actions relating to rights of beneficiaries. Representation of beneficiaries and state, §53-12-174. DIVESTITURES. Executors and administrators. Sale or conveyance of real property. Liens on real property may be divested, §53-8-13. DIVIDENDS. Principal and income act. Allocation of payments characterized as, §53-12-425. Trusts. Principal and income. Allocation of payments characterized as, §53-12-425. DIVORCE. Wills. Effect of divorce of testator. Revocation, §53-4-49. DNA. Descent and distribution. Judicial determination of heirs and interests. DNA testing for kinship, §53-2-27. DOCKETS. Executors and administrators. Persons liable to make returns, §53-7-72. Probate courts. Administration of estates. Persons liable to make returns, §53-7-72.

DINGHIES. Numbering, §52-7-6. DIRECTED TRUSTS. Trust directors, §§53-12-500 to DISCLAIMERS. Wills. Renunciation of succession to property, §53-1-20. DISCONTINUANCE. Watercraft certificates, §52-7-5.

DISTRESS WARRANTS. Board of pilotage commissioners. Warrant of distress, §52-6-38.

DOCKS. Boat speed restrictions, §52-7-14. Georgia ports authority. General provisions, §§52-2-1 to Personal watercraft. Speed restrictions when operating close to, §52-7-8.2.

INDEX ELECTRONIC RECORDS AND SIGNATURES. Fiduciary access to digital assets, §§53-13-1 to 53-13-40.

DOGS. Trust created to provide for care of animal, §53-12-28. DOMICILE. Probate of wills, §53-5-1.

EMAIL. Fiduciary access to digital assets, §§53-13-1 to 53-13-40.

DONATIONS. Intracoastal waterway. Department of transportation. Receipt and use of donations, §52-3-7. DOWER. Abolished, §53-1-3. DREDGING. Navigation channels within tidal inlets, harbors and rivers. Policy of state, disposition of sand and sediment, §§52-9-1, 52-9-2. DRUGS. Aquaplanes. Operation while under influence of drugs, §52-7-12.1. Boats and other watercraft. Operation of boats while under influence of drugs, §52-7-12. Administration of tests, implied consent, §52-7-12.5. Release on unsecured judicial release prohibited, §52-7-26. Suspension of operating privilege, §§52-7-12.5, 52-7-12.6. Surfboards. Operation while under influence of drugs, §52-7-12.1. Water skis. Operation while under influence of drugs, §52-7-12.1.

ENCROACHMENTS. Public roads. Canals, §52-4-13. ENCUMBRANCES. Year’s support. Approval of probate court. Encumbrance by surviving spouse of property set aside, §53-3-20. Effect of encumbrance by surviving spouse of property set aside, §53-3-19. ENDANGERING CHILD. Boats and other watercraft. Person transporting child in watercraft while under influence of alcohol or drugs, §52-7-12.

DRUNKENNESS. Pilots, §52-6-37.

ENGINE CUTOFF SWITCH. Personal watercraft, requirement, §52-7-8.2.

E ELBA ISLAND. Boating safety zones for maritime and homeland security, §52-7-13. ELECTION OF REMEDIES. Wills. Election by beneficiary owning testamentary gift, §53-4-70. Election of beneficiary with claim adverse to will, §53-4-69.

EMINENT DOMAIN. Canal companies. Disagreements as to compensation for taking of lands, §52-4-15. Powers generally, §52-4-8. Georgia ports authority. Powers of authority. Acquisition of property, §52-2-9. Georgia principal and income act. Proceeds of property taken by. Allocation to principal, §53-12-420. Intracoastal waterway. Department of transportation, §§52-3-4, 52-3-5. Principal and income act. Proceeds of property taken by. Allocation to principal, §53-12-420.

ENGINES. Boats and other watercraft. Exhausts to be muffled, §52-7-10. Required equipment generally, §52-7-8. ENVIRONMENTAL PROTECTION. Trusts. Disbursements from principal, §53-12-451.

INDEX EQUITY. Decedents’ estates, administration. Common law and equity principles. Applicability to wills, trusts and administration of estates unless otherwise modified, §53-1-9. Trusts. Common law and equity principles. Applicability to wills, trusts and administration of estates unless otherwise modified, §53-1-9. Subject of equity jurisdiction, §53-12-6. Wills. Common law and equity principles. Applicability to wills, trusts and administration of estates unless otherwise modified, §53-1-9. ESCHEAT. Descent and distribution. Definition, §53-2-50. Procedure, §53-2-51. ESTATES. Descent and distribution. General provisions, §§53-2-1 to ESTATE TAX. Marital deduction determined by federal estate tax. Distribution of assets by executor, administrator or trustee, §53-4-74. EVIDENCE. Executors and administrators. Sale or conveyance of property. Recital in personal representative’s deed of compliance with legal provisions, §53-8-13. Settlement of accounts. Final receipts, §53-7-65. Return allowed and recorded, §53-7-70. Express trust. Parol evidence. Construction of trust at issue, §53-12-27. Implied trusts. Parol evidence. Nature of transaction, circumstances, conduct of parties, §53-12-133. Navigation companies. Certificate of incorporation. Evidence of corporation’s existence and compliance with chapter, §52-5-5.

EVIDENCE - Cont’d Parol evidence. Trusts. Express trust. Construction of trust at issue, §53-12-27. Implied trusts. Nature of transaction, circumstances, conduct of parties, §53-12-133. Probate of wills. Admission of executor before qualification or of beneficiary, §53-5-6. Trusts. Parol evidence. Express trust. Construction of trust at issue, §53-12-27. Implied trusts. Nature of transaction, circumstances, conduct of parties, §53-12-133. EXECUTIONS. Executors and administrators. Judgments against executors or administrators, §53-7-52. EXECUTORS AND ADMINISTRATORS. Accounts. Settlement of accounts, §§53-7-60 to Actions against personal representatives, §§53-7-10 to Accounts. Failure to settle and account with heir or beneficiary, §53-7-19. Allowable defenses, §53-7-10. Action originating in lifetime of decedent, §53-7-11. Bond for failure to settle and account with heir or beneficiary, §53-7-19. Bond of removed personal representative, §53-7-18. Bond upon liability of decedent, §53-7-20. Breach of fiduciary duty. Damages, injunctions, etc, actions for, §53-7-54. Common bond, §53-7-17. Defenses, §53-7-10. Action originating in lifetime of decedent, §53-7-11.

INDEX EXECUTORS AND ADMINISTRATORS - Cont’d Actions against personal representatives - Cont’d Entering of judgment, §53-7-22. Execution, §53-7-22. Property upon which levied, §53-7-23. In terrorem conditions to prevent action against personal representatives, unenforceable, §53-4-68. Joint and several liability, §53-7-16. Joint personal representatives. Survival of actions, §53-7-12. Levy upon property, §§53-7-21 to Liability of decedent. Action on bond and return of execution marked nulla bona, §53-7-20. Liability on common bond, §53-7-17. Newly appointed personal representatives, §53-7-14. Nulla bona executions, §53-7-20. Personal representative, defined, §53-7-10. Property judgments, §53-7-21. Property upon which levied, §53-7-23. Removed personal administrator, §53-7-14. Removed personal representative. Liability of sureties on bond, §53-7-18. Service of process, §53-7-13. Sureties. Conservators’ bonds, §53-7-15. Guardians’ bonds, §53-7-15. Joint and several liability, §53-7-16. Liability on bond of removed personal representatives, §53-7-18. Survival of actions, §53-7-12. Additional powers, §53-7-1. Administrator with will annexed. Application of provisions, §53-7-3. Ancillary proceedings. Foreign personal representatives, §§53-5-42 to 53-5-47. Probate of foreign or out-of-state wills, intestate nondomiciliary, §§53-5-30 to 53-5-41. Annual returns. Settlement of accounts, §§53-7-67 to

EXECUTORS AND ADMINISTRATORS - Cont’d Appeals. Sale or conveyance of property, §53-8-13. Settlement of accounts, §53-7-62. Intermediate reports, §53-7-74. Application of provisions. Discharge of temporary administrator, §53-7-52. Appointment. Affirmation of executor or administration with will annexed, §53-6-16. Beneficiary selection, §53-6-14. Court appointments, §53-6-13. Declination of appointment, §53-6-12. Nomination by testator, §53-6-10. Oath of executor or administrator with will annexed, §53-6-16. Petition for letters of administration with will annexed, §53-6-15. Qualifications, §53-6-11. Assets. Settlement of accounts. Refunding bonds, §53-7-66. Attorneys at law. Powers and duties of personal representatives, §53-7-6. Beneficiaries selections, §53-6-14. Bonds, surety, §§53-6-50 to 53-6-54. Actions against personal representatives, §§53-7-15 to Common bond, §53-7-17. Failure to settle and account, §53-7-19. Removed representative’s bond, §53-7-18. County administrators, §§53-6-41 to Custody of bond, §53-6-54. Investment bonds, §53-8-3. Mismanagement by unbonded personal representative, §53-6-53. Persons required to give, §53-6-50. Qualification to serve without bond, §53-6-53. Recordation of bond, §53-6-54. Reduction, §53-6-52. Requirements generally, §53-6-51. Settlement of accounts. Refunding bonds, §53-7-66. Terms generally, §53-6-51. Breach of fiduciary duty. Discharge and resignation of personal representative, §53-7-54.

INDEX EXECUTORS AND ADMINISTRATORS - Cont’d Caveats to wills, executors pending litigation of. Powers of executors, §53-7-4. Claims against or in favor of estate, §§53-7-40 to 53-7-45. Compromise of claims, §53-7-45. Debts, §53-7-42. Compelling heirs or beneficiaries to contribute to payment, §53-7-43. Satisfaction, §53-7-44. Liability of estate, §53-7-40. Notice, §53-7-41. Payment of debts, §53-7-42. Compelling heirs or beneficiaries to contribute, §53-7-43. Priority of claims, §53-7-40. Recovery of debts, §53-7-42. Satisfaction of debts, §53-7-44. Settling claims, §53-7-45. Common law. Applicability to wills, trusts and administration of estates unless otherwise modified, §53-1-9. Compensation, §§53-6-60 to 53-6-64. Amount of compensation, §53-6-60. Beneficiary representatives, §53-6-60. Business enterprises owned by decedent. Compensation to representative from business enterprise, §53-6-63. County administrators, §53-6-36. Expenses, §53-6-61. Extra compensation, §53-6-62. Business enterprise compensation. Mutually exclusive right, §53-6-63. Forfeiture of commissions, §53-6-60. Multiple representatives on one estate, §53-6-60. Petition for extra compensation, §53-6-62. Renunciation of right to compensation, §53-6-60. Temporary administrators, §53-6-64. Compromise of claims. Claims against or in favor of estate, §53-7-45. Conservator for incapacitated adult. Actions against personal representatives. Conservators’ bonds, §53-7-15. Powers and duties of personal representatives, §53-7-8.

EXECUTORS AND ADMINISTRATORS - Cont’d Conservator for minor. Actions against personal representatives. Conservators’ bonds, §53-7-15. Powers and duties of personal representatives, §53-7-8. Contracts. Powers and duties of personal representatives, §53-7-6. Conversion of intermeddling in personal estate of unrepresented person. Executor de son tort, §53-6-2. Conversion of personalty of decedent. Liability for wrongful conversion, §53-6-2. Costs. Settlement of accounts, §53-7-78. County administrators, §§53-6-35 to Additional security on bond, §§53-6-42, Appointment, §53-6-35. Appointment for sole purpose of commencing or continuing lawsuit against estate, §53-6-40. Bond, §53-6-41. Additional security, §53-6-42. Proceedings to require, §53-6-43. Compensation, §53-6-36. Continuation of duties until letters of administration revoked, §53-6-37. County guardians. Appointment of additional county administrators to serve as, §53-6-35. Letters of administration granted for each estate of county administrator, §53-6-40. Letters of administration, revocation, §53-6-42. Qualifications, §53-6-36. Resignation of office, §53-6-37. Revocation of letters of administration, §53-6-42. Settlement of estate without administration, §53-6-44. Term of office, §53-6-37. Unrepresented estate, administration by clerk of superior court, §53-6-39. Unrepresented estate, administration by county administrator, §53-6-38.

INDEX EXECUTORS AND ADMINISTRATORS - Cont’d Court appointment, §53-6-13. Declining of right to serve, §53-6-12. Defenses in actions against representative, §53-7-10. Actions during lifetime of decedent, §53-7-11. Descent and distribution. In-kind distribution, authority of administrator, §53-2-30. Discharge and resignation of personal representatives, §§53-7-50 to 53-7-56. Action against discharged personal representatives, §53-7-50. Application of provisions. Temporary administrators, §53-7-52. Breach of fiduciary duties, §53-7-54. County administrators, §53-6-37. Disposition of unclaimed funds, §53-7-51. Fiduciary duties, breach of, §53-7-54. Fraud, §53-7-53. Hearings, §53-7-50. Objections to discharge, §53-7-50. Petitions. By personal representative, §53-7-50. Procedure for resignation, §53-7-56. Resignation, §53-7-56. Revocation of letters, §53-7-55. Sanctions, §53-7-55. Subsequently discovered estate. Appointment of discharged representative or successor to administer, §53-7-50. Temporary administrator, §53-7-52. Unclaimed funds, §53-7-51. Void because of fraud, §53-7-53. Dispensing with administration, §§53-2-40 to 53-2-42. Disposal of property. Sale or conveyance of property, §§53-8-10 to 53-8-15. Duties of personal representatives. Powers and duties generally, §§53-7-1 to 53-7-8. Eligibility, §53-6-1. Equity principles. Applicability to wills, trusts and administration of estates unless otherwise modified, §53-1-9. Executor de son tort, §53-6-2.

EXECUTORS AND ADMINISTRATORS - Cont’d Expenses, §53-6-61. Payment of debts of testator and expenses of administration, §53-4-63. Failure of nominated executor to qualify, §53-6-11. Fiduciary access to digital assets. Applicability of provisions to personal representative for decedent, §53-13-3. Generally, §§53-13-1 to 53-13-40. Foreign entities acting in fiduciary capacity, §§53-12-320 to 53-12-323. Foreign or out-of-state wills. Probate and intestate nondomiciliary, §§53-5-30 to 53-5-41. Foreign personal representatives, §§53-5-42 to 53-5-47. Adjudication as to personal property, effect, §53-5-47. Copy of letters or like documentation. Evidence of authority, §53-5-43. Deeds executed or delivered. Copy of letters and will attached as exhibit, §53-5-43. Evidence of authority, §53-5-43. Jurisdiction of courts of state, §53-5-45. Powers if ancillary probate or administration not granted or pending, §53-5-42. Service of process on, §53-5-46. Suspension of authority. Filing petition for ancillary probate or administration, §53-5-42. Third parties dealing with representative, protection, §53-5-43. Wills, exercise of powers when acting pursuant to, §53-5-42. General provisions. Eligibility, §53-6-1. Executor de son tort, §53-6-2. Qualifications, §53-6-1. Guardian and ward. Actions against personal representatives. Guardians’ bonds, §53-7-15. Hearings. Discharge and resignation hearings, §53-7-50. Settlement of accounts. Intermediate reports, §53-7-74.

INDEX EXECUTORS AND ADMINISTRATORS - Cont’d Intermediate reports. Settlement of accounts, §§53-7-73 to Inventory, §§53-7-30 to 53-7-34. Contents, §53-7-30. Dispense with, §53-7-33. Failure to return correct inventory. Grounds for removal, §53-7-34. Filing, §53-7-30. Joint making, §53-7-31. Making. Power of testator to dispense with, §53-7-33. Proof of joint possession of assets, §53-7-31. Relieving of duty to make, §53-7-32. Removal of personal representative for failure to return correct inventory, §53-7-34. Testator’s power to dispense with, §53-7-33. Waiver of right to receive, §53-7-32. Investments by personal representatives, §§53-8-1 to Authorized investments, §53-8-1. Bonds, §53-8-3. Deviation from will or other disposition, §53-8-1. Government obligations, §§53-8-3, Interest-bearing deposits, §53-8-3. Prudent person rule, §53-8-1. Real property, §53-8-2. Retention of property by personal representative, §53-8-5. Securities, §§53-8-3, 53-8-4. Standard of care, §53-8-1. Judgments. Actions against personal representatives. Levy upon property, §§53-7-21 to Judgment surcharging fiduciary. Settlement of accounts, §53-7-76. Jurisdiction. Settlement of accounts, §53-7-60. Letters of administration, §§53-6-20 to 53-6-24. Appointment of administrator, §§53-6-15, 53-6-16. Preferences, §53-6-20. Appointment of executor, §§53-6-15,

EXECUTORS AND ADMINISTRATORS - Cont’d Letters of administration - Cont’d County administrators. Continuation of duties until letters revoked, §53-6-37. Revocation of letters, §53-6-42. Separate letters for each estate, §53-6-40. Issuance, §53-6-23. Missing persons and persons believed to be dead, §53-9-4. Revocation of letters upon proof that missing individual is alive, §53-9-5. Notice to heirs of decedent, §53-6-22. Oath or affirmation of administrator, §53-6-24. Petition. Contents, §53-6-21. Notice, §53-6-22. Selection of administrator. Preferences, §53-6-20. Temporary administration, §§53-6-30, Letters of administration with the will annexed, §§53-6-15, 53-6-16. Letters testamentary. Missing persons and persons believed to be dead, §53-9-4. Revocation of letters upon proof that missing individual is alive, §53-9-5. Levy upon property. Actions against personal representatives, §§53-7-21 to Marital deduction testamentary gift or transfer. Distribution of assets, §53-4-74. Minors. Powers and duties of personal representatives, §53-7-8. Missing persons and persons believed to be dead. Administration of estates, §§53-9-1 to 53-9-8, 53-9-20. Conservators of estates, §§53-9-10 to 53-9-16, 53-9-21. Motions. Discharge and resignation of personal representatives. Fraudulent discharges, §53-7-53. Settlement of accounts. Construction of wills, §53-7-75.

INDEX EXECUTORS AND ADMINISTRATORS - Cont’d Nomination by testator, §53-6-10. Nonqualification by nominated executor, §53-6-11. Notice. Compensation of administration. Petition for extra compensation, §53-6-62. Creditors to render accounts, §53-7-41. Letters of administration, §53-6-22. Sale or conveyance of property, §53-8-13. Settlement of accounts. Intermediate reports, §53-7-73. Nulla bona executions, §53-7-20. Orders. Sale or conveyance of property, §53-8-13. Settlement of accounts. Intermediate reports. Conclusiveness of order, §53-7-77. Personal representative. Defined, §53-7-10. Petitions. Discharge and resignation of personal representatives. Petition by personal representative, §53-7-50. Letters with will annexed, §53-6-15. Sale or conveyance of property, §53-8-13. Settlement of accounts. Filing of petitions, §53-7-61. Powers and duties, §§53-7-1 to 53-7-8. Additional powers, §53-7-1. Administrator with will annexed, §53-7-3. Beneficiaries without guardians, §53-7-8. Borrowing money, §53-7-6. Caveats to wills, executors pending litigation of, §53-7-4. Contracts, §53-7-6. Disposition of income received during administration, §53-7-7. Entire estate, §53-7-2. Enumeration of powers generally, §53-7-6. Generally, §§53-7-1, 53-7-6. Income received during administration, §53-7-7. Minor heirs, support and education, §53-7-8. More than one personal representative, §53-7-5.

EXECUTORS AND ADMINISTRATORS - Cont’d Powers and duties - Cont’d Residuum, §53-7-2. Safe deposit boxes, §53-7-5. Temporary administrators, §53-7-4. Trustee powers granted to personal representatives, §53-12-261. Principal and income act, §§53-12-380 to 53-12-431. Probate court proceedings, §§53-11-1 to 53-11-11. Probate of wills. Admission of executor before qualification, §53-5-6. Foreign or out-of state wills and intestate nondomiciliary, §§53-5-30 to 53-5-41. Generally, §§53-5-1 to 53-5-51. Recovery of expenses, §53-5-26. Right to offer will for probate, §53-5-2. Publication. Notice of petition for letters of administration, §53-6-22. Qualifications, §53-6-1. Appointment, §53-6-11. Receipts and disbursements. Annual statement to heirs or beneficiaries, §53-7-69.1. Recordation. Bonds, surety, §53-6-54. Settlement of accounts. Final receipts, §53-7-65. Reduction in value of estate. Bonds, surety, reduction in conjunction with reduction in estate’s value, §53-6-52. Renouncing succession. Persons who may renounce, §53-1-20. Reports. Intermediate reports. Settlement of accounts, §§53-7-73 to Residuum. Powers and duties of personal representatives. Distribution of residuum, §53-7-2. Resignation. Discharge and resignation generally, §§53-7-50 to 53-7-56. Returns. Annual returns. Settlement of accounts, §§53-7-67 to Safe deposit boxes. Powers and duties of personal representatives, §53-7-5.

INDEX EXECUTORS AND ADMINISTRATORS - Cont’d Sale or conveyance of property. Appeals, §53-8-13. Assent to passage of title, §53-8-15. Authority of personal representative, §53-8-10. Expensive-to-keep property, §53-8-11. Liens on real property, §53-8-13. Notice, §53-8-13. Objections, §53-8-13. Order for sale, §53-8-13. Perishable property, §53-8-11. Petitions, §53-8-13. Procedures, §53-8-13. Stocks or bonds, §53-8-12. Temporary administrators, §53-8-10. Title to property. Passage to heirs or beneficiaries, §53-8-15. Warranties, §53-8-14. Sanctions. Discharge and resignation of personal representatives, §53-7-55. Service of process. Actions against personal representatives, §53-7-13. Breach of fiduciary duties. Damages, injunctions, etc, actions for, §53-7-54. Powers and duties. Petitions to exercise powers, notice, §53-7-6. Settlement of accounts, §§53-7-60 to Accounting for income on property administered, §53-7-64. Actions against personal representatives. Failure to settle and account with heir or beneficiary, §53-7-19. Additional time to settle, §53-7-62. Annual returns. Deceased personal representatives, §53-7-71. Dispensing with, §53-7-69. Dockets, §53-7-72. Duty to file, §53-7-68. Evidentiary effect of return allowed and recorded, §53-7-70. Examination, §53-7-70. Failure to make, §53-7-72. Mailing, §53-7-68. Nonresident representatives, §53-7-71.

EXECUTORS AND ADMINISTRATORS - Cont’d Settlement of accounts - Cont’d Annual returns - Cont’d Recordation of returns and vouchers, §53-7-70. Relieving representative of duty to file, §53-7-68. Required filing, §53-7-67. Appeals, §53-7-62. Intermediate reports, §53-7-74. Appearances, §53-7-62. Conclusiveness of settlement, §53-7-62. Concurrent jurisdiction with probate court, §53-7-60. Construction of will. Probate court responsibility, §53-7-75. Costs. Taxing of costs, §53-7-78. County administrators. Settlement without administration, §53-6-44. Evidence. Final receipts, §53-7-65. Return allowed and recorded, §53-7-70. Failure to appear, §53-7-62. Failure to settle and account. Action against representative, §53-7-19. Filing of petitions, §53-7-61. Final receipts, §53-7-65. Final settlement, §53-7-63. Income on property administered, §53-7-64. Indemnification of personal representatives. Refunding bonds, §53-7-66. Intermediate reports. Appeals, §53-7-74. Conclusiveness of order, §53-7-77. Construction of will, §53-7-75. Contents, §53-7-73. Costs, §53-7-78. Filing, §53-7-73. Hearings, §53-7-74. Judgment surcharging fiduciary, §53-7-76. Objections, §§53-7-73, 53-7-74. Order of probate court. Conclusiveness of order, §53-7-77. Time for filing, §53-7-73. Jurisdiction, §53-7-60. Liability of representative. Judgment surcharging fiduciary, §53-7-76.

INDEX EXECUTORS AND ADMINISTRATORS - Cont’d Settlement of accounts - Cont’d Making final settlement, §53-7-63. Notice for creditors to render accounts, §53-7-41. Petitions. Filing, §53-7-61. Receipts and disbursements. Annual statement to heirs or beneficiaries, §53-7-69.1. Recordation of final receipts, §53-7-65. Refunding bonds, §53-7-66. Reports. Annual returns, §53-7-67. Intermediate reports, §§53-7-73 to Service of process. Unsuccessful service, sufficiency, §53-7-62. Taxing of costs, §53-7-78. Testator’s power to dispense with necessity of return, §53-7-69. Time representative to account for income on property, §53-7-64. Settlement of claims for or against estate, §53-7-45. Temporary administration. Action by temporary administrator for collection of debt, §53-6-31. Appointment of temporary administrator, §53-6-30. Compensation of temporary administrator, §53-6-64. Oath or affirmation of temporary administrator, §53-6-32. Powers of temporary administrator, §§53-6-31, 53-7-4. Right of appeal from order granting temporary letters, §53-6-30. Settlement agreements. Authority of temporary administrator to bring, support or oppose agreement, §53-6-31. Year’s support. Appointment of temporary administrator, §53-3-21. Time for nominated executor to qualify, §53-6-11. Trustees. Dealings with fiduciary of estate, powers, §53-12-261. Incorporation of powers by reference, §53-12-263.

EXECUTORS AND ADMINISTRATORS - Cont’d Trusts. Representation and binding of other persons. Personal representatives of estate, interested persons, §53-12-8. Unclaimed funds. Disposition upon discharge of representatives, §53-7-51. Year’s support. Temporary administrator. Appointment, §53-3-21. EXECUTORS DE SON TORT. Executors and administrators, §53-6-2. EXEMPLIFICATIONS. Probate court proceedings, §53-11-11. EXPRESS REVOCATION OF WILL, §53-4-42. Destruction or obliteration, §53-4-44. Subsequent will or document, §53-4-43. EXPRESS TRUSTS, §§53-12-20 to Animals. Created to provide care for, §53-12-28. Capacity, §53-12-23. Condition in terrorem. Void, exception, §53-12-22. Construction of trust at issue. Parol evidence, §53-12-27. Creation or declaration, §53-12-20. Any lawful purpose, §53-12-22. Capacity, §53-12-23. Care of animal, §53-12-28. Condition in terrorem. Void, exception, §53-12-22. No formal words necessary, §53-12-21. Words precatory in nature, §53-12-21. Creditors of settlor. Rules applicable to, §53-12-82. Defined, §53-12-2. Intention, trust property, beneficiary, trustee, trustee’s duties. Ascertainable with reasonable certainty, requirement, §53-12-20. Modification or revocation, §§53-12-40 to 53-12-45. Parol evidence. Construction of trust at issue, §53-12-27. Powers of trustee, §53-12-261.

INDEX EXPRESS TRUSTS - Cont’d Property added to existing trust, §53-12-26. Purposes, §53-12-22. Spendthrift provisions, §§53-12-80 to Transfer of property in trust, §53-12-25. Trustee or beneficiary same person. Trust not invalid or terminated, no merger of title, §53-12-24. Trusts generally. Revised trust code of 2010, §§53-12-1 to 53-12-455. Variation of provisions of chapter by trust instrument. Exception, §53-12-7. Writing signed by settlor or agent under power of attorney. Created or declared by, §53-12-20. F FEDERAL AID. Georgia ports authority. Acceptance by authority, §52-2-34. FEES. Boats and other watercraft. Marine toilets. Use on protected fresh waters. Application for certificate, §52-7-8.1. Numbering of vessels, §52-7-5. Dealers’ vessels, §52-7-7. Operation while under influence of alcohol or drugs. Reinstatement of operating privilege, restoration fee, §52-7-12.6. Canal companies. Petition for incorporation. Filing fee, §52-4-1. Deed to acquire beneficial interest in property. Deed creating estate. Filing with clerk, certification by secretary of state, §53-12-152. Navigation companies. Certificate of incorporation. Issuance, §52-5-4. Trusts. Deed to acquire beneficial interest in property. Deed creating estate. Filing with clerk, certification by secretary of state, §53-12-152.

FEES - Cont’d Year’s support. Probate court fees, §53-3-12. FELONIES. Boats and other watercraft. Feticide by vessel. First degree, §52-7-12.3. Homicide by vessel. First degree, §52-7-12.2. Hull identification numbers. Violation of provisions, §§52-7-7.1, Serious injury by vessel, §52-7-12.4. Feticide by vessel. First degree, §52-7-12.3. Homicide. Homicide by vessel. First degree, §52-7-12.2. Hull identification numbers. Violation of provisions, §§52-7-7.1, Serious injury by vessel, §52-7-12.4. FETICIDE. By vessel, §52-7-12.3. Release on unsecured judicial release prohibited, §52-7-26. FIDUCIARIES. Banks and trust companies. Foreign entities acting in fiduciary capacity, §§53-12-321 to Securities held in fiduciary capacity. Deposit in clearing corporations, §53-12-292. Registration in name of nominee, §§53-12-290, 53-12-291. Executors and administrators. Generally, §§53-6-1 to 53-6-64. Foreign entities acting in fiduciary capacity, §§53-12-321 to 53-12-323. Authority to act as, §53-12-321. Bond not required, circumstances, §53-12-321. Certificate of authority, requirement, §53-12-322. Establishing place of business, branch, agency in state. Prohibited without certificate of authority, §53-12-322. Service of process on. Foreign entity acting as trustee, §53-12-323.

INDEX FIDUCIARIES - Cont’d Foreign entities acting in fiduciary capacity - Cont’d State law relating to qualification to do business in state or licensing. Compliance not required to act as, §53-12-321. Verified statement filed with secretary of state, §53-12-323. Nonresidents. Foreign entities acting in fiduciary capacity, §§53-12-321 to Trustees. Eligibility to serve as, service of process on, §53-12-320. Foreign entity acting as trustee, §53-12-323. Trust directors. Statutory provisions applicable to trust directors, §53-12-506. Renouncing succession. Persons who may renounce, §53-1-20. Securities held in fiduciary capacity. Registration and deposit. Deposit in clearing corporations, §53-12-292. Registration in name of nominee. Banks and trust companies, §§53-12-290, 53-12-291. Trustees. Foreign entities acting in fiduciary capacity, §§53-12-321 to Revised Georgia trust code of 2010, §§53-12-1 to 53-12-455. FIDUCIARY ACCESS TO DIGITAL ASSETS, §§53-13-1 to 53-13-40. Accounts. Defined, §53-13-2. Termination of accounts. Fiduciaries of users may terminate accounts, §53-13-30. Agents. Custodians. Disclosures to agents, §53-13-16. Time for compliance, §53-13-31. Defined, §53-13-2. Applicability of provisions, §53-13-3. Catalogue of electronic communications. Defined, §53-13-2. Conservators. Applicability of provisions to conservatorships, §53-13-3.

FIDUCIARY ACCESS TO DIGITAL ASSETS - Cont’d Conservators - Cont’d Custodians. Disclosures to conservators, §53-13-20. Time for compliance, §53-13-31. Defined, §53-13-2. Content of an electronic communication. Defined, §53-13-2. Courts. Defined, §53-13-2. Custodians. Defined, §53-13-2. Disclosures. Access provided to fiduciary, §53-13-12. Administrative charges, §53-13-12. Agents, disclosures to, §53-13-16. Time for compliance, §53-13-31. Conservators, disclosures to, §53-13-20. Time for compliance, §53-13-31. Court orders for compliance, §53-13-31. Deleted assets, disclosure not required, §53-13-12. Direction to custodian by user, §53-13-10. Partial disclosures. Court order to disclose, §53-13-12. Personal representatives, disclosures to, §53-13-13. Catalogue of electronic communications, §53-13-14. Time for compliance, §53-13-31. Time for compliance, §53-13-31. Powers of attorney, disclosure under, §53-13-15. Time for compliance, §53-13-31. Time to comply with disclosure requirements, §53-13-31. Trustees, disclosures to, §53-13-17. Catalogue of electronic communications for trustee who is not original user, §53-13-19. Time for compliance, §53-13-31. Requests and accompanying documentation by trustee who is not original user, §53-13-18. Time for compliance, §53-13-31. Rights of custodians or users, §§53-13-10 to 53-13-20.

INDEX FIDUCIARY ACCESS TO DIGITAL ASSETS - Cont’d Custodians - Cont’d Terms-of-service agreements. Existing rights under agreements not modified, expanded, etc, by provisions, §53-13-11. Definitions, §53-13-2. Designated recipients. Defined, §53-13-2. Digital assets. Defined, §53-13-2. Fiduciary duties applicable to management of digital assets, §53-13-30. Electronic. Defined, §53-13-2. Electronic communications. Defined, §53-13-2. Electronic communication services. Defined, §53-13-2. Electronic Signatures in Global and National Commerce Act. Effect of state provisions, §53-13-40. Fiduciary. Defined, §53-13-2. Digital assets. Fiduciary duties applicable to management of digital assets, §53-13-30. Right of access by fiduciary, §53-13-30. Information. Defined, §53-13-2. Interpretation and construction. Electronic Signatures in Global and National Commerce Act. Effect of state provisions, §53-13-40. Online tool. Defined, §53-13-2. Person. Defined, §53-13-2. Personal representatives. Applicability of provisions to personal representative acting for decedent, §53-13-3. Custodians. Disclosures to personal representatives, §53-13-13. Catalogue of electronic communications, §53-13-14. Time for compliance, §53-13-31. Time for compliance, §53-13-31. Defined, §53-13-2. Powers of attorney. Applicability of provisions to fiduciary acting under power, §53-13-3.

FIDUCIARY ACCESS TO DIGITAL ASSETS - Cont’d Powers of attorney - Cont’d Custodians. Disclosures under power of attorney, §53-13-15. Time for compliance, §53-13-31. Defined, §53-13-2. Principal. Defined, §53-13-2. Protected persons. Defined, §53-13-2. Records. Defined, §53-13-2. Remote computing services. Defined, §53-13-2. Service of notice. Method of service, §53-13-4. Short title, §53-13-1. Terms-of-service agreements. Defined, §53-13-2. Trustees. Applicability of provisions to trustees, §53-13-3. Custodians. Disclosures to trustees, §53-13-17. Catalogue of electronic communications for trustee who is not original user, §53-13-19. Time for compliance, §53-13-31. Requests and accompanying documentation by trustee who is not original user, §53-13-18. Time for compliance, §53-13-31. Defined, §53-13-2. Users. Defined, §53-13-2. Disclosures. Direction to custodian by user, §53-13-10. Fiduciaries as authorized users, §53-13-30. Rights of custodians or users, §§53-13-10 to 53-13-20. Terms-of-service agreements. Existing rights under agreements not modified, expanded, etc, by provisions, §53-13-11. Wills. Applicability of provisions to fiduciary acting under will, §53-13-3. Defined, §53-13-2. FIERI FACIAS. Year’s support. Probate court fees, §53-3-12.

INDEX FINANCIAL INSTITUTIONS. Executors and administrators. Foreign entities acting in fiduciary capacity, §§53-12-320 to Fiduciaries. Foreign entities acting in fiduciary capacity, §§53-12-320 to Foreign entities acting in fiduciary capacity, §§53-12-320 to 53-12-323. Guardians. Foreign entities acting in fiduciary capacity, §§53-12-320 to Trustees. Foreign entities acting in fiduciary capacity, §§53-12-320 to FINES. Boats and other watercraft. Hull identification numbers. Violation of provisions, §§52-7-7.1, Operation under the influence, §52-7-12. Transfer of hull damaged vessel, failure to comply with requirements, §52-7-4. Hull identification numbers. Violation of provisions, §§52-7-7.1, Pilots and pilotage. Board of pilotage commissioners. Application of fines collected, §52-6-7. Assessment of fines and penalties, §§52-6-37, 52-6-38. Appeal to superior court, §§52-6-42, 52-6-43. Subpoenas. Failure of witness to answer, §52-6-40. Probate of wills. Failure to file will, §53-5-5. FIRE EXTINGUISHERS AND SUPPRESSION SYSTEMS. Boats and other watercraft. Required equipment, §52-7-8. FLOATING BOATHOUSES. Boat speed restrictions, §52-7-14.

FLORIDA. Pilots and pilotage. Reciprocal pilotage in port of St. Marys and tributaries of St. Marys river, §52-6-11. FLOTATION DEVICES. Accident reports, §52-7-14. Equipment required, §§52-7-8, 52-7-13, 52-7-16. Personal flotation device. Defined, §52-7-2. Personal watercraft. Required to be worn by person operating, §52-7-8.2. FORECLOSURES. Boats and other watercraft, §§52-7-73 to 52-7-77. Trustees. Powers, §53-12-261. FOREIGN ENTITIES ACTING IN FIDUCIARY CAPACITY, §§53-12-320 to 53-12-323. FOREIGN EXECUTORS AND ADMINISTRATORS, §§53-5-42 to FOREIGN OR OUT-OF-STATE WILLS. Probate generally and intestate nondomiciliary, §§53-5-30 to FOREIGN PERSONAL REPRESENTATIVES, §§53-5-42 to FOREIGN TRADE ZONES, §§52-10-1 to 52-10-4. Applications for privilege of establishing and operating, §§52-10-2, 52-10-3. Definitions. Public corporation, §52-10-1. Private corporations. Establishment and operation of foreign trade zone, §52-10-4. Application for privilege, §52-10-3. Public corporations. Defined, §52-10-1. Establishment and operation of foreign trade zone, §52-10-4. Application for privilege, §52-10-2.

INDEX G

FORFEITURES. Boats and other watercraft. Discharge of substances dangerous to navigation or property, §§52-8-1, Hull identification numbers. Forfeiture of vessels without HINs, §52-7-7.3. Pilots and pilotage. Board of pilotage commissioners. Actions to recover forfeitures, §52-6-6. Application of forfeitures collected, §52-6-7. Water resources. Discharge of substances dangerous to navigation or property, §§52-8-1,

GALLEY. Vessels including galley prohibited on certain lakes, §52-7-13. GARAGES. Service station. Unattended vessels. Removal to garage authorized, §52-7-72.

FORMS. Canal companies. Certificate of incorporation, §52-4-2. Deed to acquire beneficial interest in property. Deed creating trusts. Certification of filing with secretary of state, §53-12-152. Navigation companies. Certificate of incorporation, §52-5-3. Pilots and pilotage. Oath of pilot, §52-6-33. Self-proved will or codicil. Certificate affixed to affidavit, §53-4-24. Trusts. Deed to acquire beneficial interest in property. Deed creating trusts. Certification of filing with secretary of state, §53-12-152. Wills. Self-proved wills. Certificate affixed to affidavit, §53-4-24. FRAUD AND DECEIT. Wills. Testamentary capacity, §53-4-12. FUNDS. Georgia ports authority. Sinking fund, §52-2-31. FUNERAL EXPENSES. Year’s support. Effect on determination of solvency of estate, §53-3-7.

GARNISHMENT. Spendthrift provisions of trust. Validity as to claims subject to, §53-12-80. Trusts. Spendthrift provisions. Validity as to claims subject to, §53-12-80. GAS. Principal and income act. Allocation of receipts from interest in minerals and other natural resources, §53-12-427. Trusts. Principal and income. Allocation of receipts from interest in minerals and other natural resources, §53-12-427. Trustee’s power to manage real property, §53-12-261. GENERAL TESTAMENTARY GIFT. Wills, §53-4-59. Order for payment of debts, §53-4-63. Time for bearing interest, §53-4-61. GENETIC TESTING. Descent and distribution. Judicial determination of heirs and interests. DNA testing for kinship, §53-2-27. GEORGIA BOAT SAFETY ACT. General provisions, §§52-7-1 to Short title, §52-7-1. GEORGIA PORTS AUTHORITY. Appointment of members, §52-2-5. Arrest. Peace officers. Powers, §52-2-10. Bond issues. Revenue bonds, §§52-2-15 to 52-2-30. Citation of act. Short title, §52-2-1.

INDEX GEORGIA PORTS AUTHORITY - Cont’d Compensation of members, §52-2-6. Contracts. Competitive bidding requirement. Contract for new construction, §52-2-35. Revenue bonds. Bonds to constitute contract with bondholders, §52-2-27. Use of projects, §52-2-31. Contributions. Acceptance, §52-2-34. Trust funds. Status of moneys received, §52-2-36. Conveyances. Medical depot site. Conveyance to authority, §52-2-14. Creation, §52-2-4. Public purpose, §52-2-37. Definitions, §52-2-2. Duties. Delegation, §52-2-7. Eminent domain. Powers of authority. Acquisition of property, §52-2-9. Expenses of members. Reimbursement, §52-2-6. Federal aid. Acceptance by authority, §52-2-34. Funds. Sinking fund, §52-2-31. Georgia financing and investment commission. Approval of bond issues, §52-2-23. Interpretation and construction. Liberal construction of chapter, §52-2-38. Supplemental nature of chapter, §52-2-39. Investigations. Investigators. Powers and duties, §52-2-10. Investments, §52-2-36. Revenue bonds. Status as legal investments, §52-2-29. Leases and rentals. Assignment of rentals due, §52-2-32. Certain buildings or facilities, §52-2-3. Enforcement of lessees’ duty to perform covenants and obligations. Power of authority, §52-2-32. Powers as to, §52-2-31.

GEORGIA PORTS AUTHORITY - Cont’d Leases and rentals - Cont’d State obligations. Contracted-for rentals as, §52-2-32. Use of facilities and projects. Imposition and collection for, §52-2-33. Use of projects. Contracts and leases regarding, §52-2-31. Legislative declaration. Public purpose, §52-2-37. Local port authorities. Members eligible for membership, §52-2-8. Medical depot site. Conveyance to authority, §52-2-14. Powers as to, §52-2-14. Members, §§52-2-5 to 52-2-8. Motor vehicles. Roads within authority jurisdiction. Applicability of traffic laws, §52-2-10. Traffic citations, §52-2-10. Negotiable instruments. Revenue bonds. Status, §52-2-18. Officers, §52-2-5. Delegation of powers and duties, §52-2-7. Ordinances. Dock-related city ordinances. Enforcement by security guards, §52-2-10. Peace officers. Powers, §52-2-10. Perpetual existence, §52-2-7. Powers, §§52-2-9, 52-2-11, 52-2-31, Delegation, §52-2-7. Medical depot site, §52-2-14. Revenue bonds, §§52-2-9, 52-2-15. Projects. Defined, §52-2-2. Facilities acquired by authority. Inclusion in projects, §52-2-3. Leased facilities. Inclusion in projects, §52-2-3. Rules and regulations for operation, §52-2-33. Self-liquidating projects. Which projects deemed, §52-2-3. Property. Powers of authority as to, §52-2-9.

INDEX GEORGIA PORTS AUTHORITY - Cont’d Property - Cont’d Sale and other disposition, §52-2-11. Qualifications of members, §52-2-5. Local port authorities. Members ineligible for membership, §52-2-8. Real property. Acquisition of real property. Funds for, §52-2-12. Powers of authority, §52-2-9. State properties commission. Approval and consent, §52-2-13. Sale or other disposition of land, §52-2-11. Revenue bonds, §§52-2-15 to 52-2-30. Conditions precedent to issuance, §52-2-22. Confirmation of bonds, §52-2-30. Contract. Bonds to constitute, §52-2-27. Coupon form. Issuance in, §52-2-19. Debt of state. Bonds not to constitute, §52-2-24. Defined, §52-2-2. Denominations, §52-2-16. Deposits. Bonds as securities for deposits, §52-2-29. Destroyed bonds. Replacement, §52-2-21. Form of bonds, §52-2-16. Georgia financing and investment commission. Approval of bond issues, §52-2-23. Impairment of rights of bondholders prohibited, §52-2-27. Interest. Determination of rate, §52-2-15. Interim receipts and certificates. Issuance, §52-2-21. Investments. Legal investments, §52-2-29. Issuance, §52-2-15. Lost bonds. Replacement, §52-2-21. Maturity, §52-2-15. Mutilated bonds. Replacement, §52-2-21. Negotiable instruments. Status as, §52-2-18. Payment of principal and interest. Obligation to pay, §52-2-24.

GEORGIA PORTS AUTHORITY - Cont’d Revenue bonds - Cont’d Payment of principal and interest - Cont’d Place of payment, §52-2-16. Special fund, §52-2-15. Pledge of faith and credit of state. Bonds not to constitute, §52-2-24. Powers of authority, §§52-2-9, 52-2-15. Proceeds, §52-2-20. Purchase or redemption of bonds. Sinking fund, §52-2-31. Refunding bonds, §52-2-28. Registered form. Issuance in, §52-2-19. Remedies of bondholders, §52-2-26. Resolutions providing for issuance. Immediate effectiveness, §52-2-22. Revenue refunding bonds, §52-2-28. Sale of bonds, §52-2-20. Seal, §52-2-17. Security. Remedies of bondholders and trustee, §52-2-26. Trust indenture, §52-2-25. Signatures, §52-2-17. Sinking fund. Generally, §52-2-31. Status of bonds, §§52-2-18, 52-2-24, Tax exemption, §52-2-18. Covenant with bondholders as to tax-exempt status, §52-2-37. Temporary bonds. Issuance, §52-2-21. Trust funds. Status of moneys received, §52-2-36. Trust indenture, §52-2-25. Remedies of bondholders and trustee, §52-2-26. Validation of bonds, §52-2-30. Venue of actions in connection with, §52-2-30. Rules and regulations, §52-2-7. Projects, §52-2-33. Sales. Certain buildings or facilities, §52-2-3. Property of authority, §52-2-11. Status, §52-2-4. Taxation. Exemption from taxation. Covenant with bondholders as to tax-exempt status, §52-2-37. Revenue bonds. Exemption, §52-2-18.

INDEX GEORGIA PORTS AUTHORITY - Cont’d Terms of members, §52-2-5. Title of act. Short title, §52-2-1. Trusts and trustees. Status of moneys received as trust funds, §52-2-36. Vacancies. Filling, §52-2-5. Venue. Criminal actions, §52-2-10. Revenue bonds. Actions in connection with, §52-2-30. GEORGIA PORTS AUTHORITY ACT. General provisions, §§52-2-1 to Short title, §52-2-1. GEORGIA PRINCIPAL AND INCOME ACT. General provisions, §§53-12-380 to Short title, §53-12-380. GEORGIA TESTAMENTARY ADDITIONS TO TRUSTS ACT. General provisions, §§53-12-100 to Short title, §53-12-100. GIFTS. Charitable gifts. Effectuating settlor’s or donor’s intention, §53-12-172. Intracoastal waterway. Department of transportation. Receipt and use, §52-3-7. Presumption. Purchase money resulting trusts. Payors husband and wife, parent and child, siblings, §53-12-131. Purchase money resulting trusts. Payors husband and wife, parent and child, siblings. Gift presumed, §53-12-131. Renounced property. Treated as incomplete gift, §53-1-20. Resulting trusts. Purchase money resulting trusts. Payors husband and wife, parent and child, siblings. Gift presumed, §53-12-131.

GIFTS - Cont’d Trusts. Resulting trusts. Purchase money resulting trusts. Payors husband and wife, parent and child, siblings. Gift presumed, §53-12-131. GLUE. Boats and other watercraft. Operation of boats while under influence of glue, aerosol or toxic vapor, §52-7-12. GOAT ROCK LAKE. Operation of certain vessels prohibited, §52-7-13. GOOD FAITH. Accidents. Good Samaritan law. Boating accidents, §52-7-14. Boats and other watercraft. Foreclosures, §52-7-74. Foreclosures. Boats and other watercraft, §52-7-74. Georgia ports authority. Leases. Power of authority, §52-2-32. Good Samaritan law. Accidents. Boating accidents, §52-7-14. Leases. Georgia ports authority. Power of authority, §52-2-32. Trusts. Administration of trust by trustee, §53-12-240. Exercise of discretionary power by trustee, §53-12-260. GOOD SAMARITANS. Boats and other watercraft. Collisions, accidents and other casualties, §52-7-14. GOVERNOR. Appointments. Ports authority, §52-2-5. GRAMS. Boats and other watercraft. Driving under the influence. Blood alcohol concentration, §52-7-12.

INDEX H

GRAMS - Cont’d Driving under the influence. Boats and other watercraft. Blood alcohol concentration, §52-7-12.

HALF-BLOODS. Considered equally with whole-blood, §53-2-1.

GRANDCHILDREN. Descent and distribution. Rules of inheritance, §53-2-1. GRANDPARENTS. Descent and distribution. Rules of inheritance, §53-2-1. GRATUITIES. Pilots and pilotage. Restrictions on receipt of gratuities for conducting or piloting vessels, §52-6-32. GRAVEL. Boats and other watercraft. Throwing gravel into navigable waters, §§52-8-1, 52-8-2. GREEN LIGHTS. Boats and other watercraft, §52-7-11. GUARDIANS. County guardians. County administrators. Appointment to serve as, §53-6-35. Executors and administrators. Actions against personal representatives. Guardians’ bonds, §53-7-15. Foreign entities acting in fiduciary capacity, §§53-12-320 to 53-12-323. Probate of wills. Notice of petition for probate in solemn form, §53-5-22. Renouncing succession, §53-1-20. Trusts. Representation and binding of other persons. Ward, §53-12-8. GUARDIANS AD LITEM. Probate courts, §53-11-2. Probate of wills. Settlement agreements, duty of guardian, §53-5-25. GUARDS. Power to designate employees as security guards, §52-2-9.

HARBORS. Boats and other watercraft. General provisions, §§52-7-1 to Development, §§52-9-1, 52-9-2. Discharge of substances dangerous to navigation or property. Generally, §§52-8-1 to 52-8-5. Georgia ports authority. General provisions, §§52-2-1 to Pilots and pilotage. General provisions, §§52-6-1 to HAZARDOUS MATERIALS AND WASTE. Trusts. Disbursements from principal. Environmental matters, §53-12-451. Waters of the state. Discharge of substances dangerous to navigation or property, §§52-8-1 to HEARINGS. Administration of estates. Missing persons and persons believed to be dead, §53-9-3. Boat foreclosure, §52-7-74. Boats and other watercraft. Suspension of operating privilege, §52-7-12.7. Executors and administrators. Settlement of accounts. Intermediate reports, §53-7-74. Missing persons and persons believed to be dead. Administration of estates, §53-9-3. Probate courts. Date by which hearing must be held, §53-11-10. Probate of wills. Settlement agreements, §53-5-25. Year’s support. Hearing on petition, §53-3-7.

INDEX HEART PACEMAKERS. Wills. Disposition or sale by will, §53-4-73. HEIRS. Descent and distribution. General provisions, §§53-2-1 to Letters of administration. Notice of petition for, §53-6-22. HIGHWAYS, ROADS AND STREETS. Canal companies. Encroachment of canals upon public roads, §52-4-13. HIN. Hull identification numbers, §§52-7-7.1 to 52-7-7.6. HOMICIDE. Boats and other watercraft. Homicide by vessel, §52-7-12.2. Release on unsecured judicial release prohibited, §52-7-26. Homicide by vessel, §52-7-12.2. Release on unsecured judicial release prohibited, §52-7-26. HORSEPOWER. Capacity plate information, §§52-7-42, 52-7-45.

HUSBAND AND WIFE - Cont’d Gifts. Purchase money resulting trusts. Spouses payors of consideration. Presumption, §53-12-131. Marital deduction testamentary gift or transfer. Distribution of assets by executor, administrator or trustee, §53-4-74. Purchase money resulting trusts. Spouses payors of consideration. Gift presumed, §53-12-131. Resulting trusts. Purchase money resulting trusts. Spouses payors of consideration. Gift presumed, §53-12-131. Simultaneous death act, §§53-10-1 to Support and maintenance. Year’s support, §§53-3-1 to 53-3-21. Trust. Purchase money resulting trusts. Spouses payors of consideration. Gift presumed, §53-12-131. Wills. General provisions, §§53-4-1 to Year’s support, §§53-3-1 to 53-3-21. I

HOSPITALS. Boating accidents. Reports to and by medical facilities, §52-7-14.

IDENTIFICATION CARDS. Boats and other watercraft. Person operating to have proper identification, §52-7-8.3.

HOSTAGES. Missing persons and persons believed to be dead. Administration of estates, §§53-9-1 to 53-9-8, 53-9-20. Conservators of estates, §§53-9-10 to 53-9-16, 53-9-21.

IDENTIFICATION NUMBERS. Boats and other vessels. Numbering of vessels, §§52-7-4 to ILLEGITIMACY. Descent and distribution. Inheritance by illegitimate children, §53-2-3. Inheritance from children born out of wedlock, §53-2-4.

HOTCHPOT. Advancements, taking into consideration, §53-1-12. HOUSEBOATS. Anchorage restrictions, §52-7-8.4. Use prohibited, §52-7-13. HULL IDENTIFICATION NUMBERS, §§52-7-7.1 to 52-7-7.6.

IMPLIED CONSENT. Boats and other watercraft. Operation while under influence of alcohol or drugs. Chemical tests, §52-7-12.5.

HUSBAND AND WIFE. Descent and distribution. Rules of inheritance generally, §53-2-1.

IMPLIED REVOCATION OF WILL, §53-4-42. Effect, §53-4-47.

INDEX INHALATION. Boats and other watercraft. Operation of boats while under influence of glue, aerosol or toxic vapor, §52-7-12.

IMPLIED REVOCATION OF WILL - Cont’d Presumption when will not found for probate, §53-4-46. IMPLIED TRUSTS. Constructive trusts, §53-12-132. Defined, §53-12-2. Parol evidence. Nature of transaction, circumstances, conduct of parties, §53-12-133. Resulting trusts, §§53-12-130, Revised Georgia trust code. Generally, §§53-12-1 to 53-12-455.

INHERITANCE. Descent and distribution. General provisions, §§53-2-1 to Wills. General provisions, §§53-4-1 to INJUNCTIONS. Breach of trust, §53-12-301. Executors and administrators. Actions against personal representatives. Breach of fiduciary duty. Damages, injunctions, etc, actions for, §53-7-54. Trusts. Breach of trust, §53-12-301.

IMPOSSIBILITY. Wills. Conditions impossibility, §53-4-68. INCOME TAXES. Descent and distribution. Payment of refund to surviving spouse, §53-1-6. Refunds. Surviving spouse. Overpayment of state or federal income tax, §53-1-6. Trusts. Adjustment between principal and income because of, §53-12-455. Payment from principal or income, §53-12-454.

INJURIES. Boats and other watercraft. Serious injury by vessel, §52-7-12.4. Release on unsecured judicial release prohibited, §52-7-26. IN-KIND DISTRIBUTION, §§53-2-30 to 53-2-32.

INCORPORATION BY REFERENCE. Trustees. Incorporation by reference of trustee’s powers. Wills or trust instrument, §53-12-263. Wills. Extrinsic documents. Incorporation by reference of extrinsic documents into will, §53-4-4. Personal property. List or other written statement disposing of tangible personal property, §53-4-5.

INSURANCE. Georgia principal and income act. Allocation of insurance policies or contracts, §53-12-423. Principal and income act. Allocation of insurance policies or contracts, §53-12-423. Trusts. Principal and income. Allocation of insurance policies or contracts, §53-12-423. Disbursements from principal, §53-12-451.

INDEMNIFICATION. Executors and administrators. Settlement of accounts. Refunding bonds, §53-7-66.

INTEREST. Breach of trust. Liability of trustee, §53-12-302. Principal and income act. Allocation of payments characterized as interest, §53-12-425. Pecuniary amount to be received after income interest terminates, §53-12-390.

INDIVIDUAL RETIREMENT ACCOUNTS. Principal and income act. Allocation of payments from, §53-12-425.

INTEMPERANCE. Pilots, §52-6-37.

INDEX INTEREST - Cont’d Testamentary gifts. Time at which general or demonstrative testamentary gift bears interest, §53-4-61. Trusts. Breach of trust. Liability of trustee, §53-12-302. Principal and income. Allocation of payments characterized as interest, §53-12-425. Pecuniary amount to be received after income interest terminates, §53-12-390. Wills. Time at which general or demonstrative testamentary gift bears interest, §53-4-61. INTERPRETATION AND CONSTRUCTION. Decedents’ estates, administration. Common law and equity principles. Applicability to wills, trusts and administration of estates unless otherwise modified, §53-1-9. Fiduciary access to digital assets. Electronic Signatures in Global and National Commerce Act, effect of state provisions, §53-13-40. Georgia ports authority, §§52-2-38, Probate of wills. Examination of witnesses, §53-5-23. Trusts. Common law and equity principles. Applicability to wills, trusts and administration of estates unless otherwise modified, §53-1-9. Wills. Child living, believed dead by testator. Failure to provide for, §53-4-58. Clear and convincing proof of intent, §53-4-55. Common law and equity principles. Applicability to wills, trusts and administration of estates unless otherwise modified, §53-1-9. Intent of testator, §53-4-55. Omitted children, §53-4-58. Parol evidence, §53-4-56. Partial illegality of will, §53-4-57. INTERROGATORIES. Pilots and pilotage. Board of pilotage commissioners. Appeal from board to superior court, §52-6-43.

INTERROGATORIES - Cont’d Pilots and pilotage - Cont’d Board of pilotage commissioners - Cont’d Nonresidents and seamen, §52-6-41. Probate of wills. Examination of witnesses, §53-5-23. IN TERROREM, CONDITIONS. Probate of wills. Settlement agreements. Entering into or petition court as to agreement not considered violation of condition in terrorem, §53-5-25. Nonjudicial settlement agreements. Entering into or petition court as to agreement not considered violation of condition in terrorem, §53-5-27. Trusts and trustees. Modification or termination of trust. Petitioning for or consenting to as not violating condition, §53-12-61. Settlement agreements. Nonjudicial settlement agreements not considered violation of condition, §53-12-9. Situations where condition not enforceable, §53-12-22. Wills, §53-4-68. INTERVENTION. Descent and distribution. Judicial determination of heirs and interests, §53-2-25. INTER VIVOS TRUSTS. Capacity to create, §53-12-23. Express trusts. Creation and validity generally, §§53-12-20 to 53-12-28. Marital trusts. Death of settlor’s spouse. Assets deemed to have been contributed by settlor’s spouse, §53-12-82. Trusts generally. Revised trust code of 2010, §§53-12-1 to 53-12-455. INTESTATE NONDOMICILIARY. Ancillary proceedings. Probate of foreign or out-of-state wills, intestate nondomiciliary, §§53-5-30 to 53-5-41.

INDEX INTESTATE SUCCESSION. Adoption. Status of adoptive parents and relatives, §53-1-8. Descent and distribution. General provisions, §§53-2-1 to Intestate nondomiciliary owning real property in state, §§53-5-38, INTRACOASTAL WATERWAY, §§52-3-1 to 52-3-12. Damages. Oysters. Claims for damages to, §52-3-9. Department of transportation. Acquisition of property, §52-3-4. Cooperation with federal government, §52-3-4. Eminent domain. Acquisition of property generally, §52-3-4. Exercise of power, §52-3-5. Gifts and donations. Receipt and use, §52-3-7. Rights of way. Cooperation with federal government in acquiring, §52-3-4. Entry of lands in order to locate rights of way, §52-3-11. Oysters. Lease of property for cultivation and gathering. Procedure where property required for right of way has been leased, §52-3-8. Eminent domain. Department of transportation, §§52-3-4, 52-3-5. Gifts. Department of transportation. Receipt and use, §52-3-7. Jurisdiction. State’s jurisdiction over lands affected by chapter, §52-3-12. Legislative declaration. Purpose of chapter, §52-3-1. Oysters. Damages to oysters. Claims for, §52-3-9. Lease of property for cultivation and gathering of oysters. Procedure where property required for right of way or spoil disposal area has been leased, §52-3-8.

INTRACOASTAL WATERWAY - Cont’d Purpose of chapter, §52-3-1. Right of entry. Department of transportation. Entry of lands to locate rights of way, §52-3-11. Rights of way. Department of transportation. Cooperation with federal government in acquiring, §52-3-4. Entry of lands in order to locate rights of way, §52-3-11. Oysters. Lease of property for cultivation and gathering. Procedure where property required for right of way has been leased, §52-3-8. Service of process. Lands affected by chapter, §52-3-12. United States. Department of transportation. Cooperation with federal government, §52-3-4. INVESTIGATIONS. Georgia ports authority. Investigators. Powers and duties, §52-2-10. INVESTMENT COMPANIES. Bank or trust company acting as trustee. Acquisition and retention of securities of company or trust to whom services provided, §53-12-340. INVESTMENTS. Decedents’ estates. Personal representative’s investment, §§53-8-1 to 53-8-5. Deed to acquire beneficial interest in property, §53-12-156. Executors and administrators, §§53-8-1 to 53-8-5. Georgia ports authority, §52-2-36. Revenue bonds. Status as legal investments, §52-2-29. Trusts. Agent to perform investment and management functions. Delegation of functions by trustee, §53-12-345.

INDEX INVESTMENTS - Cont’d Trusts - Cont’d Compliance with investment rules by trustee. Determination, §53-12-343. Decisions concerning retention or disposition of assets. Duty to review and make decisions after accepting trusteeship or receiving assets, §53-12-342. Deed to acquire beneficial interest in property, §53-12-156. Delegation by trustee of investment and management functions, §53-12-345. Determination of liability, consideration, §53-12-340. Diversification, other appropriate mechanisms. Management of risk of concentrated holdings, §53-12-341. Factors considered by trustees, §53-12-340. Judgment and care required of trustee, §53-12-340. Power of trustee, §53-12-261. Prudent investor rule, applicability, §53-12-241. Risk of concentrated holdings. Reasonable management of risk by trustee, §53-12-341. Special investment skills or expertise possessed by trustee, §53-12-340. Terminology authorizing permitted investment strategies, §53-12-344. Unitrust, conversion of trust to, §53-12-362. What trustee may invest in, §53-12-340. INVESTMENT TRUSTS. Bank or trust company acting as trustee. Acquisition and retention of securities of company or trust to whom services provided, §53-12-340. J JET SKIS. Child endangering. Transporting child while under influence of alcohol or drugs, §52-7-12. Restrictions on operation of personal watercraft, §52-7-8.2.

JOINT AND SEVERAL LIABILITY. Executors and administrators, §53-7-16. JOINT OWNERS OF PROPERTY. Simultaneous death, §53-10-4. JOINT WILLS, §§53-4-30 to 53-4-33. JUDGMENTS. Charitable trusts. Actions relating to rights of beneficiaries, §53-12-174. Executors and administrators. Actions against personal representatives. Against what property judgment levied, §53-7-21. Levy upon property, §§53-7-21 to Judgment surcharging fiduciary. Settlement of accounts, §53-7-76. Trusts. Charitable trusts. Actions relating to rights of beneficiaries, §53-12-174. Judgment rendered against trust. No personal liability in trustee or beneficiary, §53-12-308. JURISDICTION. Ancillary proceeding. Probate of foreign or out-of-state will, §53-5-36. Executors and administrators. Foreign personal representatives. Subject to jurisdiction of courts of state, §53-5-45. Settlement of accounts, §53-7-60. Foreign personal representatives. Subject to jurisdiction of courts of state, §53-5-45. Intracoastal waterway. State’s jurisdiction over lands affected by chapter, §52-3-12. Probate of wills. Original jurisdiction, §53-5-50. Applicability of provisions, §53-5-53. Contents of petition, §53-5-51. Issuance of relief, §53-5-51. Service of notice, §53-5-51. Petition for jurisdiction, §53-5-51. Applicability of provisions, §53-5-53. Contents, §53-5-51. Effect of filing, §53-5-52. Time to bring petition, §53-5-52. Probate court, §53-5-1.

INDEX JURISDICTION - Cont’d Superior courts. Trusts. Actions maintained in superior courts, §53-12-6. Trusts. Superior courts. Actions maintained in superior courts, §53-12-6. Trusts and trustees. Trust directors. Acceptance of appointment as submission to personal jurisdiction, §53-12-506.

LAKE JACKSON. Operation of certain vessels prohibited, §52-7-13. LAKE OCONEE. Operation of certain vessels prohibited, §52-7-13. Protected fresh waters. Discharge of sewage from vessels, §52-7-8.1. LAKE OLIVER. Operation of certain vessels prohibited, §52-7-13.

K

LAKE RABUN. Operation of certain vessels prohibited, §52-7-13.

KAYAKS. Lifesaving devices. Exception to requirement of personal flotation device, §52-7-8.

LAKES. Boats and other watercraft. General provisions, §§52-7-1 to

KIDNAPPING. Missing persons and persons believed to be dead. Administration of estates, §§53-9-1 to 53-9-8, 53-9-20. Conservators of estates, §§53-9-10 to 53-9-16, 53-9-21.

LAKE SEMINOLE. Protected fresh waters defined, §52-7-3. Sewage disposal, §52-7-8.1.

KILE GLOVER BOAT EDUCATION LAW. Age for operation of boats and personal watercraft, §52-7-8.3. KINSHIP. Descent and distribution. Relationship through two or more lines, §53-2-6. Rules of inheritance generally, §53-2-1. L

LAKE SIDNEY LANIER. Protected fresh waters. Discharge of sewage from vessels, §52-7-8.1. LAKE SINCLAIR. Operation of certain vessels prohibited, §52-7-13. Protected fresh waters. Discharge of sewage from vessels, §52-7-8.1. LANDLORD AND TENANT. Crop liens. Year’s support, §53-3-18. Year’s support. Lien on crops, §53-3-18.

LAKE BLACKSHEAR. Protected fresh waters. Discharge of sewage from vessels prohibited, §52-7-8.1.

LANYARD-TYPE ENGINE CUTOFF SWITCH. Personal watercraft, requirement, §52-7-8.2.

LAKE BURTON. Operation of certain vessels prohibited, §52-7-13.

LAPSED LEGACIES. Testamentary additions to trusts. Termination or revocation of trust before testator’s death. Lapse of devise or bequest to trust, §53-12-101.

LAKE HARDING. Operation of certain vessels prohibited, §52-7-13.

INDEX LAW ENFORCEMENT AGENCIES. Boating safety zones for maritime and homeland security. Vessels escorted by law enforcement vessels, §52-7-13. LEASES. Canal companies. Canal and other properties, §52-4-14. Georgia ports authority. Certain buildings or facilities, §52-2-3. Enforcement of lessees’ duty to perform covenants and obligations. Power of authority, §52-2-32. Use of projects. Contracts and leases regarding, §52-2-31. Principal and income act. Allocation of receipts from leasehold, §53-12-426. Trusts. Principal and income. Allocation of receipts from leasehold, §53-12-426. Trustee’s powers, §53-12-261. LEAVING SCENE OF BOAT COLLISION OR ACCIDENT. Death caused in collision or accident. Homicide by vessel, first degree, §52-7-12.2. Release on unsecured judicial release prohibited, §52-7-26.

LETTERS OF ADMINISTRATION - Cont’d Oath or affirmation of administrator, §53-6-24. Petition. Contents, §53-6-21. Notice, §53-6-22. Selection of administrator. Preferences, §53-6-20. Temporary administration. Appeal from order granting temporary letters of administration, §53-6-30. Appointment of temporary administrator, §53-6-30. Power of administrator, §53-6-31. LETTERS OF ADMINISTRATION WITH WILL ANNEXED. Executors and administrators, §§53-6-15, 53-6-16. LETTERS TESTAMENTARY. Missing persons and persons believed to be dead, §53-9-4. Revocation of letters upon proof that missing individual is alive, §53-9-5. Probate of wills. Petition for solemn form, §53-5-21. LEVY OF ATTACHMENT. Executors and administrators. Actions against personal representatives. Entering of judgment and issuance of execution, §53-7-22. What property judgment levied, §53-7-21.

LEGAL HEIRS. Descent and distribution. General provisions, §§53-2-1 to LETTERS OF ADMINISTRATION, §§53-6-20 to 53-6-24. Appointment of executor or administrator, §§53-6-15, 53-6-16, County administrators. Continuation of duties until letters revoked, §53-6-37. Revocation of letters, §53-6-42. Separate letters for each estate, §53-6-40. Issuance, §53-6-23. Missing persons and persons believed to be dead, §53-9-4. Revocation upon proof that missing individual is alive, §53-9-5. Notice to heirs of decedent, §53-6-22.

LIENS. Boats and other watercraft. Abandoned vessels, §52-7-73. Foreclosure, §§52-7-73 to 52-7-77. Executors and administrators. Sale or exchange of real property. Divestment and transfer of liens, §53-8-13. Pilots and pilotage. Fees. Liens against vessel and cargo, §52-6-49. Year’s support. Landlord’s lien of crops, §53-3-18. Lien created by surviving spouse or guardian, §53-3-15. Tax liens, §53-3-4. LIFEBOATS. Numbering of vessels, §52-7-6.

INDEX LIFE INSURANCE. Georgia principal and income act. Proceeds from policy naming trust or trustee as beneficiary, §53-12-423. Principal and income act. Proceeds from policy naming trust or trustee as beneficiary, §53-12-423. Trusts. Principal and income act. Proceeds from policy naming trust or trustee as beneficiary, §53-12-423. Testamentary additions to trusts. Designation of trust as beneficiary of testator’s life insurance policy, §53-12-120. Devise or bequest to life insurance trust, §53-12-101. LIFE PRESERVERS. Accident reports, §52-7-14. Personal flotation device. Defined, §52-7-3. Personal watercraft. Required to be worn by persons operating, §52-7-8.2. Required equipment, §§52-7-8, 52-7-13, 52-7-16. LIFETIME TRANSFERS. Advancements, §53-1-10. LIGHTS. Boats, §§52-7-8, 52-7-11. LIKE-KIND EXCHANGES. Testamentary gifts. Specific gift, §53-4-67. LIMITATION OF ACTIONS. Administration of estates. Missing persons and persons believed to be dead. Recovery of property by missing individual, §53-9-6. Breach of trust. Beneficiary’s claim, §53-12-307. Cotrustee’s claim against cotrustee, §53-12-307. Successor trustee’s claim against predecessor, §53-12-307. Claims against or in favor of decedent’s estate. Creditors failing to give notice of claim, §53-7-41.

LIMITATION OF ACTIONS - Cont’d Missing persons and persons believed to be dead. Administration of estates. Recovery of property by missing individual, §53-9-6. Probate of wills, §53-5-3. Petition to vacate, set aside or amend order admitting will, §53-5-52. Trusts. Breach of trust. Beneficiary’s claim, §53-12-307. Cotrustee’s claim against cotrustee, §53-12-307. Successor trustee’s claim against predecessor trustee, §53-12-307. Contest of validity of trust. Trust revocable by settlor before settlor’s death, §53-12-45. LOANS. Trusts. Powers of trustees, §53-12-261. LOCAL GOVERNMENT. Boats and other watercraft. Regulatory powers, §52-7-21. LOST PROPERTY. Testamentary gifts. Specific testamentary gift, §53-4-67. LOST WILL. Presumption of intent to revoke, §53-4-46. M MAIL. Executors and administrators. Settlement of accounts. Mailing returns to heirs and beneficiaries, §53-7-68. MARINAS. Personal watercraft. Speed restrictions when operating adjacent to, §52-7-8.2. MARINE TOILETS. Defined, §52-7-3. Portable marine toilets. Defined, §52-7-3. Protected fresh waters. Use of vessels on, §52-7-8.1.

INDEX MARITAL DEDUCTION. Distribution of assets by executor, administrator or trustee, §53-4-74. Principal and income act. Property not productive of income, §53-12-429.

MINERAL RESOURCES - Cont’d Trusts. Principal and income. Allocation of receipts from interest in, §53-12-427. Trustee’s power to manage real property, §53-12-261.

MARRIAGE. Wills. Effect of marriage of testator. Revocation, §53-4-48. Remarriage to former spouse. Revocation, §53-4-49.

MINORS. Afterborn children. Considered children in being at decedent’s death, §53-2-1. Boats and other watercraft. Personal watercraft. Age for operating, §52-7-8.2. Child endangerment. Boats and other watercraft. Persons transporting child while under influence of alcohol or drugs, §52-7-12. Endangering child. Boats and other watercraft. Persons transporting child while under influence of alcohol or drugs, §52-7-12. Executors and administrators. Appointment of executor, §53-6-10. Powers and duties of personal representatives, §53-7-8. Personal watercraft. Age for operating, §52-7-8.2. Probate of wills. Common form, conclusiveness, §53-5-19. Sexual offenses. Descent and distribution. Inheritance from children born out of wedlock. Sworn statement of father acknowledging parent-child relationship. Exception where mother of child less than 10 years of age, §53-2-4. Surviving spouses. Wills, trusts and administration of estates, §53-1-7. Trusts and trustees. Representation and binding of other persons. Representing and binding minors, §53-12-8. Wills. Minimum age requirement, §53-4-10. Year’s support. Minor children by individuals other than surviving spouse, §53-3-8.

MEDICAL DEPOT. Ports authority. Conveyance of site to authority, §52-2-14. MEDICAL EXAMINERS. Boats and other watercraft. Investigation of boating accidents, §52-7-12. MENACE. Boating laws. Enforcement. Interference by menace with arrest for violation, §52-7-25. MENTAL HEALTH. Wills. Testamentary capacity, §53-4-11. MERGER. Deed to acquire beneficial interest in property. Merger into domestic for profit corporation, §53-12-159. Trusts. Deed to acquire beneficial interest in property. Merger into domestic for profit corporation, §53-12-159. MILITARY AFFAIRS. Conservators of estates of missing persons, §§53-9-10 to 53-9-16, Missing persons and persons believed to be dead. Administration of estates, §§53-9-1 to 53-9-8, 53-9-20. Conservators of estates, §§53-9-10 to 53-9-16, 53-9-21. MINERAL RESOURCES. Principal and income act. Allocation of receipts from interest in, §53-12-427.

INDEX MISDEMEANORS. Boats and other watercraft. Abandoned vessels. Notice of removal. False information, §52-7-71. Capacity plates. Violation of provisions, §52-7-51. Equipment required. Violation of provisions, §52-7-8. Feticide by vessel. Second degree, §52-7-12.3. Homicide by vessel. Second degree, §52-7-12.2. Operation under the influence, §52-7-12. Violation of provisions, §§52-7-26, Feticide by vessel. Second degree, §52-7-12.3. Flotation devices. Sale of unapproved device, §52-7-8. High and aggravated nature. Boats and other watercraft. Operation under the influence, §52-7-12. Homicide by vessel. Second degree, §52-7-12.2. Pilots and pilotage. Acting as pilot without license, §52-6-54. Failure to take pilot or pay pilotage fees, §52-6-49. Interfering with or disturbing licensed pilot, §52-6-54. MISREPRESENTATION. Wills. Testamentary capacity, §53-4-12. MISSING IN ACTION (MIA). Conservators of estates of missing persons, §§53-9-10 to 53-9-16, MISSING PERSONS. Administration of estates of missing persons and persons believed to be dead, §§53-9-1 to 53-9-8, Date of presumed death, §53-9-1. Distribution of assets, §53-9-7. Heirs and beneficiaries who cannot be located, §53-9-8. Hearings, §53-9-3. Heirs or beneficiaries who are missing. Judges allowed to hold certain funds for, §53-9-8.

MISSING PERSONS - Cont’d Administration of estates of missing persons and persons believed to be dead - Cont’d Letters of administration or testamentary, §53-9-4. Revocation upon proof that missing individual is alive, §53-9-5. Nondomiciliaries, §53-9-20. Notice, §53-9-2. Orders. Finding that the missing individual is dead, §53-9-3. Perils or tragedies resulting in probable death, §53-9-1. Petition for administration of the estate, §53-9-2. Predeceased other deceased individual, presumption, §53-9-1. Presumption of death, §§53-9-1, Proof of death, §53-9-1. Recovery of property by missing individual, §53-9-6. Revocation of letters upon proof that missing individual is alive, §53-9-5. Search for missing individual, §53-9-2. Security to be given prior to distribution of assets, §53-9-7. Conservators of estates, §§53-9-10 to 53-9-16, 53-9-21. Bond, §53-9-13. Circumstances under which individual deemed to be missing, §53-9-10. Declaration of death, §53-9-16. Factors considered in determining whether to appoint conservator, §53-9-11. Final return, §53-9-16. Laws applicable to conservator, §53-9-13. Nondomiciliaries, §53-9-21. Oath, §53-9-13. Orders of court, §53-9-14. Termination of conservatorship, §53-9-15. Petition for appointment of conservator, §§53-9-10, 53-9-12. Procedure on petition, §53-9-13. Qualified conservators, §53-9-11. Reports, §53-9-14. Termination of conservatorship, §53-9-15. Death. Perils or tragedies resulting in probable death, §53-9-1.

INDEX MISSING PERSONS - Cont’d Death - Cont’d Presumption, §53-9-1. Executors and administrators. Generally, §§53-6-1 to 53-6-64. Presumption of death, §53-9-1.

MUNICIPAL CORPORATIONS. Boats and other watercraft. Discharge of substances dangerous to navigation or property. Powers of municipalities, §§52-8-4,

MISTAKE. Trusts. Reformation by court. Mistake of law or fact, §53-12-60.

MUNIMENTS OF TITLE. Wills. Wills probated or established in another state, §53-5-35.

MISTAKE OF FACT. Reformation of trust, §53-12-60.

MURDER. Descent and distribution. Slayers of decedent, §53-1-5.

MISTAKE OF LAW. Reformation of trust, §53-12-60.

MUTILATION. Georgia ports authority. Revenue bonds. Replacement of mutilated bonds, §52-2-21.

MOORED VESSELS. Personal watercraft. Speed restrictions when operating close to, §52-7-8.2. Speed restrictions on vessels operating within certain distance, §§52-7-14, 52-7-18.

MUTUAL WILLS, §§53-4-30 to 53-4-33. N

MORTGAGES. Canal companies. Canal and other properties, §52-4-14. Year’s support. Personal property subject to mortgage, §53-3-17. Real property subject to purchase money mortgage, §53-3-16. MOTIONS. Executors and administrators. Discharge and resignation of personal representatives. Fraudulent discharges, §53-7-53. Settlement of accounts. Construction of wills, §53-7-75. MOTORBOATS. Boats and other watercraft generally, §§52-7-1 to 52-7-77. MOTOR VEHICLES. Georgia ports authority. Roads within authority jurisdiction. Applicability of traffic laws, §52-2-10. Traffic citations, §52-2-10. MUNICIPAL BONDS. Executors and administrators. Investments by personal representatives, §53-8-3.

NAMES. Deed to acquire beneficial interest in property. Business or trade name. Conducting affairs of estate under, §53-12-153. Trusts. Deed to acquire beneficial interest in property. Business or trade name. Conducting affairs of estate under, §53-12-153. NATURAL RESOURCES. Board of natural resources. Rulemaking authority. Watercraft. Registration, operation and sale of watercraft, §52-7-23. Department of natural resources. River development. Projects for improving river channels, §52-9-1. Principal and income act. Allocation of receipts from interest in, §53-12-427. Trusts. Principal and income. Allocation of receipts from interest in, §53-12-427.

INDEX NATURAL RESOURCES - Cont’d Trusts - Cont’d Trustee’s powers to manage land, §53-12-261. NAVIGABLE STREAMS. Right of passage. Citation of article, §52-1-30. Definitions, §52-1-32. Interpretation and construction. Remedies not exclusive, §52-1-37. Legislative findings, §52-1-31. Policy, §52-1-31. Remedies not exclusive, §52-1-37. Short title of article, §52-1-30. Structures. Allowance of time for finding new residence, §52-1-38. Defined, §52-1-32. Nuisances, §52-1-33. Permits. Issuance, §52-1-39. Term, §52-1-39. Removal, §52-1-36. Appeals, §52-1-35. Hearings, §52-1-35. Order. Issuance, §52-1-34. Service and posting of order, §52-1-34. Time for finding new residence, §52-1-38. Seizure, §52-1-36. NAVIGATION COMPANIES, §§52-5-1 to 52-5-12. Adoption of chapter by certain companies and persons, §52-5-12. Affidavits. Petition for incorporation. Attachment of affidavit of incorporators, §52-5-2. Stock and stockholders. Increase of capital stock. Affidavit to be filed along with petition, §52-5-10. Auctions. Stock and stockholders. Subscription for capital stock. Auction sale of stock upon default by subscriber, §52-5-8. Certificate of incorporation, §§52-5-3 to 52-5-5. Directors. Election, §52-5-6. First board of directors. Election, §52-5-6.

NAVIGATION COMPANIES - Cont’d Directors - Cont’d Qualifications, §52-5-6. Vacancies on board. Filling, §52-5-6. Evidence. Certificate of incorporation. Evidence of corporation’s existence and compliance with chapter, §52-5-5. Existing companies. Adoption of chapter by, §52-5-12. Fees. Certificate of incorporation. Issuance, §52-5-4. Forms. Certificate of incorporation, §52-5-3. Incorporation, §§52-5-2 to 52-5-6. Affidavit of incorporators. Attachment to petition for incorporation, §52-5-2. Certificate of incorporation, §52-5-3. Effect of issuance, §52-5-4. Evidentiary effect, §52-5-5. Form, §52-5-3. Issuance, §§52-5-3 to 52-5-5. Organizational meeting of stockholders, §52-5-6. Petition for incorporation, §52-5-2. Notice. Stock and stockholders. Subscription for capital stock. Auction sale for stock upon default by subscriber, §52-5-8. Powers, §52-5-11. Grant by secretary of state, §52-5-1. Property. Powers as to property, §52-5-11. Secretary of state. Certificate of incorporation. Issuance, §§52-5-3 to 52-5-5. Granting of corporate powers and privileges, §52-5-1. Petition for incorporation. Indorsement, recordation and filing, §52-5-2. Stock and stockholders. Increase of capital stock. Procedure, §52-5-10. Restrictions, §52-5-7. Meetings of stockholders. Organizational meeting, §52-5-6. Personal property. Stock as constituting, §52-5-9. Subscription for capital stock. Auction sale for stock upon default by subscriber, §52-5-8.

INDEX NAVIGATION COMPANIES - Cont’d Stock and stockholders - Cont’d Subscription for capital stock - Cont’d Opening books of subscription, §52-5-7. Payment for stock, §52-5-8. Transfer of stock, §52-5-9. NAVY VESSELS. Boating safety zones for maritime and homeland security, §52-7-13. NECESSARIES. Spendthrift provisions of trusts. Validity as to claims for, §53-12-80. NEGLIGENCE. Boats and other watercraft. Operation in reckless or negligent manner, §52-7-12. Executors and administrators. Investments by personal representatives. Liability for retention of property by personal representative, §53-8-5. NEPHEWS. Rules of inheritance generally, §53-2-1. NEXT OF KIN. Rules of inheritance, §53-2-1. Relationship through two or more lines, §53-2-6. NIECES. Rules of inheritance generally, §53-2-1. NOISE. Boats and other watercraft. Exhausts to be muffled, §52-7-10. Testing of noise level, §52-7-10. NONRESIDENTS. Death. Presumption. Missing persons, §53-9-20. Decedents’ estates. Ancillary proceedings. Probate of foreign or out-of-state wills, intestate nondomiciliary, §§53-5-30 to 53-5-41. Executors and administrators. Foreign entities acting in fiduciary capacity, §§53-12-321 to Return of nonresident representative, §53-7-71.

NONRESIDENTS - Cont’d Fiduciaries. Foreign entities acting in fiduciary capacity, §§53-12-321 to Guardians. Foreign entities acting in fiduciary capacity, §§53-12-321 to Missing persons. Presumption of death, §53-9-20. Presumption of death. Missing persons, §53-9-20. Probate of wills. Foreign or out-of-state wills, §§53-5-30 to 53-5-47. Trusts and trustees. Eligibility to serves as trustees, service of process on, §53-12-320. Foreign entity acting as trustee, §53-12-323. Trust directors. Statutory provisions applicable to trust directors, §53-12-506. Foreign entities acting in fiduciary capacity, §§53-12-321 to Wills. Ancillary proceedings. Probate of foreign or out-of-state wills, intestate nondomiciliary, §§53-5-30 to 53-5-41. NORTH HIGHLANDS LAKE. Operation of certain vessels prohibited, §52-7-13. NOTICE. Administration of estates. Missing persons and persons believed to be dead, §53-9-2. Ancillary personal representative, §53-5-40. Canal companies. Subscription for all capital stock and payment of ten percent. Publication of notice, §52-4-6. Claims against or in favor of decedent’s estate. Creditors to render account, §53-7-41. Executors and administrators. Ancillary personal representative, §53-5-40. Compensation of administrators. Petition for extra compensation, §53-6-62.

INDEX NOTICE - Cont’d Executors and administrators - Cont’d Creditors to render accounts, §53-7-41. Letters of administration, §53-6-22. Sale or conveyance of property, §53-8-13. Settlement of accounts. Intermediate reports, §53-7-73. Letters of administration, §53-6-22. Missing persons and persons believed to be dead. Administration of estates, §53-9-2. Navigation companies. Stock and stockholders. Subscription for capital stock. Auction sale for stock upon default by subscriber, §52-5-8. Probate courts. Hearings, §53-11-10. Probate of wills. Hearings, §53-11-10. Solemn form, §53-5-22. Trusts. Appointment of trustees. Petition, §53-12-201. Compensation of trustee. Greater than amount allowed. Petition, §53-12-212. Existence of irrevocable trust. Beneficiaries notified by trustee, time, §53-12-242. Final accounting. Death, resignation, removal of trustee, termination of trust. Petition, §53-12-231. Interim accounting relieving trustee from liability. Petition, §53-12-230. Modification or termination of trust, §53-12-61. Reformation of trust. Petition, §53-12-60. Resignation of trustee. Petition, §53-12-220. Unitrusts. Conversion of trust to, §53-12-362. Year’s support. Issuance of citation, §53-3-6. NUISANCES. Navigable streams. Right of passage. Structures, §52-1-33. Tidewaters. Protection of tidewaters. Structures, §52-1-4.

NURSES. Boating accidents. Reports to and by medical facilities, §52-7-14. O OATHS. Executors and administrators. Appointment, §53-6-16. Temporary administration. Oath or affirmation of temporary administrator, §53-6-32. Letters of administration. Oath or affirmation of administrators, §53-6-24. Missing persons and persons believed to be dead. Conservators of estates, §53-9-13. Pilots and pilotage. Licensed pilots, §52-6-33. Probate courts. Authority to administer, §53-11-7. OBJECTIONS. Executors and administrators. Sale or conveyance of property, §53-8-13. Probate court proceedings. Date by which objections must be filed, §53-11-10. OGEECHEE RIVER. Boats and other watercraft. Restriction as to motors used on, §52-7-13. OIL. Principal and income act. Allocation of receipts from interest in minerals and other natural resources, §53-12-427. Trusts. Principal and income. Allocation of receipts from interest in minerals and other natural resources, §53-12-427. Trustee’s power to manage real property, §53-12-261. OPTIONS. Principal and income act. Options granted or acquired by trustee. Allocation of amount received or paid, §53-12-430.

INDEX ORDERS. Administration of estates. Missing persons and persons believed to be dead. Finding that missing individual is dead, §53-9-3. Publication of notice, §53-9-2. Descent and distribution. Dispensing with administration, §53-2-41. In-kind distribution. Orders of probate courts, §53-2-32. Executors and administrators. Investments in real property by personal representative, §53-8-2. Sale or conveyance of property, §53-8-13. Settlement of accounts. Intermediate reports. Conclusiveness of order, §53-7-77. Missing persons and persons believed to be dead. Administration of estates. Finding that missing individual is dead, §53-9-3. Publication of notice, §53-9-2. Conservators of estates, §53-9-14. Probate of wills. Common form, §53-5-18. ORDINANCES. Boats and other watercraft. Local regulations generally, §52-7-21. Georgia ports authority. Dock-related city ordinances. Enforcement by security guards, §52-2-10. OUTBOARD MOTORS. Capacity plates. Information to be marked on. Watercraft designed for use without outboard motor, §52-7-42. Flame arrester for carburetor. Required equipment for vessels, §52-7-8.

OYSTERS AND CLAMS - Cont’d Intracoastal waterway - Cont’d Lease of property for cultivation and gathering of oysters. Procedure where property required for right of way or spoil disposal area has been leased, §52-3-8. P PACEMAKERS. Wills. Disposition or sale by will, §53-4-73. PARENT AND CHILD. Descent and distribution. Illegitimate children, inheritance by, §53-2-3. Inheritance from illegitimate children, §53-2-4. Rules of inheritance, §53-2-1. Gifts. Purchase money resulting trusts. Payors of consideration. Presumption, §53-12-131. Purchase money resulting trusts. Payors of consideration. Gift presumed, §53-12-131. Resulting trusts. Purchase money resulting trusts. Payors of consideration. Gift presumed, §53-12-131. Trusts. Resulting trusts. Purchase money resulting trusts. Payors of consideration. Gift presumed, §53-12-131.

OUT-OF-STATE WILLS. Probate of foreign or out-of-state wills, §§53-5-30 to 53-5-41.

PARKS AND RECREATION. Boats and other watercraft. Personal watercraft. Speed restrictions when operating adjacent to public park, §52-7-8.2. Speed restrictions when operating adjacent to public park, §52-7-18. Personal watercraft. Speed restrictions when operating close to public park, §52-7-8.2.

OYSTERS AND CLAMS. Intracoastal waterway. Damages to oysters. Claims for, §52-3-9.

PAROL EVIDENCE. Express trust. Construction of trust at issue, §53-12-27.

INDEX PAROL EVIDENCE - Cont’d Implied trusts. Nature of transaction, circumstances, conduct of parties, §53-12-133. Trusts. Express trust. Construction of trust at issue, §53-12-27. Implied trusts. Nature of transaction, circumstances, conduct of parties, §53-12-133. Wills. Construction of will, §53-4-56. PATENTS. Principal and income act. Allocation of receipts from, §53-12-426. PAYABLE ON DEATH ACCOUNTS. Transfer on death security registration, §§53-5-60 to 53-5-71.

PERSONAL WATERCRAFT. Defined, §52-7-8.2. Endangering child. Person transporting child while under influence of alcohol or drugs, §52-7-12. Restrictions on operating, §52-7-8.2.

PERILS OR TRAGEDIES RESULTING IN PROBABLE DEATH. Proof of death, §53-9-1. PERISHABLE PROPERTY. Executors and administrators. Sale or conveyance of property, §53-8-11. PERMITS. Boats and other watercraft. Regattas, boat races, marine parades, tournaments and exhibitions, §52-7-19. Regattas, §52-7-19. PERSONAL FLOTATION DEVICES. Accident reports, §52-7-14. Personal flotation device. Defined, §52-7-2. Personal watercraft. Required to be worn by person operating, §52-7-8.2. Required equipment, §§52-7-8, 52-7-8.2, 52-7-13, 52-7-16. PERSONAL PROPERTY. Trusts. Lease, trustee’s powers, §53-12-261. Wills. List or other written statement disposing of tangible personal property, §53-4-5. Year’s support. Subject to mortgage or security interest, §53-3-17.

PERSONAL REPRESENTATIVES. Executors and administrators. Administration of estates generally, §§53-7-1 to 53-7-78. Foreign personal representatives, §§53-5-42 to 53-5-47. Generally, §§53-6-1 to 53-6-64. Investments by personal representatives, §§53-8-1 to Missing persons and persons believed to be dead. Conservators of estates, §§53-9-10 to 53-9-16, 53-9-21. Principal and income act, §§53-12-380 to 53-12-431. Probate court proceedings, §§53-11-1 to 53-11-11. Sale or conveyance of property, §§53-8-10 to 53-8-15.

PER STIRPES. Rules of inheritance generally, §53-2-1. PETITIONS. Ancillary probate or administration. Protection of interest in property, §53-5-44. Descent and distribution. Dispensing with administration, §53-2-40. In-kind distribution, §53-2-31. Judicial determination of heirs and interests, §§53-2-21, 53-2-22. Escheat of property to state. No person appearing and claiming as heir, §53-2-51. Executors and administrators. Discharge and resignation of personal representatives. Petition by personal representative, §53-7-50. Sale or conveyance of property, §53-8-13. Settlement of accounts. Filing of petitions, §53-7-61. Letters of administration. Contents, §53-6-21.

INDEX PETITIONS - Cont’d Letters of administration - Cont’d Notice, §53-6-22. Missing persons and persons believed to be dead. Conservators of estates. Appointment, §§53-9-10, 53-9-12, Termination of conservatorship, §53-9-15. Probate courts. Verification, §53-11-8. Probate of wills. Common form procedure, §53-5-17. Jurisdiction, §53-5-50. Contents of petition, §53-5-51. Solemn form, §53-5-21. Trusts. Appointment of trustees, §53-12-201. Compensation of trustee. Greater than amount allowed, §53-12-212. Final accounting. Death, resignation, removal of trustee, termination of trust, §53-12-231. Interim accounting relieving trustee from liability, §53-12-230. Reformation of trust, §53-12-60. Removal of trustee, §53-12-221. Resignation of trustee, §53-12-220. Unitrusts. Proceedings after conversion to, §53-12-362. Verification. Probate courts, §53-11-8. Year’s support. Filings, §53-3-5. Mailing to tax commissioner and personal representative, §53-3-6. PETS. Trust created to provide for care of animal, §53-12-28. PHYSICIANS AND SURGEONS. Boating accidents. Reports to and by medical facilities, §52-7-14. PIERS. Georgia ports authority. General provisions, §§52-2-1 to Personal watercraft. Speed restrictions when operating close to, §52-7-8.2.

PILINGS. Personal watercraft. Speed restrictions when operating close to, §52-7-8.2. Structure defined, §§52-1-3, 52-1-32. PILOTS AND PILOTAGE, §§52-6-1 to Acting as pilot without license, §52-6-54. Actions. Board of pilotage commissioners. Recovery of forfeitures, §52-6-6. Bonds of pilots. Actions on, §52-6-35. Appeals. Board of pilotage commissioners. Appeal from board to superior court, §§52-6-42, 52-6-43. Arrest. Conducting or piloting vessel arrested under court process. Revocation of license, §52-6-36. Attachment. Board of pilotage commissioners. Subpoenas. Witness failing to answer, §52-6-40. Board of pilotage commissioners, §§52-6-1 to 52-6-11. Appointment of commissioners, §§52-6-1, 52-6-2. Areas for which commissioners appointed, §52-6-4. Qualifications, §52-6-3. Areas for which commissioners appointed, §52-6-4. Chairman. Designation, §52-6-8. Composition, §52-6-1. Fees. Hearings before commissioners. Fees relating to, §52-6-44. Fines. Application of fines collected, §52-6-7. Assessment of fines and penalties, §§52-6-37, 52-6-38. Appeal to superior court, §§52-6-42, 52-6-43. Subpoenas. Failure of witness to answer, §52-6-40. Forfeitures. Action to recovery forfeitures, §52-6-6.

INDEX PILOTS AND PILOTAGE - Cont’d Board of pilotage commissioners - Cont’d Forfeitures - Cont’d Application of forfeitures collected, §52-6-7. Master pilot. Appointment, §52-6-5. Duties, §52-6-5. Office. Location, §52-6-10. Qualifications of commissioners, §52-6-3. Records, §52-6-8. Location, §52-6-10. Rules and regulations, §52-6-11. Secretary. Compensation, §52-6-9. Subpoenas, §§52-6-39, 52-6-40. Fees, §52-6-44. Terms of commissioners, §52-6-1. Vacancies. Filling, §52-6-2. Witnesses. Appeal from board to superior court. Interrogatories and depositions, §52-6-43. Interrogatories and depositions from nonresidents and seamen, §52-6-41. Subpoenas, §§52-6-39, 52-6-40. Fees, §52-6-44. Bonds, surety, §§52-6-34, 52-6-35. Depositions. Board of pilotage commissioners. Appeal from board to superior court, §52-6-43. Nonresidents and seamen, §52-6-41. Fees of commissioner or notary public, §52-6-44. Detaining pilots on vessels. Liability for, §52-6-52. Discharge of substances dangerous to navigation or property. Duties of pilots to report unlawful discharge, §52-8-2. Distress. Board of pilotage commissioners. Enforcement of decrees and orders. Warrant of distress, §52-6-38. Exceptions to requirement of direction and control by licensed pilot, §52-6-45. Docking pilots. Use, §52-6-45.

PILOTS AND PILOTAGE - Cont’d Executions. Board of pilotage commissioners. Enforcement of decrees and orders, §52-6-38. Fees. Aiding vessel in distress, §52-6-50. Board of pilotage commissioners. Hearings before commissioners. Fees relating to, §52-6-44. Secretary, §52-6-9. Detaining pilots on vessels. Liability for, §52-6-52. Inward and outward pilotage fees. Pilot boat. Right to one-third fee, §52-6-51. Licenses. Required for receipt of fees, §52-6-32. Liens against vessel and cargo, §52-6-49. Payment. Civil penalties for failure to take pilot or pay fee, §52-6-49. Fees different from those fixed by commissioner. Requests or demands by pilots, §52-6-48. Refusal of vessel to pay. Liabilities and penalties, §52-6-49. Security for payment, §52-6-47. Time of payment, §52-6-47. Pilot boat. Right to one-third inward and outward pilotage fees, §52-6-51. Pilots aiding vessel in distress, §52-6-50. Requests or demands by pilots of fees different from those fixed by commissioner, §52-6-48. Fines. Board of pilotage commissioners. Application of fines collected, §52-6-7. Assessment of fines and penalties, §§52-6-37, 52-6-38. Appeal to superior court, §§52-6-42, 52-6-43. Subpoenas. Failure of witness to answer, §52-6-40. Florida. Reciprocal pilotage in port of St. Marys and tributaries of St. Marys river, §52-6-11.

INDEX PILOTS AND PILOTAGE - Cont’d Forfeitures. Board of pilotage commissioners. Actions to recover forfeitures, §52-6-6. Application of forfeitures collected, §52-6-7. Forms. Oath of pilot, §52-6-33. Interfering with or disturbing licensed pilot, §52-6-54. Interrogatories. Board of pilotage commissioners. Appeal from board to superior court, §52-6-43. Nonresidents and seamen, §52-6-41. Licenses. Acting as pilot without license, §52-6-54. Bonds, surety, §§52-6-34, 52-6-35. Fees. Required for receipt of fees, §52-6-32. Form of license, §52-6-33. Number of licensed pilots. Restriction, §52-6-31. Oath, §52-6-33. Qualifications, §52-6-30. Revocation, §§52-6-37, 52-6-38. Appeal to superior court, §§52-6-42, Conducting or piloting vessel arrested under court process, §52-6-36. Suspension, §§52-6-37, 52-6-38. Appeal to superior court, §§52-6-42, Liens. Fees. Liens against vessel and cargo, §52-6-49. Master pilot. Appointment, §52-6-5. Duties, §52-6-5. Number of licensed pilots. Restriction, §52-6-31. Oaths. Licensed pilots, §52-6-33. Qualifications for pilot’s license, §52-6-30. Reciprocity. Port of St. Marys and tributaries of St. Marys river. Reciprocal pilotage, §52-6-11.

PILOTS AND PILOTAGE - Cont’d Records. Board of pilotage commissioners, §52-6-8. Location of records, §52-6-10. Requirement of pilot. Vessels to be under direction and control of licensed pilot, §52-6-45. Retirement. Compulsory retirement of pilots, §52-6-53. Rules and regulations. Board of pilotage commissioners, §52-6-11. Small vessels. Exceptions to requirement of direction and control by licensed pilot, §52-6-45. Subpoenas. Board of pilotage commissioners, §§52-6-39, 52-6-40. Fees, §52-6-44. Tugboats. Docking and undocking maneuvers with assistance of. Use of docking pilots, §52-6-45. Venue. Bonds of pilots. Actions on bonds, §52-6-35. Vessel identification tag, §§52-7-4 to Witnesses. Board of pilotage commissioners. Appeal from board to superior court. Interrogatories and depositions, §52-6-43. Interrogatories and depositions from nonresidents and seamen, §52-6-41. Subpoenas, §§52-6-39, 52-6-40. Fees, §52-6-44. P.O.D. ACCOUNTS. Transfer on death security registration, §§53-5-60 to 53-5-71. PORTS. Foreign trade zones. General provisions, §§52-10-1 to Georgia ports authority, §§52-2-1 to Intracoastal waterway, §§52-3-1 to River and harbor development, §§52-9-1, 52-9-2.

INDEX PORTS AUTHORITY ACT. General provisions, §§52-2-1 to Short title, §52-2-1. POSTHUMOUS CHILDREN. Wills. Revocation, §53-4-48. POUR-OVERS. Testamentary additions to trusts act, §§53-12-100 to 53-12-120. POWERS OF APPOINTMENT. Life beneficiary of trust. Power over trust assets. Trust not considered revocable because of, §53-12-44. Trusts and trustees. Representation and binding other persons. Holders of owners of appointment. Authority of holders, §53-12-8. POWERS OF ATTORNEY. Express trusts. Creation. Writing signed by settlor’s agent acting under power, §53-12-20. Settlor’s powers to revoke, amend, distribute trust property. Exercised by agent under power, §53-12-43. Fiduciary access to digital assets. Applicability of provisions to fiduciary acting under power, §53-13-3. Generally, §§53-13-1 to 53-13-40. Trusts, estates or other beneficial interests. Express trusts. Creation. Writing signed by settlor’s agent acting under power, §53-12-20. Settlor’s powers to revoke, amend, distribute trust property. Exercised by agent under power, §53-12-43. PREPONDERANCE OF EVIDENCE. Missing persons and persons believed to be dead. Presumption or proof of death, §53-9-1. Will obliterated or cancelled. Overcoming presumption of revocation, §53-4-44.

PRESUMPTION OF DEATH. Estates of persons believed to be dead. Administration of estates of missing persons or persons believed dead, §§53-9-1 to 53-9-8. Conservators of estates, §§53-9-10 to 53-9-16, 53-9-21. Missing persons, §53-9-1. Nondomiciliaries, §53-9-20. PRESUMPTIONS. Boats and other watercraft. Operation while under influence of alcohol or drugs. Presumption created by suspension of privilege to operate watercraft, §52-7-12.5. Death. Estates of persons believed to be dead. Administration of estates of missing persons or persons believed dead, §§53-9-1 to 53-9-8. Conservators of estates, §§53-9-10 to 53-9-16, 53-9-21. Missing persons, §53-9-1. Nondomiciliaries, §53-9-20. Executors and administrators. Assent of personal representative to passage of title to heirs or beneficiaries, §53-8-15. Georgia principal and income act. Insubstantial allocations, §53-12-424. Gifts. Purchase money resulting trusts. Payors husband and wife, parent and child, siblings, §53-12-131. Joint or mutual wills. Contract not to revoke, §53-4-32. Lost wills. Intent to revoke, §53-4-46. Missing persons and persons believed to be dead. Administration of estates, §§53-9-1 to 53-9-8, 53-9-20. Conservators of estates, §§53-9-10 to 53-9-16, 53-9-21. Death of missing person, §53-9-1. Nondomiciliaries, §53-9-20. Principal and income act. Insubstantial allocations, §53-12-424. Probate of wills. Common form procedure, §53-5-17. Purchase money resulting trust, §53-12-131.

INDEX PRESUMPTIONS - Cont’d Renouncing property. Date of receipt of instrument by personal representative of transferor’s estate, §53-1-20. Resulting trusts. Purchase money resulting trust, §53-12-131. Trusts. Principal and income act. Insubstantial allocations, §53-12-424. Resulting trusts. Purchase money resulting trust, §53-12-131. Wills. Class gifts to children, §53-4-48. Joint or mutual wills. Contract not to revoke, §53-4-32. Knowledge of contents of will by testator, §53-4-21. Revocation. Lost will presuming intent to revoke, §53-4-46. Presumption of intent by obliteration or destruction of will, §53-4-44. PRETERMITTED HEIRS. Wills. Construction of will. Failure to provide for living child believed dead, §53-4-58. Revocation, §53-4-48. PRINCIPAL AND INCOME ACT. General provisions, §§53-12-380 to Short title, §53-12-380. PRISONERS OF WAR. Conservators of estates, §§53-9-10 to 53-9-16, 53-9-21. PRISONS AND PRISONERS. Wills. Testamentary capacity of convicted criminals, §53-4-10. PRISON TERMS. Boats and other watercraft. Feticide by vessel. First degree, §52-7-12.3. Homicide by vessel. First degree, §52-7-12.2. Hull identification numbers. Violation of provisions, §§52-7-7.1,

PRISON TERMS - Cont’d Boats and other watercraft - Cont’d Operation under the influence, §52-7-12. Serious injury by vessel, §52-7-12.4. Feticide by vessel, §52-7-12.3. Homicide by vessel, §52-7-12.2. Hull identification numbers. Violation of provisions, §§52-7-7.1, Serious injury by vessel, §52-7-12.4. PRIVATE FOUNDATIONS, §§53-12-180 to 53-12-195. Corporate foundations. Articles of incorporation. Automatic amendment, §53-12-180. Amendment to exclude application of section, §53-12-181. No forfeiture or reversion of property of corporation, §53-12-182. Defined, §53-12-2. Distributions in amounts to avoid tax liability. Requirement. Automatic amendment of articles of incorporation, §53-12-180. Automatic amendment of governing trust instrument, §53-12-191. Distributions of foundation property to avoid tax liability. Corporate foundations, §53-12-183. Trust foundations, §53-12-193. Making investments jeopardizing exempt purposes of trust. Prohibition. Automatic amendment of governing trust instrument, §53-12-190. Making tax expenditures giving rise to tax liability. Prohibition. Automatic amendment of articles of incorporation, §53-12-180. Automatic amendment of governing trust instrument, §53-12-190. Retention of business holdings giving rise to tax liability. Prohibition. Automatic amendment of articles of incorporation, §53-12-180. Automatic amendment of governing trust instrument, §53-12-190. Rights and powers of courts and attorney general not impaired, §§53-12-184, 53-12-195.

INDEX PRIVATE FOUNDATIONS - Cont’d Self-dealing. Prohibition. Automatic amendment of articles of incorporation, §53-12-180. Automatic amendment of governing trust instrument, §53-12-190. Trust foundations. Governing trust instruments. Automatic amendment, §§53-12-190, Amendment to expressly exclude application of provisions, §53-12-192. No forfeiture or reversion of property, §53-12-194. PROBABLE CAUSE. Boats and other watercraft. Hull identification numbers. Failure to display HIN. Probable cause for law enforcement officer to inspect vessel, §52-7-7.3. Hull identification numbers. Failure to display HIN. Probable cause for law enforcement officer to inspect vessel, §52-7-7.3. PROBATE CODE. Actions against personal representatives, §§53-7-10 to Ancillary proceedings. Foreign personal representatives, §§53-5-42 to 53-5-47. Probate of foreign or out-of-state wills, intestate nondomiciliary, §§53-5-30 to 53-5-41. Claims against or in favor of estate, §§53-7-40 to 53-7-45. County administrators, §§53-6-35 to Descent and distribution, §§53-2-1 to Discharge and resignation of personal representatives, §§53-7-50 to 53-7-56. Effective date of provision, §53-1-1. Executors and administrators, §§53-6-1 to 53-6-64. Foreign or out-of-state wills. Probate generally, §§53-5-30 to Foreign personal representatives, §§53-5-42 to 53-5-47.

PROBATE CODE - Cont’d Intestate succession. Descent and distribution generally, §§53-2-1 to 53-2-51. Inventory, §§53-7-30 to 53-7-34. Investments by personal representatives, §§53-8-1 to Missing persons and persons believed to be dead. Conservators of estates, §§53-9-10 to 53-9-16, 53-9-21. Personal representatives, §§53-7-1 to Probate court proceedings, §§53-11-1 to 53-11-11. Probate of wills, §§53-5-1 to 53-5-51. Revised probate code of 1998. Provisions known and cited as, §53-1-1. Sale or conveyance of property, §§53-8-10 to 53-8-15. Settlement of accounts, §§53-7-60 to Short title, §53-11-1. Simultaneous death, §§53-10-1 to Wills, §§53-4-1 to 53-4-74. Year’s support, §§53-3-1 to 53-3-21. PROBATE COURTS. Affidavits. Authority to make, §53-11-7. Applicability of procedural provisions, §53-11-1. Authentication of documents, §53-11-11. Beneficiaries. Defined, §53-11-9. Citations. Issuance upon filing of petition, §53-11-9. Compliance with procedural provisions, §53-11-1. Descent and distribution. Court proceedings generally, §§53-11-1 to 53-11-11. In-kind distribution, orders, §53-2-32. Judicial determination of heirs and interests. Jurisdiction of court, §53-2-20. Procedure, §53-2-24. Executors and administrators. Construction of wills. Settlement of accounts, §53-7-75. Generally, §§53-6-1 to 53-6-64.

INDEX PROBATE COURTS - Cont’d Exemplification of document, §53-11-11. Guardian ad litem, §53-11-2. Hearings. Date by which hearing to be held, §53-11-10. Judges. Missing heirs or beneficiaries. Depositories for and custodian of moneys of heirs who cannot be located, §53-9-8. Jurisdiction. Probate of wills, §53-5-1. Notice. Hearings, §53-11-10. Oaths. Authority to administer, §53-11-7. Objections. Date by which objections must be filed, §53-11-10. Petitions. Citations. Issuance upon filing, §53-11-9. Verification, §53-11-8. Probate of wills. Jurisdiction, §53-5-1. Proceedings in probate court, §§53-11-1 to 53-11-11. Publication. Official county newspaper, newspaper in which sheriff’s advertisements are published, etc. Interpretation and construction, §53-11-9. Publication, service by publication, etc. Interpretation and construction, §53-11-9. Service of process. Acknowledgment of service, §53-11-6. Additional service or notice, §53-11-5. Guardian ad litem, §§53-11-2, 53-11-3. Incapacitated adults or minors, §53-11-3. Military personnel, §§53-11-3, 53-11-6. Notice, service of notice, due notice, etc. Interpretation and construction, §53-11-9. Out-of-state resident, §53-11-4. Personal service, §53-11-3. Unknown person or resident, §53-11-4. Waiver, §53-11-6. Verification of petitions, §53-11-8.

PROBATE OF WILLS, §§53-5-1 to Ancillary proceedings. Foreign personal representatives, §§53-5-42 to 53-5-47. Bona fide purchaser purchasing property before probate, §53-5-4. Codicils. Time to offer for probate, §53-5-3. Common form, §§53-5-15 to 53-5-19. Authorization by court order, §53-5-18. Authorized form of probate, §53-5-15. Conclusiveness, §53-5-16. Minor heirs, §53-5-19. Parties in interest, §53-5-19. Notice requirements of solemn form not met. Conclusiveness of proceedings, §53-5-20. Order granted by court, §53-5-18. Procedure generally, §53-5-17. Self-proved wills. Procedure, §53-5-17. Setting aside. Persons protected, §53-5-16. Contempt for withholding will, §53-5-5. Copy of will offered for probate in lieu of original. Original not found for probate, §53-4-46. Domicile of testator, §53-5-1. Duty to file promptly, §53-5-5. Executors and administrators. Generally, §§53-6-1 to 53-6-64. Expenses, persons entitled to recover, §53-5-26. Filing of will. Duty of person possessing will, §53-5-5. Foreign or out-of-state wills generally, §§53-5-30 to 53-5-41. Foreign personal representatives, §§53-5-42 to 53-5-47. General provisions, §§53-5-1 to 53-5-7. Beneficiaries. Admission before qualification, §53-5-6. Codicils. Proof of codicil, §53-5-7. Devisavit vel non. Evidence of admission of executor or beneficiary before qualification, §53-5-6. Domicile of testator, §53-5-1.

INDEX PROBATE OF WILLS - Cont’d General provisions - Cont’d Duty to file will, §53-5-5. Executors and administrators. Admission before qualification, §53-5-6. Right to offer will for probate, §53-5-2. Filing of will, duty, §53-5-5. Jurisdiction of probate court, §53-5-1. Proof of codicil, §53-5-7. Purchase for value of property before probate. Recovery by bona fide purchaser, §53-5-4. Recovery of property from bona fide purchaser for value, §53-5-4. Right to offer will for probate, §53-5-2. Time limitation, §53-5-3. Interested persons. Right to offer will for probate, §53-5-2. Settlement agreements, §53-5-25. In terrorem, conditions. Settlement agreements. Entering into or petition court as to agreement not considered violation of condition in terrorem, §53-5-25. Nonjudicial settlement agreements. Entering into or petition court as to agreement not considered violation of condition in terrorem, §53-5-27. Jurisdiction, §53-5-1. Applicability of provisions, §53-5-53. Issuance of relief, §53-5-51. Original jurisdiction, §53-5-50. Petition for jurisdiction, §53-5-51. Applicability of provisions, §53-5-53. Contents, §53-5-51. Effect of filing, §53-5-52. Time to bring petition, §53-5-52. Probate court, §53-5-1. Service of notice, §53-5-51. Limitation of time, §53-5-3. Petition to vacate, set aside or amend order admitting will. Time to bring petition, §53-5-52. Missing persons or persons believed to be dead. Administration of estates, §§53-9-1 to 53-9-8, 53-9-20. Nonjudicial settlement agreements, §53-5-27. Petition to vacate, set aside or amend order admitting will. Applicability of provisions, §53-5-53.

PROBATE OF WILLS - Cont’d Petition to vacate, set aside or amend order admitting will - Cont’d Contents, §53-5-51. Effect of filing, §53-5-52. Grounds, §53-5-50. Jurisdiction, §53-5-50. Time to bring petition, §53-5-52. Proceedings in probate court, §§53-11-1 to 53-11-11. Promptness in filing, §53-5-5. Right to offer will, §53-5-2. Self-proved wills. Probate in common form, §53-5-17. Settlement agreements, §53-5-25. Nonjudicial settlement agreements, §53-5-27. Simultaneous death, §§53-10-1 to Solemn form, §§53-5-20 to 53-5-22. Authorized form of probate, §53-5-15. Conclusiveness, §53-5-20. Contingency, possession of interest based on. Notice not required, §53-5-22. Manner of serving notice, §53-5-22. Notice requirements, §53-5-22. Conclusiveness when not complied with, §53-5-20. Numerous beneficiaries. Modification of notice requirement, §53-5-22. Petition, §53-5-21. Notice requirements, §53-5-22. Procedures, §53-5-21. Purported wills. Giving notice to beneficiaries for proceedings pending in state, §53-5-22. Service of notice, §53-5-22. Time limitation, §53-5-3. Witnesses. Common form of probate, §53-5-17. Examination of witnesses, §53-5-23. Solemn form of probate, §53-5-21. Examination of witnesses, §53-5-23. Unavailability of subscribing witnesses, §53-5-24. PROBATION. Boats and other watercraft. Operation under the influence, §52-7-12.

INDEX PUBLICATION - Cont’d Probate courts - Cont’d Publication, service by publication, etc. Interpretation and construction, §53-11-9. Probate of wills. Solemn form. Service of notice, §53-5-22. Service by publication. Probate court proceedings, §53-11-4. Year’s support. Issuance of citation, §53-3-6.

PROFIT-SHARING PLANS. Principal and income act. Allocation of payments from, §53-12-425. PROPERTY. Georgia ports authority. Powers of authority as to, §52-2-9. Sale and other disposition, §52-2-11. Navigation companies. Powers as to property, §52-5-11. PROPERTY TAXES. Year’s support. Taxes and tax liens, §53-3-4.

PURCHASE MONEY RESULTING TRUST, §53-12-131.

PROTECTION OF TIDEWATERS ACT. General provisions, §§52-1-1 to Short title, §52-1-1.

Q QUAYS. Georgia ports authority. General provisions, §§52-2-1 to

PRUDENT PERSON RULE. Boats and other watercraft. Accidents. Good Samaritan clause, §52-7-14. Executors and administrators. Investments, §§53-8-1, 53-8-2. Trustees. Administration of trust, §53-12-241. Investing and managing trust property, §§53-8-2, 53-12-340. Prudent investor rule, applicability, §53-12-241.

RACING. Boats, §52-7-19.

PUBLICATION. Boats and other watercraft. Rules and regulations, §52-7-24. Claims against or in favor of decedent’s estate. Notice to creditor to render account, §53-7-41. Decedents’ estates. Missing persons and persons believed to be dead. Administration of estates. Notice, §53-9-2. Executors and administrators. Notice of petition for letters of administration, §53-6-22. Notice to creditors to render account, §53-7-41. Probate courts. Official county newspaper, newspaper in which sheriff’s advertisements are published, etc. Interpretation and construction, §53-11-9.

RAPE. Descent and distribution. Inheritance from children born out of wedlock. Sworn statement of father acknowledging parent-child relationship. Exception where child conceived from nonconsensual intercourse, §53-2-4.

R

RAFTS. Boats and other watercraft. Generally, §§52-7-1 to 52-7-77. Canal toll rates, §52-4-12. Life preservers. Sale of flotation devices, §52-7-8. Races, §52-7-19. Vessel. Defined. Abandoned vessels, §52-7-70. Georgia boat safety act, §52-7-3.

RATES AND CHARGES. Canal companies. Furnishing of canal water. Use of water, §52-4-11. Use of canals. Toll rates, §52-4-12.

INDEX REAL PROPERTY. Decedents’ estates. Intestate nondomiciliary owning real property in state, §§53-5-38, Wills probated or established in another state. Muniments of title, §53-5-35. Descent and distribution. Dispensing with administration. Order granting petition to dispense, §53-2-40. Nondomiciliary intestate owning real property in state, §§53-5-38, Executors and administrators. Investments by personal representatives, §53-8-2. Georgia ports authority. Acquisition of real property. Funds for, §52-2-12. Powers of authority, §52-2-9. State properties commission. Approval and consent, §52-2-13. Sale or other disposition of land, §52-2-11. Trusts. Management. Trustee’s powers, §53-12-261. Transfer of property in trust. Recordation of instrument of conveyance required, §53-12-25. Validity, law determining, §53-12-4. Wills. Muniments of title. Wills probated or established in another state, §53-5-35. Year’s support. Awarding interest in real property, §53-3-11. Subject to option to purchase or contract to sell, §53-3-14. Subject to purchase money mortgage, §53-3-16. RECIPROCITY. Pilots and pilotage. Port of St. Marys and tributaries of St. Marys river. Reciprocal pilotage, §52-6-11. RECORDATION. Deeds. Deed to acquire beneficial interest in property. Deed creating estate, §53-12-152.

RECORDATION - Cont’d Deed to acquire beneficial interest in property. Deed creating estate, §53-12-152. Executors and administrators. Settlement of accounts. Annual returns, §53-7-70. Final receipts, §53-7-65. Trusts. Deed to acquire beneficial interest in property. Deed creating estate, §53-12-152. Transfer of real property in trust. Recordation of instrument of conveyance required, §53-12-25. RECORDS. Boats and other watercraft. Boat liveries, §52-7-9. Numbering of vessels, §52-7-5. Canal companies. Secretary of state. Files and books regarding canal companies, §52-4-3. Pilots and pilotage. Board of pilotage commissioners, §52-6-8. Location of records, §52-6-10. REGATTAS. Boats, §52-7-19. REMAINDERS AND REVERSIONS. Life beneficiary of trust. Remainder in life beneficiary’s heirs of estate. Trust not considered revocable because of, §53-12-44. Reversion in trust assets. Trust not considered revocable because of, §53-12-44. REMARRIAGE. Wills. Testator to former spouse, §53-4-49. Year’s support. Barring right to support, §53-3-2. RENT. Georgia principal and income act. Allocation to income. Rent from rental property, §53-12-421. Principal and income act. Allocation to income. Rent from rental property, §53-12-421. RENUNCIATION OF WILLS, §53-1-20.

INDEX REPLEVIN. Vessels, §52-8-3. REPORTS. Accidents. Boating accidents, §52-7-14. Definition of reportable boating accident, §52-7-3. Federal officials and agencies. Furnishing information to, §52-7-15. Boats and other watercraft. Accidents, §52-7-14. Definition of reportable boating accident, §52-7-3. Federal officials and agencies. Furnishing information to, §52-7-15. Discharge of substances dangerous to navigation or property. Pilots to report unlawful discharges, §52-8-2. Deed to acquire beneficial interest in property. Return made to secretary, §53-12-157. Executors and administrators. Settlement of accounts. Intermediate reports, §§53-7-73 to Missing persons and persons believed to be dead. Conservators of estates, §53-9-14. Trusts. Assets, liabilities, receipts, disbursement of trust. Request by beneficiary, trustee’s duty, §53-12-243. Deed to acquire beneficial interest in property. Return made to secretary, §53-12-157. REPUBLICATION OF WILLS. Dependent relative revocation, §53-4-45. Previous will, §53-4-45. Revoked will, §53-4-50. RESIDUARY TESTAMENTARY GIFT. Wills, §53-4-59. Order for payment of debts, §53-4-63. RESIDUUM. Executors and administrators. Powers and duties of personal representatives. Distribution of residuum, §53-7-2.

RESIDUUM - Cont’d Wills. Executors’ duties, §53-7-2. RESTAURANTS. Boats and other watercraft. Speed restrictions when operating adjacent to, §52-7-18. Personal watercraft. Speed restrictions when operating adjacent to, §52-7-8.2. RESTITUTION. Spendthrift provisions of trust. Validity as to claims for, §53-12-80. Trusts. Spendthrift provisions trust. Validity as to claims for, §53-12-80. RESULTING TRUSTS. Defined, §53-12-130. Parol evidence. Cases where trust sought to be implied, §53-12-133. Purchase money resulting trust. Defined, §53-12-131. Gift presumed. Payors of consideration husband and wife, parent and child, siblings, §53-12-131. Presumption in favor of trust. Payment of consideration, §53-12-131. Revised trust code of 2010 generally, §§53-12-1 to 53-12-455. RETIREMENT AND PENSIONS. Pilots and pilotage. Compulsory retirement of pilots, §52-6-53. Principal and income act. Allocation of payments from pension, §53-12-425. Spendthrift provisions of trust on pension or retirement arrangement. Validity, §53-12-80. Trusts. Principal and income. Allocation of payments from pension, §53-12-425. Spendthrift provisions on pension or retirement arrangement. Validity, §53-12-80. Testamentary additions to trusts. Designation of trust as beneficiary of testator’s plan, §53-12-120.

INDEX REVISED PROBATE CODE OF 1998 - Cont’d Simultaneous death, §§53-10-1 to Wills, §§53-4-1 to 53-4-74. Years support, §§53-3-1 to 53-3-21.

REVENUE AND TAXATION. Canal companies. Subject to taxes, §52-4-16. Georgia ports authority. Exemption from taxation. Covenant with bondholders as to tax-exempt status, §52-2-37. Revenue bonds. Exemption, §52-2-18.

REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT. Generally, §§53-13-1 to 53-13-40. Short title, §53-13-1.

REVISED GEORGIA TRUST CODE OF 2010. General provisions, §§53-12-1 to Short title, §53-12-1.

REVIVAL OF PREVIOUS WILL, §53-4-45.

REVISED PROBATE CODE OF 1998. Actions against personal representatives, §§53-7-10 to Ancillary proceedings. Foreign personal representatives, §§53-5-42 to 53-5-47. Probate of foreign or out-of-state wills, intestate nondomiciliary, §§53-5-30 to 53-5-41. Claims against or in favor of estate, §§53-7-40 to 53-7-45. County administrators, §§53-6-35 to Descent and distribution, §§53-2-1 to Discharge and resignation of personal representatives, §§53-7-50 to 53-7-56. Effective date of provision, §53-1-1. Executors and administrators, §§53-6-1 to 53-6-64. Foreign or out-of-state wills. Probate generally, §§53-5-30 to Foreign personal representatives, §§53-5-42 to 53-5-47. Intestate succession. Descent and distribution generally, §§53-2-1 to 53-2-51. Inventory, §§53-7-30 to 53-7-34. Investments by personal representatives, §§53-8-1 to Personal representatives, §§53-7-1 to Probate of wills, §§53-5-1 to 53-5-51. Provisions known and cited as, §53-1-1. Settlement of accounts, §§53-7-60 to

REVOCATION OF WILL. Adoption of child, §53-4-48. After-born children, §53-4-48. Dependent relative revocations, §53-4-45. Destruction of will or material portion thereof, §53-4-44. Divorce or annulment of marriage, §53-4-49. Express revocation, §53-4-42. Destruction or obliteration of a will, §53-4-44. Subsequent will, §53-4-43. Implied revocation, §53-4-42. Effect, §53-4-47. Presumption when not found for probate, §53-4-46. Intent, §53-4-41. Presumption of intent, §53-4-46. Joint or mutual wills, §§53-4-32, Marriage of testator, §53-4-48. Obliteration of will or material portion thereof, §53-4-44. Power of testator, §53-4-40. Remarriage to former spouse, §53-4-49. Republication of previous will, §53-4-45. Republication of revoked will, §53-4-50. Revival of previous will, §53-4-45. Subsequent will revoking previous will, §§53-4-42, 53-4-43. RIGHT OF ENTRY. Intracoastal waterway. Department of transportation. Entry of lands to locate rights of way, §52-3-11.

INDEX RUM CREEK PUBLIC FISHING AREA. Boating safety zones, §52-7-13.

RIGHT OF PASSAGE ACT. General provisions, §§52-1-30 to Short title, §52-1-30. RIVER AND HARBOR DEVELOPMENT. Attorney general. Contracts or agreements. Approval by attorney general, §52-9-2. Channels. Projects for improving, §52-9-1. Contracts. Attorney general to approve, §52-9-2. Dredging operations, §§52-9-1, 52-9-2. Improvements. Project for improving river travel, §52-9-1. RIVERS. Boats and other watercraft. General provisions, §§52-7-1 to Development, §§52-9-1, 52-9-2. Discharge of substances dangerous to navigation or property. Generally, §§52-8-1 to 52-8-5. Georgia ports authority. General provisions, §§52-2-1 to Pilots and pilotage. General provisions, §§52-6-1 to

RUSSELL LAKE. Protected fresh waters. Discharge of sewage from vessels. Prohibited, §52-7-8.1. S SAFE-DEPOSIT BOXES. Executors and administrators. Powers and duties of personal representatives, §53-7-5. SAFETY ZONES. Boating safety zones, §52-7-13. SAILBOARD. Defined, §52-7-3. SAILBOATS. Lights, §52-7-11. Registration, §52-7-6. SAILING RULES, §52-7-18.

ROYALTIES. Principal and income act. Allocation of receipts from interest in minerals, other natural resources, §53-12-427. Allocation of receipts from royalty right, §53-12-426. RULES AND REGULATIONS. Boats and other watercraft. Board of natural resources, §52-7-23. Capacity plates, §§52-7-47, 52-7-48. Enforcement, §52-7-25. Filing and publication, §52-7-24. Violations as misdemeanors, §52-7-26. Georgia ports authority, §52-2-7. Projects, §52-2-33. Pilots and pilotage. Board of pilotage commissioners, §52-6-11. RULES OF THE ROAD. Boat traffic, §52-7-18.

RURAL PROPERTY. Descent and distribution. Vesting of title to real property, §53-2-7.

SALES. Canal companies. Canal and other properties, §52-4-14. Executors and administrators, §§53-8-10 to 53-8-15. Georgia ports authority. Certain buildings or facilities, §52-2-3. Property of authority, §52-2-11. Heart pacemakers. Wills, §53-4-73. Pacemakers. Wills, §53-4-73. Year’s support. Property sold by personal representative prior to award, §53-3-13. SALVAGE. Boats and other watercraft. Failure to salvage vessel within certain time after sinking, §52-7-14. SANCTIONS. Executors and administrators. Discharge and resignation of personal representatives, §53-7-55.

INDEX SAND. Beach replenishment. Sand originating from dredging of navigation channels, §52-9-2. Dredging operations. Deposit, §§52-9-1, 52-9-2. SEAPORTS. Georgia ports authority. General provisions, §§52-2-1 to SEARCHES AND SEIZURES. Boats and other watercraft. Hull identification numbers. Seizure of vessels without HINs, §52-7-7.3. Powers of enforcement officers, §52-7-25. Hull identification numbers. Seizure of vessels without HINs, §52-7-7.3. SECRETARY OF STATE. Canal companies. Certificate of incorporation. Issuance, §52-4-2. Files and books concerning canal companies. Maintenance, §52-4-3. Petition for incorporation. Filing with secretary of state, §52-4-1. Deed to acquire beneficial interest in property. Deed creating trusts. Certification of filing with secretary of state, §53-12-152. Return made to secretary, §53-12-157. Trusts. Deed to acquire beneficial interest in property. Deed creating trusts. Certification of filing with secretary of state, §53-12-152. Return made to secretary, §53-12-157. Nonresident trustees. Service of process on secretary. Failure to designate agent for service, §53-12-320. SECRETARY OF STATE CORPORATIONS. Canal companies, §§52-4-1 to 52-4-16. Navigation companies, §§52-5-1 to

SECURITIES. Asset-backed securities. Principal and income act. Defined, allocation, §53-12-431. Banks and trust companies. Deposit in clearing corporation, §53-12-292. Registration in name of nominee, §§53-12-290, 53-12-291. Clearing corporation. Deposit by fiduciary holding securities, §53-12-292. Executors and administrators. Investments by personal representatives, §§53-8-3, 53-8-4. Fiduciaries holding. Deposit in clearing corporation, §53-12-292. Registration in name of nominee. Banks and trust companies, §§53-12-290, 53-12-291. Nominee. Registration in name of. Banks and trust companies acting as fiduciaries, §§53-12-290, Principal and income act. Asset-backed securities. Defined, allocation, §53-12-431. Registration of securities. Banks and trust companies acting as fiduciaries. In name of nominee, §§53-12-290, TODs, §§53-5-60 to 53-5-71. Trusts. Power of trustees, §53-12-261. Principal and income. Asset-backed securities. Defined, allocation, §53-12-431. SECURITY INTERESTS. Year’s support. Personal property subject to security interests, §53-3-17. SEED LAKE. Boats and other watercraft. Operation of certain vessels prohibited, §52-7-13. SELF-CIRCLING DEVICE. Personal watercraft, requirement, §52-7-8.2. SELF-PROVED WILLS OR CODICILS, §53-4-24. Probate of wills. Common form procedure, §53-5-17.

INDEX SELF-PROVED WILLS OR CODICILS - Cont’d Probate of wills - Cont’d Solemn form, §53-5-21. SERVICE OF PROCESS. Charitable trusts. Actions relating to rights of beneficiaries, §53-12-174. Executors and administrators. Actions against personal representatives, §53-7-13. Breach of fiduciary duties. Damages, injunctions, etc, actions for, §53-7-54. Compensation of administrators. Petition for extra compensation, §53-6-62. Foreign personal representatives, §53-5-46. Powers and duties. Petitions to exercise powers, notice, §53-7-6. Sale or conveyance of property. Notice to heirs or affected beneficiaries, §53-8-13. Settlement of accounts. Unsuccessful service, sufficiency, §53-7-62. Fiduciary access to digital assets. Method of service of notice, §53-13-4. Foreign personal representatives, §53-5-46. Intracoastal waterway. Lands affected by chapter, §52-3-12. Mail service. Probate court proceedings, §53-11-3. Probate courts. Acknowledgment of service, §53-11-6. Additional service or notice, §53-11-5. Foreign personal representatives, §53-5-46. Guardians ad litem, §§53-11-2, Incapacitated adults or minors, §53-11-3. Military personnel, §§53-11-3, 53-11-6. Notice of petition for probate in solemn form, §53-5-22. Notice, service of notice, due notice, etc. Interpretation and construction, §53-11-9. Out-of-state resident, §53-11-4. Personal service, §53-11-3.

SERVICE OF PROCESS - Cont’d Probate courts - Cont’d Unknown person or residence, §53-11-4. Waiver, §53-11-6. Probate of wills in solemn form, §53-5-22. Publication service. Probate court proceedings, §53-11-4. Trusts. Appointment of trustees. Petition, notice, §53-12-201. Charitable trusts. Actions relating to rights of beneficiaries, §53-12-174. Compensation of trustee. Greater than amount allowed. Petition, notice, §53-12-212. Final accounting. Death, resignation, removal of trustee, termination of trust. Petition, notice, §53-12-231. Foreign entities serving as trustees, §53-12-323. Interim accounting relieving trustee from liability. Petition, notice, §53-12-230. Nonresident trustees, §53-12-320. Foreign entities serving as trustees, §53-12-323. Reformation of trust. Petition, notice, §53-12-60. Resignation of trustee. Petition, notice, §53-12-220. SETTLEMENTS. Claims against or in favor of estate, §53-7-45. Decedents’ estates. Settlement of accounts, §§53-7-60 to Executors and administrators. Settlement of accounts, §§53-7-60 to Temporary administration. Authority of temporary administrator to bring, support or oppose settlement agreement, §53-6-31. Probate of wills, §53-5-25. Claims against or in favor of estate, §53-7-45. Nonjudicial settlement agreements, §53-5-27. Trusts. Nonjudicial settlement agreements, §§53-12-8, 53-12-9.

INDEX SETTLEMENTS - Cont’d Trusts - Cont’d Powers of trustees, §53-12-261. Wills. In terrorem conditions to prevent entry into settlement agreement, unenforceable, §§53-4-68, 53-5-25. Nonjudicial settlement agreements, §53-5-27. SEXUAL INTERCOURSE. Descent and distribution. Inheritance from children born out of wedlock. Sworn statement of father acknowledging parent-child relationship. Exception where child conceived from nonconsensual intercourse, §53-2-4.

SHIPS AND VESSELS. Abandoned vessels, §§52-7-70 to Capacity plates, §§52-7-40 to 52-7-51. General provisions, §§52-7-1 to

SIBLINGS. Descent and distribution. Rules of inheritance, §53-2-1. Gift presumed. Purchase money resulting trusts. Payors of consideration siblings, §53-12-131. SIGNATURES. Wills. Execution and attestation, §§53-4-20,

SEXUAL OFFENSES. Descent and distribution. Inheritance from children born out of wedlock. Sworn statement of father acknowledging parent-child relationship. Exception where child conceived from nonconsensual intercourse, §53-2-4. Minors. Descent and distribution. Inheritance from children born out of wedlock. Sworn statement of father acknowledging parent-child relationship. Exception where mother of child less than 10 years of age, §53-2-4. SHERIFFS. Deputies. Abandoned vessels in possession of person creating lien at request of deputy. Proceeds of sale. Payment into general fund, §52-7-77.

SHIPS AND VESSELS - Cont’d Georgia ports authority. General provisions, §§52-2-1 to Pilots and pilotage. General provisions, §§52-6-1 to

SIMULTANEOUS DEATH, §§53-10-1 to 53-10-6. Applicability of chapter, §53-10-5. Beneficiaries whose interests depend on surviving another individual, §53-10-3. Construction and interpretation, §53-10-6. Disposition of property, §§53-10-2 to Beneficiaries whose interests depend on surviving another individual, §53-10-3. Joint owners, §53-10-4. Priority of death as determining factor, §53-10-2. Joint owners, §53-10-4. Priority of death as determining factor in devolution of property, §53-10-2. Probate court proceedings, §§53-11-1 to 53-11-11. Provisions by decedent for different manner of distribution, §53-10-5. Short title, §53-10-1. Uniformity of law, §53-10-6. SIMULTANEOUS DEATH ACT IN GEORGIA. General provisions, §§53-10-1 to Short title, §53-10-1. SISTERS. Gift presumed. Purchase money resulting trusts. Payors of consideration siblings, §53-12-131.

INDEX SOLEMN FORM OF PROBATE. Probate of wills, §§53-5-20 to 53-5-22. SPECIFIC TESTAMENTARY GIFT. Wills, §53-4-59. Ademption or destruction, §53-4-66. Condemnation, exchange, loss, theft or destruction, §53-4-67. Income, proffer or increase, §53-4-60. Order for payment of debts, §53-4-63. SPEED. Boats and other watercraft. Reduction of speed by power vessels approaching nonpowered vessels, §52-7-18. Restrictions, §52-7-17. Operation near certain areas, §52-7-18. Personal watercraft, §52-7-8.2. Personal watercraft. Restrictions, §52-7-8.2. SPENDTHRIFT PROVISIONS. Revised trust code of 2010, §§53-12-80 to 53-12-83. Alimony, child support, taxes, torts, restitution, necessaries. Provisions not valid as to claims against beneficiary’s right to distribution to extent distribution subject to garnishment, §53-12-80. Beneficiary also contributor to trust. Validity of provisions, §53-12-80. Beneficiary’s interest shall terminate or become discretionary. Validity of provision, §53-12-80. Compelling trustee or trust director to pay amount payable in trustee’s or trust director’s discretion, §53-12-81. Creditors or assignees. Ability to reach beneficiary’s interest, §53-12-80. Rules applicable to creditors of settlor, §53-12-82. Defined, §53-12-2. Garnishment. Provisions not valid as to certain claims against beneficiary’s right to distribution to extent distribution subject to, §53-12-80. Generally, §§53-12-1 to 53-12-455. Pension or retirement arrangement. Validity of provisions, §53-12-80.

SPENDTHRIFT PROVISIONS - Cont’d Revised trust code of 2010 - Cont’d Transfers by beneficiary in violation of provisions. Prohibited, exception, §53-12-80. Validity, §53-12-80. Variation of provisions of chapter by trust instrument. Exception, §53-12-7. Words sufficient to restrain voluntary or involuntary transfers, §53-12-80. SPOUSES. Simultaneous death act, §§53-10-1 to Wills. General provisions, §§53-4-1 to Year’s support. General provisions, §§53-3-1 to STATE FINANCING AND INVESTMENT COMMISSION. Georgia ports authority. Commission approval of bond issues, §52-2-23. STATUTE OF LIMITATIONS. Administration of estates. Missing persons and persons believed to be dead. Recovery of property by missing individual, §53-9-6. Breach of trust. Beneficiary’s claim, §53-12-307. Cotrustee’s claim against cotrustee, §53-12-307. Successor trustee’s claim against predecessor, §53-12-307. Claims against or in favor of decedent’s estate. Creditors failing to give notice with prescribed time, §53-7-41. Missing persons and persons believed to be dead. Administration of estates. Recovery of property by missing individual, §53-9-6. Probate of wills, §53-5-3. Petition to vacate, set aside or amend order admitting will, §53-5-52. Trusts. Breach of trust. Beneficiary’s claim, §53-12-307.

INDEX STATUTE OF LIMITATIONS - Cont’d Trusts - Cont’d Breach of trust - Cont’d Cotrustee’s claim against cotrustee, §53-12-307. Successor trustee’s claim against predecessor, §53-12-307. Contest of validity of trust. Trust revocable by settlor before settlor’s death, §53-12-45. STEERING AND SAILING RULES. Vessels to conform to, §52-7-18. STEERING OF CONVEYANCES. Operator. Drunk driving, §52-7-12. Water vehicles. Generally, §§52-7-8, 52-7-18. STOCK AND STOCKHOLDERS. Canal companies. Increase or decrease of capital stock, §52-4-9. Personal liability of stockholders, §52-4-6. Subscription for capital stock. Notice. Publication of notice upon subscription for all capital stock and payment of ten percent, §52-4-6. Opening books of subscription, §52-4-5. Executors and administrators. Sale of stocks and bonds, §53-8-12. Trusts. Power of trustees, §53-12-261. STOCK BONUS PLANS. Principal and income act. Allocation of payments from, §53-12-425. STOCK-OWNERSHIP PLANS. Principal and income act. Allocation of payments from, §53-12-425. STOLEN PROPERTY. Testamentary gifts. Specific gift, §53-4-67. STREAMS. Discharge of substances dangerous to navigation of property, §§52-8-1 to 52-8-5.

SUBDIVISIONS. Trusts. Trustee’s power to manage real property, §53-12-261. SUBPOENAS. Boats and other watercraft. Service of subpoenas. Powers of enforcement officers, §52-7-25. Pilots and pilotage. Board of pilotage commissioners, §§52-6-39, 52-6-40. Fees, §52-6-44. SUCCESSION TO PROPERTY. Renunciation, §53-1-20. SUCCESSOR TRUSTEES. Accounting upon change of trustees, §53-12-243. Authority of original trustee, §53-12-201. Breach of trust. Liability for acts or omissions of prior trustee, §53-12-304. Statute of limitation. Successor trustee’s claim against predecessor, §53-12-307. Succeeding trustee also settlor, §53-12-304. SUMMONS AND PROCESS. Failure to obey, §52-6-40. SUPERIOR COURTS. Charitable trusts or gifts. Effectuating settlor’s or donor’s intention, §53-12-172. Clerks of court. Administration of unrepresented estates, §53-6-39. Deeds. Foreign personal representatives executing or delivering. Requirements for accepting for filing and recording, §53-5-43. Executors and administrators. Administration of unrepresented estate by clerk of superior court, §53-6-39. Foreign personal representatives delivering deeds. (1887 Revised Probate Code). Requirements for accepting for filing and recording, §53-5-43.

INDEX SUPERIOR COURTS - Cont’d Descent and distribution. Judicial determination of heirs and interests. Jurisdiction, §53-2-20. Procedure, §53-2-23. Executors and administrators. Administration of unrepresented estate by clerk of court, §53-6-39. Jurisdiction. Trusts. Actions maintained in superior courts, §53-12-6. Trusts. Actions maintained in superior courts, §53-12-6. Charitable trusts. Effectuating settlor’s or donor’s intention, §53-12-172.

SURVIVING SPOUSES - Cont’d Income taxes. Overpayment of state or federal income tax. Refund to surviving spouse, §53-1-6. Minors. Wills, trusts and administration of estates, §53-1-7. Year’s support, §§53-3-1 to 53-3-21.

SUPPORT AND MAINTENANCE. Wills, trusts and administration of estates. Income from estate used for support, §53-1-4. Year’s support, §§53-3-1 to 53-3-21.

TALLULAH FALLS LAKE. Boats and other watercraft. Operation of certain vessels prohibited, §52-7-13.

SURFBOARDS. Endangering child. Person towing child on surfboard while under influence of alcohol or drugs, §52-7-12. Operation while under influence of alcohol or drugs, §52-7-12.1. Person under age of 21 in physical control of moving surfboard after consuming alcohol, §52-7-12. Reckless or negligent operation, §52-7-12.1. Speed restrictions on vessels towing within certain area, §52-7-18. Towing persons on aquaplanes. Restrictions, §52-7-16. SURVIVAL OF ACTIONS. Executors and administrators. Joint administrators or executors, §53-7-43. Joint personal representatives, §53-7-12. SURVIVING SPOUSES. Descent and distribution. Intestate death of surviving spouse, §53-2-8.

SWIMMING AREAS. Boating safety area, §52-7-13. Boat speed restrictions, §52-7-14. Operation adjacent to, §52-7-18. Personal watercraft. Speed restrictions when operating adjacent to, §52-7-8.2. T

TAXATION. Canal companies. Subject to taxes, §52-4-16. Exemptions from taxation. Georgia ports authority. Revenue bonds, §52-2-18. Georgia ports authority. Exemption from taxation. Revenue bonds, §52-2-18. Covenant with bondholders as to tax-exempt status, §52-2-37. Private foundations. Provisions to avoid tax liability, §§53-12-180 to 53-12-195. Spendthrift provisions of trusts. Validity as to claims for taxes, §53-12-80. Trusts. Income taxes. Adjustment between principal and income because of, §53-12-455. Payment from principal or income, §53-12-454. Spendthrift provisions. Validity as to claims for taxes, §53-12-80. Year’s support. Taxes and tax liens, §53-3-4. TEMPORARY ADMINISTRATION. Decedents’ estates, §§53-6-30, 53-6-31.

INDEX TESTAMENTARY ADDITIONS TO TRUSTS ACT. General provisions, §§53-12-100 to TESTAMENTARY DISPOSITIONS. Wills. General provisions, §§53-4-1 to TESTAMENTARY TRUSTS. Capacity to create, §53-12-23. Express trusts. Creation and validity generally, §§53-12-20 to 53-12-28. Trusts generally. Revised trust code of 2010, §§53-12-1 to 53-12-455. TESTATORS. Wills. Generally, §§53-4-1 to 53-4-74. THE REVISED GEORGIA TRUST CODE OF 2010. General provisions, §§53-12-1 to Short title, §53-12-1. TIDEWATERS. Protection of tidewaters, §§52-1-1 to Citation of article, §52-1-1. Definitions, §52-1-3. Interpretation and construction. Remedies not exclusive, §52-1-8. Legislative findings, §52-1-2. Policy, §52-1-2. Remedies not exclusive, §52-1-8. Short title of article, §52-1-1. Structures. Defined, §52-1-3. Finding new residence. Allowance of time, §52-1-9. Nuisances, §52-1-4. Order for removal. Appeals, §52-1-6. Contents, §52-1-5. Hearings, §52-1-6. Issuance, §52-1-5. Service and posting of order, §52-1-5. Permits. Issuance, §52-1-10. Term, §52-1-10. Removal, §52-1-7. Time for finding new residence, §52-1-9.

TIDEWATERS - Cont’d Protection of tidewaters - Cont’d Structures - Cont’d Seizure, §52-1-7. Public trust doctrine, §52-1-2. TIMBER. Principal and income act. Allocation of receipts from sale, §53-12-428. Trusts. Principal and income. Allocation of receipts from sale, §53-12-428. Trustee’s power to manage real property, §53-12-261. TIME. Deed to acquire beneficial interest in property. Duration of estate, §53-12-151. Title vested in beneficiaries, §53-12-151. Executors and administrators. Qualification by nominated executor, §53-6-11. Trusts. Deed to acquire beneficial interest in property. Duration of estate, §53-12-151. Title vested in beneficiaries, §53-12-151. Distribution of net income by trustee, §53-12-244. Existence of irrevocable trust. Beneficiaries notified by trustee, §53-12-242. TITLE. Descent and distribution. Vesting of title to property, §53-2-7. Executors and administrators. Sale or conveyance of property. Passage of title to heirs or beneficiaries, §53-8-15. Wills. Muniments of title. Wills probated or established in another state, §53-5-35. Year’s support. Property inside or outside county, §53-3-10. Real property. Awarding interest in, §53-3-11. Vesting of title to property set apart, §53-3-9.

INDEX TODS. Transfer on death security registration, §§53-5-60 to 53-5-71. TOILETS. Marine toilets. Defined, §52-7-3. Portable marine toilets. Defined, §52-7-3. Protected freshwaters. Use of vessels on, §52-7-8.1. TOLL CANALS. Canal companies. Toll rates for use of canals, §52-4-12. TORTS. Spendthrift provisions of trusts. Validity as to claims, §53-12-80. Trusts. Spendthrift provisions trust. Validity as to claims, §53-12-80. TOURNAMENTS. Boats and other watercraft. Regulation of certain events, §52-7-19. TOWPATHS. Canal companies. Powers as to, §§52-4-8, 52-4-10. TOXIC SUBSTANCES. Boats and other watercraft. Operation of boats while under influence of glue, aerosol or toxic vapor, §52-7-12. TOYS. Personal flotation devices. Term not to include plastic toys, §52-7-8. TRADE ZONES. Foreign trade zones, §§52-10-1 to TRAFFIC LAWS. Boat traffic. Rules of the road, §52-7-18. Parking. Georgia ports authority, §52-2-10. TRAGEDIES OR PERILS RESULTING IN PROBABLE DEATH. Proof of death, §53-9-1. TRANSFER ON DEATH SECURITY REGISTRATION, §§53-5-60 to Applicability of article, §53-5-71. Authorization by statute, §53-5-63.

TRANSFER ON DEATH SECURITY REGISTRATION - Cont’d Beneficiary designation, §53-5-64. Beneficiary form. Evidence of form, §53-5-65. Owner’s hold as joint tenant, §53-5-62. Terms and conditions, §53-5-70. Who may obtain, §53-5-62. Citation of act, §53-5-60. Designation of beneficiaries, §53-5-64. Duties of registering entity, §53-5-68. Effective date of provisions, §53-5-71. Effect of transfer, §53-5-69. Creditors, §53-5-69. Effect prior to death, §53-5-66. Effect upon death, §53-5-67. Reregistration, §53-5-67. Evidence of form, §53-5-65. No effect until death, §53-5-66. Protective effect, §53-5-68. Registration authority, §53-5-63. Request for registration in beneficiary form, §53-5-68. Short title, §53-5-60. Terms and conditions, §53-5-70. TRUST DIRECTORS, §§53-12-500 to TRUSTS AND TRUSTEES, §§53-12-1 to 53-12-455. Abuse of trustee’s discretion. Exercising discretionary powers, court determination, §53-12-363. Accounting by trustees, §§53-12-230 to 53-12-232. Actions. Breach of trust, §§53-12-301 to By or against trustee. Bond to secure performance, §53-12-203. Breach of trust, §§53-12-301 to Deed to acquire beneficial interest in property. Enforcement of claims against estate, venue, §53-12-154. Sounding at law filed in court of law, §53-12-6. Venue, §53-12-6. Deed to acquire beneficial interest in property. Enforcement of claims against estate, §53-12-154.

INDEX TRUSTS AND TRUSTEES - Cont’d Actions - Cont’d Charitable trusts. Enforcement. Settlor may maintain action, §53-12-175. Rights of beneficiaries, §53-12-174. Compromise, adjust, mediate, arbitrate. settle claims and actions. Powers of trustees, §53-12-261. Contest of validity of trust. Trust revocable by settlor before settlor’s death. Statute of limitations, §53-12-45. Costs and other expenses. Disbursements from income, §53-12-450. Disbursements from principal, §53-12-451. Deed to acquire beneficial interest in property. Enforcement of claims against estate by action against trustee, venue, §53-12-154. Petition, proceedings by. Appointment of trustees, §53-12-201. Compensation of trustee. Greater than amount allowed, §53-12-212. Final accounting. Death, resignation, removal of trustee, termination of trust, §53-12-231. Interim accounting by trustee, §53-12-230. Reform trust, §53-12-60. Removal of trustee, §53-12-221. Resignation of trustee, §53-12-220. Superior courts. Actions maintained in, §53-12-6. Adjustment between principal and income. Power of trustee, §53-12-361. Conversion of trust to unitrust, §53-12-362. Administrative costs. Value of trust property insufficient to justify. Termination of trust, §53-12-65. Agent to perform investment and management functions. Defense of lack of jurisdiction. Waiver by accepting functions, §53-12-345.

TRUSTS AND TRUSTEES - Cont’d Agent to perform investment and management functions - Cont’d Reasonable care, duty to exercise, §53-12-345. Selection by trustee. Reasonable care, skill, caution, duty to use, §53-12-345. Agent under power of attorney. Creation of express trust. Writing signed by, §53-12-20. Revocation, amendment of trust, distribution of trust property. Exercise of settlor’s power, §53-12-43. Ambiguities. Parol evidence to explain. Express trust, §53-12-27. Amendment of trust. Modification of trust generally, §§53-12-40 to 53-12-45. Animals. Created to provide for care, §53-12-28. Enforcement, §53-12-28. Person appointed to enforce trust, §53-12-28. Termination. Death of animal, §53-12-28. Transfer of unexpended property, §53-12-28. Unexpended property. Transfer on termination, order of transfer, §53-12-28. Beneficiaries. Accounting. Beneficiaries of irrevocable trust. Trustee’s duty, §53-12-243. Trustee’s duty generally, §§53-12-230 to 53-12-232. Appointment of trustee, §53-12-201. Charitable beneficiaries of trust that is not a charitable trust. Representation and binding of other persons, §53-12-8. Charitable trusts. Actions relating to rights of beneficiaries, §53-12-174. Power to select, §53-12-171. Compensation to trustee. Extra compensation, petition. Notice given to qualified beneficiaries, §53-12-212. Creditors following assets in hands of, §53-12-301.

INDEX TRUSTS AND TRUSTEES - Cont’d Beneficiaries - Cont’d Deed to acquire beneficial interest in property. Termination of estate. Property passes to and vests in beneficiaries, §53-12-158. Title vested in, period of time, §53-12-151. Defined, §53-12-2. Existence of irrevocable trust. Notification, time, trustee’s duty, §53-12-242. Express trust. Reasonably ascertainable beneficiary. Requirement, satisfaction, §53-12-20. Georgia principal and income act generally, §§53-12-380 to Income beneficiaries. Principal and income act. Defined, §53-12-381. Generally, §§53-12-380 to Irrevocable trust. Accounting to, trustee’s duty, §53-12-243. Existence, notification, time, trustee’s duty, §53-12-242. Judgment rendered against trust. No personal liability, §53-12-308. Life beneficiary. Remainder interest in heirs of estate. Trust not revocable because of, §53-12-44. Reversion in or power of appointment over trust assets. Trust not revocable because of, §53-12-44. Modification, termination, etc, of trust. Proceedings to approve, §53-12-61. Principal and income act generally, §§53-12-380 to 53-12-431. Qualified beneficiary, §53-12-2. Report to beneficiaries. Assets, liabilities, receipts, disbursement of trust. Trustee’s duty upon request, §53-12-243. Representation and binding of other persons. Charitable beneficiaries of trust that is not a charitable trust, §53-12-8.

TRUSTS AND TRUSTEES - Cont’d Beneficiaries - Cont’d Representation and binding of other persons - Cont’d Settlors may not represent or bind beneficiaries, §53-12-8. Trustees representing and binding beneficiaries, §53-12-8. Resignation of trustee. Notice to qualified beneficiaries, §53-12-220. Retirement plan or life insurance policies. Designation of trust as beneficiary, §53-12-120. Return of distributed trust property. Trust determined invalid, §53-12-45. Same person as trustee. Trust not invalid or terminated, no merger of title, §53-12-24. Spendthrift provisions. Transfers of beneficiary’s interest restrained, §§53-12-80 to Trust directors. Beneficiary serving as trust director, §53-12-502. Beneficiary’s powers over trust. Applicability of provisions, §53-12-501. Trustees. Appointment by qualified beneficiaries, §53-12-201. Compensation. Agreement, modification of agreement, §53-12-210. Powers omitted from trust. Granting, §53-12-264. Breach of trust, §§53-12-301 to Contracts properly entered into. No personal liability in trustee unless failure to reveal representative capacity, §53-12-308. Cotrustees. Action against other trustee to compel performance, redress or enjoin breach, §53-12-306. Liability for breach committed by other trustee, §53-12-305. Statute of limitation. Cotrustee’s claim against other cotrustee, §53-12-307. Damages resulting, §53-12-301. Personal liability of trustee, §53-12-302.

INDEX TRUSTS AND TRUSTEES - Cont’d Breach of trust - Cont’d Judgment rendered against trust. No personal liability in trustee or beneficiary, §53-12-308. Remedies, §53-12-301. Personal liability of trustee, §53-12-302. Revocable trusts. Liability of trustee, §53-12-303. Statute of limitation. Beneficiary’s claim, §53-12-307. Cotrustee’s claim against other cotrustee, §53-12-307. Successor trustee’s claim against predecessor, §53-12-307. Successor trustees. Liability for acts or omissions of prior trustee, §53-12-304. Statute of limitation. Successor trustee’s claim against predecessor, §53-12-307. Succeeding trustee also settlor, §53-12-304. Trust directors. Directed trustees. Liability for breach of trust, §53-12-504. Trust provision relieving trustee from liability, §53-12-303. Violation of duty owed beneficiary, §53-12-300. Warranty made in conveyance. No personal liability in trustee unless distinctly expressed, §53-12-308. What constitutes, §53-12-300. Business or other enterprise. Compensation to trustee for services. Trust with ownership interest in corporation or other entity, §53-12-214. Continuance or participation in operation. Power of trustee to, §53-12-261. Farming operations. Continuance by trustee, powers, §53-12-261. Formation, transfer of trust property in exchange for stock, securities, obligations. Power of trust, §53-12-261. Separate accounting, §53-12-412. Capacity to create. Inter vivos or testamentary trusts, §53-12-23.

TRUSTS AND TRUSTEES - Cont’d Cemetery trusts. Defined, §53-12-65. Termination by trustee. Trust property insufficient to justify cost of administration, §53-12-65. Notice to attorney general required, §53-12-65. Certification of trust. Presented in lieu of copy to establish trust’s existence, §53-12-280. Charitable beneficiaries of trust that is not a charitable trust. Representation and binding of other persons, §53-12-8. Charitable entities. Representation and binding of other persons, §53-12-8. Charitable trusts, §§53-12-170 to Actions relating to rights of beneficiaries. Attorney general or district attorneys. Representation of beneficiaries and state, §53-12-174. Right to bring action, §53-12-174. Judgments binding on beneficiaries, §53-12-174. Service of process, §53-12-174. Venue, §53-12-174. Action to enforce. Settlor may maintain, §53-12-175. Beneficiaries. Power to select, §53-12-171. Defined, §53-12-170. Effectuating settlor’s or donor’s intention, §53-12-171. Indefinite or unlimited period. Continuation for, validity, §53-12-173. Private foundations, §§53-12-180 to Purposes, §53-12-170. Power to select, §53-12-171. Superior courts. Effectuating settlor’s or donor’s intention, §53-12-171. Common law and equity. Applicability to wills, trusts and administration of estates unless otherwise modified, §53-1-9. Principles remain law of state except to extent modified by chapter, §53-12-3.

INDEX TRUSTS AND TRUSTEES - Cont’d Compromise, adjust, mediate, arbitrate, settle claims and actions. Powers of trustees, §53-12-261. Conflicts of law. Law determining validity of trusts, §53-12-4. Meaning and effect of trust provisions. Law determining, §53-12-5. Conservators. Revocation, amendment of trust, distribution of trust property. Exercise of settlor’s powers by, §53-12-43. Consolidation of trusts. Power of trustee or other persons. Trust instrument may confer power upon, §53-12-61. Construction of trust provisions. Law determining meaning and effect of trust provisions, §53-12-5. Parol evidence. Express trust, §53-12-27. Constructive trusts. Defined, §53-12-132. Parol evidence. Cases where trust sought to be implied, §53-12-133. Ratification or long acquiescence. Waiver of right to trust, §53-12-132. Contracts. Contracts properly entered into by trustees. No personal liability in trustee unless failure to reveal representative capacity, §53-12-308. Powers of trustees, §53-12-261. Conversion of trust to unitrust, §53-12-362. Abuse of discretion, court determination, §53-12-363. Express total return unitrusts, §53-12-364. Corporate fiduciaries. Powers, §53-12-262. Costs and other expenses of proceedings. Disbursements from income, §53-12-450. Disbursements from principal, §53-12-451. Costs of administration. Value of trust property insufficient to justify. Termination of trust, §53-12-65.

TRUSTS AND TRUSTEES - Cont’d Creation. Deed to acquire beneficial interest in property, §§53-12-150 to Express trusts, §§53-12-20 to 53-12-28. Creditors of settlor. Rules applicable to, §53-12-82. Creditors of trust. Following assets in hands of beneficiaries, §53-12-301. Death of settlor of trust revocable immediately before settlor’s death, §53-12-45. Debts of trust. Disbursements from principal, §53-12-451. Deed to acquire beneficial interest in property, §§53-12-150 to Beneficiaries. Termination of estate. Property passes to and vests in beneficiaries, §53-12-158. Title vested in, period of time, §53-12-151. Business or trade name. Trustee conducting affairs of estate under, §53-12-153. Certificates of beneficial interests. Issuance by trustee, §53-12-154. Repurchase or redemption by trustee, §53-12-156. Claims against estate. Enforce by action against trustee, venue, §53-12-154. Creation of estate, §53-12-151. Death of trustee, effect, §53-12-155. Deed creating estate. Amendment, filing with clerk and secretary of state, §53-12-152. Certification of filing with secretary of state, form, §53-12-152. Certified copies delivered to trustee, §53-12-152. Deed defined, §53-12-150. Fees. Filing with clerk, certification by secretary of state, §53-12-152. Recording, §53-12-152. Requirements, §53-12-151. Definitions, §53-12-150. Exercise of powers by trustee, §53-12-155. Investments, §53-12-156.

INDEX TRUSTS AND TRUSTEES - Cont’d Deed to acquire beneficial interest in property - Cont’d Management and control of property. Power of trustee, §53-12-155. Merger into domestic for profit corporation, §53-12-159. Period of time estate created, §53-12-151. Property defined, §53-12-150. Renewal of estate, §53-12-151. Resignation or removal of trustee, §53-12-155. Return made to secretary, §53-12-157. Termination of estate. Property passes to and vests in beneficiaries, §53-12-158. Trustee. Legal title vested in during continuance of estate, §53-12-151. Definitions, §53-12-2. Cemetery trust, §53-12-65. Charitable trust, §53-12-170. Constructive trusts, §53-12-132. Deed to acquire beneficial interest in property, §53-12-150. Depreciation, §53-12-452. Fiduciary, §53-12-261. Georgia principal and income act, §53-12-381. Asset-backed security, §53-12-431. Derivative, §53-12-430. Entity, §53-12-410. Liquidating asset, §53-12-426. Payment, §53-12-425. Separate fund, §53-12-425. Undistributed income, §53-12-402. Purchase money resulting trust, §53-12-131. Resulting trust, §53-12-130. Depreciation. Defined, §53-12-452. Transfers from income to principal, §53-12-452. Directed trusts. Trust directors generally, §§53-12-500 to 53-12-506. Disbursement from principal and income, §§53-12-450 to 53-12-455. From income, §53-12-450. From principal, §53-12-451. Income taxes. Adjustments between principal and income, §53-12-455.

TRUSTS AND TRUSTEES - Cont’d Disbursement from principal and income - Cont’d Income taxes - Cont’d Payment from principal or income, §53-12-454. Principal and income act generally, §§53-12-380 to 53-12-431. Transfers from income to principal. Depreciation, §53-12-452. Reimbursement of income, §53-12-453. Discretionary power in trustee. Abuse of discretion, court determination, §53-12-363. Adjustment between principal and income, §53-12-361. Administering trust, §53-12-360. Conversion of trust to unitrust, §53-12-362. Distribution of trust property. Agent under power of attorney or conservator. Exercise of settlor’s power, §53-12-43. Death of settlor of trust revocable immediately before settlor’s death, §53-12-45. Disbursements from principal and income, §§53-12-450 to 53-12-455. For trustee’s personal benefit, §53-12-270. Invasion of principal of original trust and distribution to second trust. Trustees’ powers, §53-12-62. Investigation of beneficiary’s resources. No duty in trustee, §53-12-245. Net income, §53-12-244. Power of trustee, §53-12-261. Principal and income act generally, §§53-12-380 to 53-12-431. Termination of trust. Court order, §53-12-61. Unitrust, conversion of trust to, §53-12-362. Division of trust into two or more trusts. Power of trustee or other persons. Trust instrument may confer power upon, §53-12-61. Environmental matters. Disbursements from principal, §53-12-451. Equity jurisdiction. Trust subjects of, §53-12-6.

INDEX TRUSTS AND TRUSTEES - Cont’d Equity principles. Applicability to wills, trusts and administration of estates unless otherwise modified, §53-1-9. Evidence. Parol evidence. Express trusts. Construction of trust at issue, §53-12-27. Implied trusts. Nature of transaction, circumstances, conduct of parties, §53-12-133. Executors and administrators. Incorporation of powers by reference, §53-12-263. Investments by personal representatives, §§53-8-1 to Express total return unitrusts, §53-12-364. Express trusts, §§53-12-20 to 53-12-28. Animals. Created to provide care for, §53-12-28. Capacity to create, §53-12-23. Condition in terrorem. Void, exception, §53-12-22. Construction of trust at issue. Parol evidence, §53-12-27. Creation or declaration, §53-12-20. Animals. Created to provide care for, §53-12-28. Any lawful purpose, §53-12-22. Capacity, §53-12-23. Condition in terrorem. Void, exception, §53-12-22. No formal words necessary, §53-12-21. Words precatory in nature, §53-12-21. Creditors of settlor. Rules applicable to, §53-12-82. Defined, §53-12-2. Intention, trust property, beneficiary, trustee, trustee’s duties. Ascertainable with reasonable certainty, requirement, §53-12-20. Modification or revocation, §§53-12-40 to 53-12-45. Parol evidence. Construction of trust at issue, §53-12-27.

TRUSTS AND TRUSTEES - Cont’d Express trusts - Cont’d Powers of trustee, §53-12-261. Property added to existing trust, §53-12-26. Purposes, §53-12-22. Spendthrift provisions, §§53-12-80 to Transfer of property in trust, §53-12-25. Trustee and beneficiary same person. Trust not invalid or terminated, no merger of title, §53-12-24. Variation of provisions of chapter by trust instrument. Exception, §53-12-7. Writing signed by settlor or agent under power of attorney. Created or declared by, §53-12-20. Farming operations. Continuance by trustee, powers, §53-12-261. Fiduciaries. Fiduciary access to digital assets. Applicability of provisions to trustee, §53-13-3. Generally, §§53-13-1 to 53-13-40. Trustee’s powers limited by fiduciary responsibility, §53-12-261. Foreclosure. Powers of trustees, §53-12-261. Foreign entities acting in fiduciary capacity, §§53-12-321 to 53-12-323. Georgia ports authority. Status of moneys received as trust funds, §52-2-36. Georgia principal and income act generally, §§53-12-380 to Implied trusts. Constructive trusts, §53-12-132. Defined, §53-12-2. Parol evidence of nature of transaction, circumstances, conduct of parties, §53-12-133. Resulting trusts, §§53-12-130, Income beneficiaries. Principal and income act. Defined, §53-12-381. Generally, §§53-12-380 to 53-12-431. Income taxes. Adjustments between principal and income, §53-12-455. Payment from principal or income, §53-12-454.

INDEX TRUSTS AND TRUSTEES - Cont’d In terrorem conditions. Modification or termination of trust. Petitioning for or consenting to as not violating condition, §53-12-61. Settlement agreements. Nonjudicial settlement agreements not considered violation of condition, §53-12-9. Situations where condition not enforceable, §53-12-22. Inter vivos marital trusts. Death of settlor’s spouse. Assets deemed to have been contributed by settlor’s spouse, §53-12-82. Defined, §53-12-82. Inter vivos trusts. Capacity to create, §53-12-23. Express trust. Creation and validity generally, §§53-12-20 to 53-12-28. Invasion of principal of original trust. Trustees’ powers, §53-12-62. Investment companies or investment trusts. Acquisition and retention of securities. Banks or trust companies providing services to, §53-12-340. Investments. Agent to perform investment and management functions. Delegation of functions by trustee, §53-12-345. Applicability of provisions, §53-8-4. Authorized investments, §53-8-2. Trust terminology authorizing permitted investment strategies, §53-12-344. Compliance with investment rules by trustee. Determination, §53-12-343. Decisions concerning retention or disposition of assets. Trustee’s duty after accepting trusteeship or receiving assets, §53-12-342. Delegation by trustee of investment and management functions, §53-12-345. Diversification, other appropriate mechanisms. Management of risk of concentrated holdings, §53-12-341.

TRUSTS AND TRUSTEES - Cont’d Investments - Cont’d Investments permissible by law for investment of trust funds. Trust terminology authorizing permitted investment strategies, §53-12-344. Legal investments. Trust terminology authorizing permitted investment strategies, §53-12-344. Power of trustee, §53-12-261. Determination of liability, consideration, §53-12-340. Factors considered when investing, §53-12-340. Judgment and care required when exercising, §53-12-340. Special investment skills or expertise possessed, §53-12-340. What trustee may invest in, §53-12-340. Prudent person standard, §53-8-2. Risk of concentrated holdings. Reasonable management of risk by trustee, §53-12-341. Standard of judgment and care, §53-8-2. Terminology authorizing permitted investment strategies, §53-12-344. Unitrust, conversion of trust to, §53-12-362. Irrevocable trusts. Accounting required by trustee, §53-12-243. Creditors or assignees. Ability to reach property, §53-12-82. Diversification, other appropriate mechanisms. Management of risk of concentrated holdings. Inapplicability to irrevocable trusts, §53-12-341. Existence. Notification to beneficiaries, time. Trustee’s duty, §53-12-242. Judgment rendered against trust. No personal liability in trustee or beneficiary, §53-12-308. Leases. Trustee’s powers, §53-12-261. Life insurance. Designation of trust as beneficiary, §53-12-120. Limitation of action. Breach of trust. Beneficiary’s claim, §53-12-307.

INDEX TRUSTS AND TRUSTEES - Cont’d Limitation of action - Cont’d Breach of trust - Cont’d Cotrustee’s claim against cotrustee, §53-12-307. Successor trustee’s claim against predecessor, §53-12-307. Contest of validity of trust. Trust revocable by settlor before settlor’s death, §53-12-45. Loans. Powers of trustees, §53-12-261. Marital deduction testamentary gift or transfer. Distribution of assets, §53-4-74. Meaning and effect of trust provisions. Law determining, §53-12-5. Misapplication of trust assets. Attachment of assets by trust, §53-12-301. Mistake of law or fact. Reformation of trust by court, §53-12-60. Modification of trusts, §§53-12-40 to Agent under power of attorney or conservator. Exercise of settlor’s power, §53-12-43. Enlargement of trustee’s duties and liabilities. Consent of trustee required, §53-12-41. Failure of trustee to act in accordance with terms and conditions. Trustee without notice, no liability, §53-12-42. Power of court. Value of trust property insufficient to justify costs of administration, §53-12-65. Power of settlor, §53-12-40. Power of trustee or other persons. Trust instrument may confer power upon, §53-12-61. Reformation by court, §53-12-60. Trust directors. Restrictions on enlarging scope of trustee’s duties or liabilities, §53-12-502. Trustee’s compensation, §53-12-210. Unrestricted power to modify. Deemed to include power to revoke, §53-12-40.

TRUSTS AND TRUSTEES - Cont’d Modification of trusts - Cont’d Value of trust property insufficient to justify costs of administration. Power of court, §53-12-65. Nonresidents, §§53-12-320 to Eligibility to serve as trustees, §53-12-320. Trust directors. Statutory provisions applicable to trust directors, §53-12-506. Foreign entities acting in fiduciary capacity, §§53-12-321 to Foreign entities serving as trustees. Service of process on, §53-12-323. Service of process on, §53-12-320. Agent for service. Designation, §53-12-320. Foreign entities serving as trustees, §53-12-323. Foreign entities serving as trustees, §53-12-323. Secretary of state. Service on, failure to designate agent for service, §53-12-320. Foreign entities serving as trustees, §53-12-323. Trust directors. Statutory provisions applicable to trust directors, §53-12-506. Parol evidence. Express trust. Construction of trust at issue, §53-12-27. Implied trusts. Nature of transaction, circumstances, conduct of parties, §53-12-133. Personal property. Lease, trustee’s powers, §53-12-261. Petitions. Appointment of trustees, §53-12-201. Compensation of trustee. Greater than amount allowed, §53-12-212. Final accounting. Death, resignation, removal of trustee, termination of trust, §53-12-231. Interim accounting by trustee, §53-12-230. Reform trust, §53-12-60. Removal of trustee, §53-12-221.

INDEX TRUSTS AND TRUSTEES - Cont’d Petitions - Cont’d Resignation of trustee, §53-12-220. Unitrusts. Proceedings after conversion to, §53-12-362. Power of withdrawal. Holder treated same as settlor of revocable trust, §53-12-83. Principal and income, §§53-12-380 to Accounting separately for business or activity, §53-12-412. Adjustment between principal and income. Power of trustee, §53-12-361. Abuse of discretion, court determination, §53-12-363. Considerations in deciding whether to exercise power, §53-12-361. Conversion of trust to unitrust, §53-12-362. Prohibited exercise of power, §53-12-361. Release of power, §53-12-361. Allocation to income. After decedent dies or income interest begins, §53-12-401. Distribution of income from trust or estate, §53-12-411. Interest received on obligation to pay money, §53-12-422. Liquidating assets, percentage, §53-12-426. Money received from entity, §53-12-410. Payments characterized as interest, dividend, payment made in lieu, §53-12-425. Payments received from proceeds of asset-backed securities, §53-12-431. Proceeds from insurance policy insuring trustee against loss of occupancy or other use by beneficiary, loss of income, loss of profits, §53-12-423. Receipts from interest in mineral, other natural resources, §53-12-427. Receipts from sale of timber and related products, §53-12-428. Rent from rental property, §53-12-421.

TRUSTS AND TRUSTEES - Cont’d Principal and income - Cont’d Allocation to principal. Amount received from granting or acquiring options, §53-12-430. Before decedent dies or income interest begins, §53-12-401. Certain payments, §53-12-425. Distribution of principal from trust or estate, §53-12-411. Entire amount allocated to principal. Allocation to income or principal insubstantial, §53-12-424. Liquidating assets, percentage, §53-12-426. Payments in exchange for asset-backed securities, §53-12-431. Principal receipts, §53-12-420. Proceeds from life insurance policy naming trust or trustee as beneficiary, §53-12-423. Receipts and disbursements from derivative transactions, §53-12-430. Receipts from interest in mineral, other natural resources, §53-12-427. Receipts from sale of timber and related products, §53-12-428. Receipts received from entity, §53-12-410. Sale, redemption, other disposition of obligation to pay money. Amount received from, §53-12-422. Apportionment when income interest ends, §53-12-402. Asset-backed securities. Allocation of payments from, §53-12-431. Defined, §53-12-431. Asset becomes subject to trust, §53-12-400. Assets received from transferor. Allocation to principal, §53-12-420. Beginning and ending of income interest, §53-12-400. Beneficiary defined, §53-12-381. Business or other activity conducted by trustee. Separate accounting records, §53-12-412. Deferred compensation, annuities, similar payments. Allocation, §53-12-425.

INDEX TRUSTS AND TRUSTEES - Cont’d Principal and income - Cont’d Definitions, §53-12-381. Asset-backed security, §53-12-431. Derivative, §53-12-430. Entity, §53-12-410. Liquidating asset, §53-12-426. Payment, §53-12-425. Separate fund, §53-12-425. Undistributed income, §53-12-402. Depreciation. Transfers from income to principal, §53-12-452. Derivatives. Allocation of receipts and disbursements from transactions, §53-12-430. Defined, §53-12-430. Disbursement from principal, §53-12-451. Disbursements from income, §53-12-450. Distribution from trust or estate. Allocation, §53-12-411. Due date for item of income or obligation, §53-12-401. Duty of trustee in allocating receipts and disbursements, §53-12-360. Eminent domain. Proceeds of property taken by. Allocation to principal, §53-12-420. Entitlement to net income from date on which income interest begins, §53-12-400. Expenses of settlement of decedent’s estate or terminating income interest. Charged against principal or income, §53-12-391. Express trusts. Trustee’s power as to principal and income, §53-12-261. Georgia principal and income act. Short title, §53-12-380. Income beneficiary defined, §53-12-381. Income defined, §53-12-381. Income taxes. Adjustments between principal and income, §53-12-455. Payment from principal or income, §53-12-454. Individual retirement account, pension, profit-sharing, stock-bonus, stock-ownership plan. Allocation of payments from, §53-12-425.

TRUSTS AND TRUSTEES - Cont’d Principal and income - Cont’d Insubstantial allocations. Entire amount allocated to principal, §53-12-424. Presumption, §53-12-424. Insurance policies and other contracts. Allocation of proceeds, §53-12-423. Interest, dividend, payment made in lieu. Allocation to income, §53-12-425. Interest received on obligation to pay money. Allocation to income, §53-12-422. Invasion of principal of original trust. Trustees’ powers, §53-12-62. Leasehold, patent, copyright, royalty right. Liquidating assets, allocation, §53-12-426. Liquidating assets. Allocation, §53-12-426. Defined, §53-12-426. Mandatory income interest defined, §53-12-381. Marital deduction in property not productive of income, §53-12-429. Minerals, other natural resources. Allocation of receipts from interest in, §53-12-427. Royalty, shut-in payment, take-or-pay payment. Allocation, §53-12-427. Water. Allocation of amount received from interest in, §53-12-427. Working interest. Allocation, §53-12-427. Money received from entity. Allocation to income, §53-12-410. Net income defined, §53-12-381. Obligation to pay money. Allocation of amount received from, §53-12-422. Options granted or acquired by trustee. Allocation of amount received or paid, §53-12-430. Partial liquidation. Money received from entity, §53-12-410. Payments. Allocation, §53-12-425. Defined, §53-12-425.

INDEX TRUSTS AND TRUSTEES - Cont’d Principal and income - Cont’d Pecuniary amount to be received after income interest terminates. Interest after expiration of 12 months from date of termination, §53-12-390. Periodic due date, §53-12-401. Principal receipts. Allocation to principal, §53-12-420. Property not productive of income, §53-12-429. Proration of final payment. Obligation to pay fixed annuity or fixed fraction of value of trust’s assets ends, §53-12-402. Receipts received from entity. Allocation to principal, §53-12-410. Rent from rental property. Allocation to income, §53-12-421. Right to receive payments under arrangement providing for no interest payment on unpaid balance. Liquidating assets, allocation, §53-12-426. Sale, exchange, liquidation, change in form of principal assets. Allocation to principal, §53-12-420. Sale, redemption, other disposition of obligation to pay money. Amount received from. Allocation to principal, §53-12-422. Separate fund. Allocation of payments from, §53-12-425. Defined, §53-12-425. Settlement of decedent’s estate. Expenses. Charged against principal or income, §53-12-391. Successive income interest. When asset becomes subject to, §53-12-400. Termination of income interest. Expenses. Charged against principal or income, §53-12-391. Pecuniary amount received on. Interest, §53-12-390. Timber and related products. Allocation of receipts from sale, §53-12-428. Transfers from income to principal. Depreciation, §53-12-452.

TRUSTS AND TRUSTEES - Cont’d Principal and income - Cont’d Transfers from income to principal - Cont’d Reimbursement of principal, §53-12-453. Undistributed income. Defined, payment, §53-12-402. Water. Allocation of amount received from interest in, §53-12-427. When income interest begins, §53-12-400. When income interest ends, §53-12-400. Principles of common law and equity. Law of state except to extent modified by chapter, §53-12-3. Private foundations, §§53-12-180 to Corporate foundations. Automatic amendment of articles of incorporation, §53-12-180. Amendment to exclude application of provisions, §53-12-181. No forfeiture or reversion of property of corporation, §53-12-182. Defined, §53-12-2. Distributions in amounts to avoid tax liability. Requirement. Automatic amendment of articles of incorporation, §53-12-180. Automatic amendment of governing trust instrument, §53-12-191. Distributions of foundation property to avoid tax liability. Corporate foundations, §53-12-183. Trust foundation, §53-12-193. Making investments jeopardizing exempt purposes of trust. Prohibition. Automatic amendment of governing trust instrument, §53-12-190. Making tax expenditures giving rise to tax liability. Prohibited. Automatic amendment of articles of incorporation, §53-12-180. Automatic amendment of governing trust instrument, §53-12-190.

INDEX TRUSTS AND TRUSTEES - Cont’d Private foundations - Cont’d Retention of business holdings giving rise to tax liability. Prohibition. Automatic amendment of articles of incorporation, §53-12-180. Automatic amendment of governing trust instrument, §53-12-190. Rights and powers of courts and attorney general not impaired, §§53-12-184, 53-12-195. Self-dealing. Prohibition. Automatic amendment of articles of incorporation, §53-12-180. Automatic amendment of governing trust instrument, §53-12-190. Trust foundations. Automatic amendment of trust instrument, §§53-12-190, Amendment to expressly exclude application of provisions, §53-12-192. No forfeiture or reversion of property, §53-12-194. Property added to existing trust, §53-12-26. Purchase money resulting trusts, §53-12-131. Real property. Management. Trustee’s powers, §53-12-261. Transfer of property in trust. Recordation of instrument of conveyance required. Trustee also transferor, §53-12-25. Validity of trust. Law determining, §53-12-4. Reformation of trust by court. Mistake of fact or law, §53-12-60. Petition. Who may file, notice, §53-12-60. Remainder interest in life beneficiary’s heirs of estate. Trust not revocable because of, §53-12-44. Renouncing succession. Trustees may renounce, §53-1-20. Representation and binding of other persons. Agents, principal, §53-12-8.

TRUSTS AND TRUSTEES - Cont’d Representation and binding of other persons - Cont’d Ancestors, minor of ancestor or unborn descendants, §53-12-8. Appointment by court of representative, §53-12-8. Charitable beneficiaries of trust that is not a charitable trust, §53-12-8. Charitable entities, §53-12-8. Consent of representative. Effect, §53-12-8. Conservators, estate controlled, §53-12-8. Distributees upon termination of interests of currently eligible distributees, §53-12-8. Guardians, ward, §53-12-8. Minors, representing and binding, §53-12-8. Notice to representatives. Effect, §53-12-8. Personal representatives of estate, interested persons, §53-12-8. Powers of appointment, holders. Authority of holders, §53-12-8. Settlements. Nonjudicial settlement agreements, §§53-12-8, 53-12-9. Settlors. Beneficiaries not bound by settlor, §53-12-8. Lacking capacity, §53-12-8. Trust directors, §53-12-8. Trustees, beneficiaries, §53-12-8. Reserves. Powers of trustees to set up, §53-12-261. Resulting trusts. Defined, §53-12-130. Parol evidence. Cases where trust sought to be implied, §53-12-133. Purchase money resulting trust. Defined, §53-12-131. Gift presumed. Payors of consideration husband and wife, parent and child, siblings, §53-12-131. Presumption in favor of trust. Payment of consideration, §53-12-131. Retirement plan. Designation of trust as beneficiary, §53-12-120.

INDEX TRUSTS AND TRUSTEES - Cont’d Retirement plan - Cont’d Spendthrift provisions in pension or retirement arrangement. Validity, §53-12-80. Reversion in or power of appointment over trust assets. Life beneficiary. Trust not revocable because of, §53-12-44. Revised Georgia trust code of 2010. Short title, §53-12-1. Revocable trusts. Contest of validity of trust. Trust revocable by settlor before settlor’s death. Statute of limitations, §53-12-45. Creditors of settlor. Property subject to claims, §53-12-82. Death of settlor of trust revocable immediately before settlor’s death, §53-12-45. Liability of trustee. Act performed or omission at direction of person holding power to revoke, §53-12-303. Life beneficiary. Heirs of estate with remainder interest. Trust not revocable because of, §53-12-44. Reversion in or power of appointment over trust assets. Trust not revocable because of, §53-12-44. Power of withdrawal. Holder treated same as settlor of revocable trust, §53-12-83. Revocation of trusts, §§53-12-40 to Agent under power of attorney or conservator. Exercise of settlor’s power, §53-12-43. Failure of trustee to act in accordance with terms and conditions. Trustee without notice, no liability, §53-12-42. Lapse of devise or bequest to trust. Revocation of trust before testator’s death, §53-12-101. Power of settlor, §53-12-40. Power to modify. Power to revoke deemed to include, §53-12-40.

TRUSTS AND TRUSTEES - Cont’d Sales. Power of trustee, §53-12-261. Second trusts. Invasion of principal of original trust. Trustees’ powers, §53-12-62. Securities. Deposit in clearing corporation, §53-12-292. Powers of trustees, §53-12-261. Registration in name of nominee, §§53-12-290, 53-12-291. Service of process. Nonresidents, §53-12-320. Agent for service. Designation, §53-12-320. Foreign entities serving as trustees, §53-12-323. Foreign entities serving as trustees, §53-12-323. Secretary of state. Service on, failure to designate agent for service, §53-12-320. Foreign entities serving as trustees, §53-12-323. Trust directors. Statutory provisions applicable to trust directors, §53-12-506. Trustees. Foreign entities serving as trustees, §53-12-323. Nonresident trustees, §53-12-320. Settlor defined, §53-12-2. Settlors. Representation and binding other persons. Settlor lacking capacity, §53-12-8. Short title, §53-12-1. Spendthrift provisions, §§53-12-80 to Alimony, child support, taxes, torts, restitution, necessaries. Provisions not valid as to claims against beneficiary’s right to distribution to extent distribution subject to garnishment, §53-12-80. Beneficiary also contributor to trust. Validity of provisions, §53-12-80. Beneficiary’s interest shall terminate or become discretionary. Validity of provision, §53-12-80. Compelling trustee or trust director to pay amount payable in trustee’s or trust director’s discretion, §53-12-81.

INDEX TRUSTS AND TRUSTEES - Cont’d Spendthrift provisions - Cont’d Creditors or assignees. Ability to reach beneficiary’s interest, §53-12-80. Rules applicable to creditors of settlor, §53-12-82. Defined, §53-12-2. Garnishment. Provisions not valid as to certain claims against beneficiary’s right to distribution to extent distribution subject to, §53-12-80. Pension or retirement arrangement. Validity of provisions, §53-12-80. Transfers by beneficiary in violation of provisions. Prohibited, exception, §53-12-80. Validity, §53-12-80. Variation of provisions of chapter by trust instrument. Exception, §53-12-7. Words sufficient to restrain voluntary or involuntary transfers, §53-12-80. Statute of limitation. Breach of trust. Beneficiary’s claim, §53-12-307. Cotrustee’s claim against cotrustee, §53-12-307. Successor trustee’s claim against predecessor, §53-12-307. Contest of validity of trust. Trust revocable by settlor before settlor’s death, §53-12-45. Superior courts. Actions maintained in, §53-12-6. Taxation. Income taxes. Adjustments between principal and income, §53-12-455. Payment from principal or income, §53-12-454. Termination of trusts. Accounting required by trustee, §53-12-243. Deed to acquire beneficial interest in property. Estate terminated, §53-12-158. Lapse of devise or bequest to trust. Revocation of trust before testator’s death, §53-12-101. Power conferred on trustee or other person. Trust instrument may confer, §53-12-61.

TRUSTS AND TRUSTEES - Cont’d Termination of trusts - Cont’d Value of trust property insufficient to justify costs of administration. Power of trustee and court, §53-12-65. Testamentary additions to trusts, §§53-12-100 to 53-12-120. Applicability of part, §53-12-103. Audit of executor’s actions, claims against executor. Trustee not required to make unless specifically directed, §53-12-102. Effective date of part, §53-12-103. Georgia testamentary additions to trusts act. Short title, §53-12-100. Lapse of devise or bequest. Revocation or termination of trust before testator’s death, §53-12-101. Payment or advance of trust property to executor. Trustee not liable, §53-12-102. Property part of trust to which devised or bequeathed, §53-12-101. Requirements of devise or bequest to trust, §53-12-101. Retirement plan or life insurance policies. Designation of trust as beneficiary, §53-12-120. Revocation or termination of trust before testator’s death. Lapse of devise or bequest, §53-12-101. Short title. Georgia testamentary additions to trusts act, §53-12-100. Testamentary trusts. Capacity to create, §53-12-23. Express trusts. Creation and validity generally, §§53-12-20 to 53-12-28. The revised Georgia trust code of 2010. Short title, §53-12-1. Transfer of property in trust, §53-12-25. Transfer of property to trust. Property added to existing trust, §53-12-26. Transfers from income to principal. Depreciation, §53-12-452.

INDEX TRUSTS AND TRUSTEES - Cont’d Trust directors. Applicability of provisions. Trust instrument evidencing intent for trust director, §53-12-501. Beneficiary’s powers over trust. Applicability of provisions, §53-12-501. Defense available to trust directors, §53-12-506. Definitions, §53-12-500. Directed trustees. Accounting to director, §53-12-504. Breach of trust, liability, §53-12-504. Compliance with director’s exercise or nonexercise of power of direction, §53-12-504. Defined, §53-12-500. Restriction on duties, §53-12-504. Eligibility to serve as trust director, §53-12-506. Jurisdiction. Acceptance of appointment as submission to personal jurisdiction, §53-12-506. Modification of trust. Restrictions on enlarging scope of trustee’s duties or liabilities, §53-12-502. Powers of appointment. Applicability of provisions, §53-12-501. Defined, §53-12-500. Powers of direction. Cotrustee liability, §53-12-503. Defined, §53-12-500. Fiduciary duty and liability, §53-12-503. Granting to director, §53-12-502. Trust instrument, effect on power, §53-12-503. Relief of cotrustee from duty and liability for another cotrustee, §53-12-505. Representation and binding of other persons. Trust directors, §53-12-8. Restriction on duties of trust director, §53-12-503. Revocation or amendment of trust by settlor. Applicability of provisions, §53-12-501. Standards of performance, §53-12-503. Statutory provisions applicable to trust directors, §53-12-506.

TRUSTS AND TRUSTEES - Cont’d Trust directors - Cont’d Trust instruments. Evidencing intent for trust director in instrument, §53-12-501. Powers of direction. Effect of instrument on power, §53-12-503. Granting to director, §53-12-502. Relief of cotrustee from duty and liability for another cotrustee, §53-12-505. Variation of provisions of chapter by trust instrument. Exception, §53-12-7. Trustees. Abuse of discretion. Exercising discretionary powers, court determination, §53-12-363. Acceptance of trusteeship, §53-12-202. Decisions concerning retention or disposition of assets. Duty to review and make decisions, §53-12-342. Trust directors. Statutory provisions applicable to trust directors, §53-12-506. Accounting. Beneficiaries of irrevocable trust, §53-12-243. Breach of trust. Remedy, §53-12-301. Business or other activities. Separate accounting, §53-12-412. Equitable accounting, §53-12-232. Final accounting. Petition, §53-12-231. Interim accounting relieving trustee from liability. Petition, §53-12-230. Acting as trustee. Power to act as trustee in state required, §53-12-200. Action by or against. Bond to secure performance, §53-12-203. Breach of trust, §§53-12-301 to Deed to acquire beneficial interest in property. Enforcement of claims against estate, venue, §53-12-154. Sounding at law filed in court of law, §53-12-6. Venue, §53-12-6.

INDEX TRUSTS AND TRUSTEES - Cont’d Trustees - Cont’d Additional property. Power to receive and administer, §53-12-261. Adjustment between principal and income. Power, §53-12-361. Abuse of discretion, court determination, §53-12-363. Considerations in deciding whether to exercise power, §53-12-361. Conversion of trust to unitrust, §53-12-362. Prohibited exercise of power, §53-12-361. Release of power, §53-12-361. Administration of trusts. Disbursements from principal and income, §§53-12-450 to Discretionary power, §53-12-360. Fair and reasonable to all beneficiaries, §53-12-247. Good faith required, §53-12-240. Impartially, §53-12-247. In interests of beneficiaries, §53-12-246. Judgment and care required, §53-12-241. Powers generally, §53-12-261. Transactions not precluded if fair to beneficiaries, §53-12-246. Agent to perform investment and management functions. Selection by trustee. Duty to use reasonable care, skill, caution, §53-12-345. Appointment. Agreement between trustee and beneficiary. Transaction not precluded, §53-12-246. As provided in trust instrument, §53-12-201. Court’s power to appoint, §53-12-201. Power in settlor, §53-12-201. Qualified beneficiaries appointing, §53-12-201. Trust directors. Statutory provisions applicable to trust directors, §53-12-506. Authority as to express trusts, §53-12-261.

TRUSTS AND TRUSTEES - Cont’d Trustees - Cont’d Beneficiaries granting powers omitted from trust, §53-12-264. Benefit of trustee. Discretionary distributions for, §53-12-270. Bond to secure performance, §53-12-203. Action against sureties. Joint and several liability, §53-12-203. Costs charged against trust, §53-12-203. Excusal of requirement by court, §53-12-203. Judgment and execution against principal and surety. Court’s authority to enter, §53-12-203. Trust directors. Statutory provisions applicable to trust directors, §53-12-506. Value of bond, §53-12-203. Borrowing money, loans or advances. Powers, §53-12-261. Breach of trust, §§53-12-301 to Contracts properly entered into. No personal liability in trustee unless failure to reveal representative capacity, §53-12-308. Cotrustees. Action against other trustee to compel performance, redress or enjoin breach, §53-12-306. Liability for breach committed by other trustee, §53-12-305. Statute of limitation. Cotrustee’s claim against other cotrustee, §53-12-307. Damages resulting, §53-12-301. Personal liability of trustee, §53-12-302. Judgment rendered against trust. No personal liability in trustee or beneficiary, §53-12-308. Remedies, §53-12-301. Personal liability of trustee, §53-12-302. Revocable trusts. Liability of trustee, §53-12-303. Statute of limitation. Beneficiary’s claim, §53-12-307.

INDEX TRUSTS AND TRUSTEES - Cont’d Trustees - Cont’d Breach of trust - Cont’d Statute of limitation - Cont’d Cotrustee’s claim against other cotrustee, §53-12-307. Successor trustee’s claim against predecessor, §53-12-307. Successor trustees. Liability for acts or omissions of prior trustee, §53-12-304. Statute of limitation. Successor trustee’s claim against predecessor, §53-12-307. Succeeding trustee also settlor, §53-12-304. Trust provision relieving trustee from liability, §53-12-303. Violation of duty owed beneficiary, §53-12-300. Warranty made in conveyance. No personal liability in trustee unless distinctly expressed, §53-12-308. What constitutes, §53-12-300. Business or other enterprise. Compensation to trustee for services, §53-12-214. Continuance or participation in operation. Power of trustee, §53-12-261. Farming operations. Continuance by trustee, powers, §53-12-261. Formation, exchange of trust property for stock, securities, other obligations. Power of trustee, §53-12-261. Separate accounting, §53-12-412. Capacity to acquire, hold and transfer title to property. Required, §53-12-200. Certification of trust. Presented in lieu of copy to establish trust’s existence, §53-12-280. Citizenship or residency. Eligibility to serve regardless of, §53-12-200. Common law duties, §53-12-240. Compensation, §53-12-210. Agreement between trustee and beneficiaries. No compensation provision in trust instrument or separate agreement, §53-12-210.

TRUSTS AND TRUSTEES - Cont’d Trustees - Cont’d Compensation - Cont’d Agreement between trustee and beneficiaries - Cont’d Transactions not precluded, §53-12-246. Corporation or other business, trust estate owning interest. Receipt of compensation for services, §53-12-214. Cotrustees, §53-12-211. Disbursements from income, §53-12-450. Disbursements from principal, §53-12-451. Greater compensation than allowed. Petition, notice, service, §53-12-212. Modification of trust instrument or agreement, §53-12-210. Reasonable expenses, reimbursement, §53-12-213. Reduction. Breach of trust, §53-12-301. Schedule. No agreement or trust instrument provision, §53-12-210. Transactions relating to not precluded, §53-12-246. Trust directors. Statutory provisions applicable to trust directors, §53-12-506. Trust instrument or separate agreement providing, §53-12-210. Compromise, adjust, mediate, arbitrate. settle claims and actions. Powers, §53-12-261. Consolidation of trusts. Trust instrument may confer power upon, §53-12-61. Contracts. Contracts properly entered into by trustees. No personal liability in trustee unless failure to reveal representative capacity, §53-12-308. Powers of trustees, §53-12-261. Conversion of trust to unitrust, §53-12-362. Express total return unitrusts, §53-12-364.

INDEX TRUSTS AND TRUSTEES - Cont’d Trustees - Cont’d Corporate fiduciaries. Powers, §53-12-262. Cotrustees. Authority act on behave of trust, §53-12-204. Trust directors. Statutory provisions applicable to trust directors, §53-12-506. Breach of trust. Action against other trustee to compel performance, redress or enjoin breach, §53-12-306. Liability for breach committed by other trustee, §53-12-305. Statute of limitation. Cotrustee’s claim against other cotrustee, §53-12-307. Compensation, §53-12-211. Deed to acquire beneficial interest in property. Business or trade name. Conducting affairs of estate under, §53-12-153. Certificates of beneficial interest. Issuance by trustee, §53-12-154. Repurchase or redemption, §53-12-156. Claims against estate. Enforce by action against trustee, venue, §53-12-154. Investments, §53-12-156. Management and control, powers, removal, resignation, §53-12-155. Title vested in during continuance of estate, §53-12-151. Defined, §53-12-2. Delegation of investment and management functions, §53-12-345. Depreciation. Transfers from income to principal, §53-12-452. Disbursement from principal and income, §§53-12-450 to 53-12-455. Depreciation. Transfers from income to principal, §53-12-452. From income, §53-12-450. From principal, §53-12-451. Income taxes. Adjustments between principal and income, §53-12-455.

TRUSTS AND TRUSTEES - Cont’d Trustees - Cont’d Disbursement from principal and income - Cont’d Income taxes - Cont’d Payment from principal or income, §53-12-454. Principal and income act generally, §§53-12-380 to 53-12-431. Transfers from income to principal. Depreciation, §53-12-452. Reimbursement of principal, §53-12-453. Discretionary power, §53-12-360. Abuse of discretion, court determination, §53-12-363. Adjustment between principal and income, §53-12-361. Conversion of trust to unitrust, §53-12-362. Good faith exercise, §53-12-260. Distribution of trust property. Death of settlor of trust revocable before settlor’s death. No liability, exceptions, §53-12-45. For trustee’s personal benefit, §53-12-270. Investigation of beneficiary’s resources. No duty in trustee, §53-12-245. Net income, §53-12-244. Power of trustee, §53-12-261. Principal and income act generally, §§53-12-380 to 53-12-431. Unitrust, conversion of trust to, §53-12-362. Division of trusts. Trust instrument may confer power upon, §53-12-61. Expenses. Reasonable expenses, reimbursement, §53-12-213. Express total return unitrusts, §53-12-364. Express trust. Powers, §53-12-261. Requirement, §53-12-20. Factors considered. Investing and managing trust property, §53-12-340. Farming operations. Continuance by trustee, powers, §53-12-261. Fiduciary access to digital assets. Applicability of provisions to trustees, §53-13-3.

INDEX TRUSTS AND TRUSTEES - Cont’d Trustees - Cont’d Fiduciary access to digital assets - Cont’d Generally, §§53-13-1 to 53-13-40. Fiduciary of estate. Dealings with, powers, §53-12-261. Fiduciary responsibility of trustees in exercise of powers, §53-12-261. Foreclosure. Powers, §53-12-261. Foreign entities acting in fiduciary capacity, §§53-12-321 to Good faith. Administration of trust, §53-12-240. Exercise of discretionary power, §53-12-260. Inaccessibility, illness, temporary incapacity. Cotrustee unable to act because of. Power in remaining cotrustee, §53-12-204. Income taxes. Adjustments between principal and income, §53-12-455. Payment from principal or income, §53-12-454. Incorporation by reference of trustee’s powers. Wills or trust instrument, §53-12-263. Invasion of principal of original trust. Trustees’ powers, §53-12-62. Investments. Agent to perform investment and management functions. Delegation of functions by trustee, §53-12-345. Compliance with rules, determination, §53-12-343. Decisions concerning retention or disposition of assets. Duty to review and make decisions after accepting trusteeship or receiving assets, §53-12-342. Delegation by trustee of investment and management functions, §53-12-345. Determination of liability, consideration, §53-12-340. Diversification, other appropriate mechanisms. Management of risk of concentrated holdings, §53-12-341.

TRUSTS AND TRUSTEES - Cont’d Trustees - Cont’d Investments - Cont’d Factors considered, §53-12-340. Judgment and care required, §53-12-340. Power, §53-12-261. Prudent investor rule, applicability, §53-12-241. Risk of concentrated holdings. Reasonable management of risk by trustee, §53-12-341. Special investment skills or expertise possessed, §53-12-340. Terminology authorizing permitted investment strategies, §53-12-344. Unitrust, conversion of trust to, §53-12-362. What trustee may invest in, §53-12-340. Irrevocable trust’s existence. Notification to beneficiaries, time, §53-12-242. Judgment and care required. Administration of trusts, §53-12-241. Investing and managing trust property, §53-12-340. Judgment rendered against trust. No personal liability in trustee or beneficiary, §53-12-308. Leases. Powers, §53-12-261. Modification of trust. Enlargement of trustee’s duties and liabilities. Consent of trustee required, §53-12-41. Failure to act in accordance with terms and conditions. Trustee without notice, no liability, §53-12-42. Trust instrument may confer power upon, §53-12-61. Net income. Distribution, §53-12-244. Nonresidents, §§53-12-320 to Eligibility to serve as, §53-12-320. Trust directors. Statutory provisions applicable to trust directors, §53-12-506. Foreign entities acting in fiduciary capacity, §§53-12-321 to

INDEX TRUSTS AND TRUSTEES - Cont’d Trustees - Cont’d Nonresidents - Cont’d Service of process on, §53-12-320. Agent for service. Designation, failure, service on secretary of state, §53-12-320. Foreign entities serving as trustees, §53-12-323. Trust directors. Statutory provisions applicable to trust directors, §53-12-506. Personal benefit. Discretionary distributions for, §53-12-270. Personal property. Lease, powers, §53-12-261. Powers as to express trusts, §53-12-261. Preservation of trust property. Power in person designated trustee without accepting trusteeship, §53-12-202. Principal and income. Adjustment between principal and income. Power, §53-12-361. Abuse of discretion, court determination, §53-12-363. Considerations in deciding whether to exercise power, §53-12-361. Conversion of trust to unitrust, §53-12-362. Prohibited exercise of power, §53-12-361. Release of power, §53-12-361. Depreciation. Transfers from income to principal, §53-12-452. Disbursement from principal, §53-12-451. Disbursements from income, §53-12-450. Discretionary power, §53-12-360. Duty in allocating receipts and disbursements, §53-12-360. Express trusts. Powers of trustees as to principal and income, §53-12-261. Georgia principal and income act generally, §§53-12-380 to

TRUSTS AND TRUSTEES - Cont’d Trustees - Cont’d Principal and income - Cont’d Income taxes. Adjustments between principal and income, §53-12-455. Payment from principal or income, §53-12-454. Transfers from income to principal. Depreciation, §53-12-452. Reimbursement of principal, §53-12-453. Prudent person acting in like manner. Administering trust. Judgment and care required, §53-12-241. Investing and managing trust property, §53-12-340. Real property. Management powers, §53-12-261. Reasonable expenses, reimbursement, §53-12-213. Receipt of trust assets. Decisions concerning retention or disposition of assets. Duty to review and make decisions, §53-12-342. Removal, §53-12-221. Breach of trust, §53-12-301. Trust directors. Statutory provisions applicable to trust directors, §53-12-506. Value of trust property insufficient to justify costs of administration. Power of court on modifying or terminating trust, §53-12-65. Rents, issues, profits, trust income. Power to collect, receive,, issues receipts, §53-12-261. Report to beneficiary. Assets, liabilities, receipts, disbursement of trust. Request by beneficiary, §53-12-243. Representation and binding of other persons. Beneficiaries, §53-12-8. Reserves. Powers of trustees to set up, §53-12-261. Resignation, §53-12-220. Trust directors. Statutory provisions applicable to trust directors, §53-12-506.

INDEX TRUSTS AND TRUSTEES - Cont’d Trustees - Cont’d Retention or disposition of assets. Duty to review and make decisions, §53-12-342. Revocable trusts. Act performed or omission at direction of person with power to revoke. Liability, §53-12-303. Revocation of trust. Failure to act in accordance with terms and conditions. Trustee without notice, no liability, §53-12-42. Sale or otherwise dispose of property. Power, §53-12-261. Same person as beneficiary. Trust not invalid or terminated, no merger of title, §53-12-24. Securities, powers, §53-12-261. Service of process on. Foreign entities serving as trustees, §53-12-323. Nonresident trustees, §53-12-320. Trust directors. Statutory provisions applicable to trust directors, §53-12-506. Special investment skills or expertise possessed, §53-12-340. Successor trustees. Accounting upon change of trustees, §53-12-243. Authority of original trustee, §53-12-201. Breach of trust. Liability for acts or omissions of prior trustee, §53-12-304. Statute of limitation. Successor trustee’s claim against predecessor, §53-12-307. Succeeding trustee also settlor, §53-12-304. Termination of trust. Accounting required, §53-12-243. Trust instrument may confer power upon, §53-12-61. Transfers from income to principal. Depreciation, §53-12-452. Reimbursement of principal, §53-12-453. Trust directors. Construction of “trustee” to include trust director, §53-12-506.

TRUSTS AND TRUSTEES - Cont’d Trustees - Cont’d Trust directors - Cont’d Generally, §§53-12-500 to 53-12-506. Unanimous action. Power vested in cotrustees, §53-12-204. Unitrusts. Conversion of trust to, §53-12-362. Abuse of discretion, court determination, §53-12-363. Average valuation of trust’s assets, petition, §53-12-362. Considerations in deciding whether to exercise power, §53-12-362. Distributions, §53-12-362. Duties of trustee after conversion, §53-12-362. Express total return unitrusts, §53-12-364. Fair market value. Annual distributions equal to, §53-12-362. Notice, §53-12-362. Payout percentage, petition, §53-12-362. Petition, proceedings by, §53-12-362. Prohibited conversion, §53-12-362. Reconversion, petition, §53-12-362. Release of power to convert, §53-12-362. Vacancy. Cotrustee remaining,. Power to act, §53-12-204. Filled as provided in trust instrument, §53-12-201. Resignation creating not effective until successor accepts trust, §53-12-220. Variation of provisions relating to trustees by trust instrument. Exceptions, §53-12-7. Venue. Action by or against, §53-12-6. Want of trustee. Trust not to fail, §53-12-201. Warranty made in conveyance. No personal liability in trustee unless distinctly expressed, §53-12-308. Wills. Incorporation by reference of trustee’s powers, §53-12-263.

INDEX TRUSTS AND TRUSTEES - Cont’d Trust instrument. Defined, §53-12-2. Incorporation by reference of trustee’s powers, §53-12-263. Modification of trust. Power may be conferred on trust or other person by, §53-12-61. Trust directors. Evidencing intent for trust director in instrument, §53-12-501. Powers of direction. Effect of instrument on power, §53-12-503. Granting to director, §53-12-502. Relief of cotrustee from duty and liability for another cotrustee, §53-12-505. Trustee’s compensation, §53-12-210. Variation of provisions of chapter by, §53-12-7. Trust property. Additional property. Power of trustee to receive and administer, §53-12-261. Defined, §53-12-2. Distribution. Agent under power of attorney or conservator. Exercise of settlor’s power, §53-12-43. Death of settlor of trust revocable immediately before settlor’s death, §53-12-45. Express trust. Powers of trustee, §53-12-261. Requirement, §53-12-20. Investing and managing trust property, §§53-12-340 to Powers of trustee. Express trust property, §53-12-261. Value insufficient to justify costs of administration. Termination of trust, §53-12-65. Uneconomic trusts. Value of trust property insufficient to justify costs of administration. Termination of trust, §53-12-65. Unitrusts. Conversion of trust to, §53-12-362. Abuse of discretion, court determination, §53-12-363. Average valuation of trust’s assets, petition, §53-12-362.

TRUSTS AND TRUSTEES - Cont’d Unitrusts - Cont’d Conversion of trust to - Cont’d Considerations in deciding whether to exercise power, §53-12-362. Distributions, §53-12-362. Duties of trustee after conversion, §53-12-362. Express total return unitrusts, §53-12-364. Fair market value. Annual distributions equal to, §53-12-362. Notice, §53-12-362. Payout percentage, petition, §53-12-362. Petition, proceedings by, §53-12-362. Prohibited conversion, §53-12-362. Reconversion, petition, §53-12-362. Release of power to convert, §53-12-362. Validity of trust. Charitable trusts. Continuation for indefinite or unlimited period, §53-12-173. Contest of validity of trust revocable before settlor’s death. Commencement of judicial proceeding. Statute of limitation, §53-12-45. Law determining, §53-12-4. Trustee same person as beneficiary, §53-12-24. Value of trust property insufficient to justify costs of administration. Termination of trust, §53-12-65. Variation of provisions of chapter by trust instrument, §53-12-7. Venue. Action by or against trustee, §53-12-6. Deed to acquire beneficial interest in property. Enforcement of claims against estate by action against trustee, §53-12-154. Warranty made in conveyance. No personal liability in trustee unless distinctly expressed, §53-12-308. Wills. Incorporation by reference of trustee’s powers, §53-12-263. Testamentary additions to trusts, §§53-12-100 to 53-12-120. Withdrawal. Holder of treated same as settlor of revocable trust, §53-12-83.

INDEX UNITED STATES - Cont’d Bond issues. Executors and administrators. Investments by personal representatives in bonds, §§53-8-3, 53-8-4. Intracoastal waterway. Department of transportation. Cooperation with federal government, §52-3-4.

TUGALO LAKE. Boats and other watercraft. Operation of certain vessels prohibited, §52-7-13. TUGBOATS. Georgia ports authority. Powers as to tugboats, §52-2-9. U

UNITRUSTS. Conversion of trusts to. Express total return unitrusts, §53-12-364. Trustee’s power and duties on conversion, §53-12-362. Abuse of discretion, court determination, §53-12-363.

UNAVAILABILITY OF WITNESS. Probate of wills. Subscribing witness unavailable, §53-5-24. UNCLAIMED PROPERTY. Boats and other watercraft. Abandoned vessels, §§52-7-70 to

UNIVERSITY SYSTEM OF GEORGIA. Bond issues. Executors and administrators. Investments by personal representatives in bonds, §53-8-3.

UNCLES. Descent and distribution. Rules of inheritance, §53-2-1. UNCONSCIOUS PERSONS. Vessel operations. DUI. Blood alcohol testing, §52-7-12.

V

UNDUE INFLUENCE. Wills. Testamentary capacity, §53-4-12. UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT. Generally, §§53-13-1 to 53-13-40. UNIFORM SIMULTANEOUS DEATH ACT IN GEORGIA. General provisions, §§53-10-1 to UNIFORM TRANSFER ON DEATH SECURITY REGISTRATION ACT, §§53-5-60 to 53-5-71. UNITED STATES. Boats and other watercraft. Accident reports. Federal officials and agencies. Furnishing information to, §52-7-15. Numbering of vessels. Conformity with federal numbering system, §52-7-5. Exemptions from requirement, §52-7-6.

VENUE. Charitable trusts. Actions relating to rights of beneficiaries, §53-12-174. Georgia ports authority. Criminal actions, §52-2-10. Revenue bonds. Actions in connection with, §52-2-30. Pilots and pilotage. Bonds of pilots. Actions on bonds, §52-6-35. Trusts. Action by or against trustee, §53-12-6. Deed to acquire beneficial interest in property. Enforcement of claims against estate by action against trustee, §53-12-154. Charitable trusts. Actions relating to rights of beneficiaries, §53-12-174. VERIFICATION. Petitions. Probate court proceedings, §53-11-8.

INDEX WATERCRAFT - Cont’d Navigation companies, §§52-5-1 to Pilots and pilotage. Board of pilotage commissioners, §§52-6-1 to 52-6-11. General provisions, §§52-6-1 to Pilots generally, §§52-6-1 to 52-6-54. Registration, operation and sale of watercraft. Abandoned vessels, §§52-7-70 to Discharge of substances dangerous to navigation or property, §§52-8-1 to Displaying of watercraft information. Capacity plates, §§52-7-40 to General provisions, §§52-7-1 to

VERIFICATION - Cont’d Probate court proceedings. Petition verification, §53-11-8. VESSELS. Abandoned vessels, §§52-7-70 to Capacity plates, §§52-7-40 to 52-7-51. General provisions, §§52-7-1 to Georgia ports authority. General provisions, §§52-2-1 to Pilots and pilotage. General provisions, §§52-6-1 to W WAIVER. Trusts. Modification or termination of trust. Notice, waiver, §53-12-61. WALTER F. GEORGE RESERVOIR. Protected fresh waters. Discharge of sewage from vessels. Prohibited, §52-7-8.1. WAR. Missing persons and persons presumed to be dead. Administration of estates, §§53-9-1 to 53-9-8, 53-9-20. Conservators of estates, §§53-9-10 to 53-9-16, 53-9-21. WARRANTIES. Boats and other watercraft. Capacity plates. Information on plate as warranty, §52-7-45. Executors and administrators. Sale or conveyance of property, §53-8-14. WATERCRAFT. Abandoned vessels, §§52-7-70 to Canal companies, §§52-4-1 to 52-4-16. General provisions, §§52-7-1 to Georgia ports authority. General provisions, §§52-2-1 to Intracoastal waterway, §§52-3-1 to

WATER RESOURCES. Canal companies. General provisions, §§52-4-1 to Discharge of substances dangerous to navigation or property, §§52-8-1 to 52-8-5. Attachment and replevy of vessels, §52-8-3. Forfeitures, §52-8-1. Recovery, §52-8-3. Municipal corporations. Powers, §§52-8-4, 52-8-5. Pilots. Duty to report unlawful discharges, §52-8-2. Forfeitures. Discharge of substances dangerous to navigation or property, §§52-8-1, Georgia ports authority. General provisions, §§52-2-1 to Intracoastal waterway, §§52-3-1 to Municipal corporations. Discharge of substances dangerous to navigation or property. Powers of municipalities, §§52-8-4, Navigation companies. General provisions, §§52-5-1 to

INDEX WATER RESOURCES - Cont’d Pilots and pilotage. General provisions, §§52-6-1 to Principal and income act. Receipts from interest in water. Allocation, §53-12-427. River development. Projects for improving river channels, §§52-9-1, 52-9-2. WATER RIGHTS. Tidewaters. Public trust doctrine, §52-1-2. WATERSKIS. Endangering child. Person towing child on waterskis while under influence of alcohol or drugs, §52-7-12. Person under age of 21 in physical control of moving waterskis after drinking alcohol, §52-7-12. Reckless or negligent operation, §52-7-12.1. Restrictions on towing, §52-7-16. Speed restrictions on vessels towing within certain areas, §52-7-18. WATER SUPPLY. Canal companies. Furnishing of canal water by companies, §52-4-11. Principal and income act. Receipts from interest in water. Allocation, §53-12-427. WEIRS. Canal companies, §§52-4-8, 52-4-10. WEST POINT LAKE. Protected fresh waters. Discharge of sewage from vessels. Prohibited, §52-7-8.1. WHARVES. Georgia ports authority. General provisions, §§52-2-1 to Personal watercraft. Speed restrictions when operating close to, §52-7-8.2. WHISTLES. Boats. Required equipment, §52-7-8. WIDOWS. Year’s support, §§53-3-1 to 53-3-21.

WILLS, §§53-4-1 to 53-4-74. Ademption. Specific gift, §53-4-66. Adoption of child by testator. Revocation of will, §53-4-48. Advanced age not inconsistent with testamentary capacity, §53-4-11. Affidavit for self-proved will or codicil, §53-4-24. After-acquired property passing under will, §53-4-72. After-born children, §53-4-48. Age to make will, §53-4-10. Ancillary proceedings. Foreign personal representatives, §§53-5-42 to 53-5-47. Probate of foreign or out-of-state wills, intestate nondomiciliary, §§53-5-30 to 53-5-41. Beneficiaries. Appointment or selection of executor or administrator, §53-6-14. Claim adverse to will, §53-4-69. Compensation to defeated beneficiary electing against will, §53-4-71. Notice of petition to probate in solemn form, §53-5-22. Owning testamentary gift of property, §53-4-70. Compensation to defeated beneficiary electing against will, §53-4-71. Birth of child to testator. Revocation of will, §53-4-48. Capacity of testator, §§53-4-10 to Charitable gifts, §53-4-62. Class gifts to children. Presumption, §53-4-48. Codicils. Execution and attestation, §53-4-20. Proof, §53-5-7. Self-proved codicil, §53-4-24. Common law principles. Applicability to wills, trusts and administration of estates unless otherwise modified, §53-1-9. Conditions in terrorem, impossible, illegal or against public policy, §53-4-68. Construction. Action for interpretation or enforcement of will. In terrorem conditions to prevent, unenforceable, §53-4-68.

INDEX WILLS - Cont’d Construction - Cont’d After-acquired property, passing under will, §53-4-72. Beneficiaries with claim adverse to will, §53-4-69. Compensation to defeated beneficiary electing against will, §53-4-71. Beneficiary owning testamentary gift, §53-4-70. Compensation to defeated beneficiary electing against will, §53-4-71. Clear and convincing proof of intent, §53-4-55. Conditions in terrorem, §53-4-68. Conditions violating public policy, §53-4-68. Creditor beneficiaries, §53-4-69. Compensation to defeated beneficiary electing against will, §53-4-71. Election by beneficiary owning testamentary gift, §53-4-70. Compensation to defeated beneficiary, §53-4-71. Election by beneficiary with claim adverse to will, §53-4-69. Compensation for defeated beneficiaries, §53-4-71. Heart pacemakers, disposition by will, §53-4-73. Illegal conditions, §53-4-68. Illegality in part of will, §53-4-57. Impossible conditions, §53-4-68. Intent of testator, §53-4-55. Omitted children, §53-4-58. Pacemakers, disposition by will, §53-4-73. Parol evidence, §53-4-56. Partial illegalities, §53-4-57. Passing of after-acquired property, §53-4-72. Contracts, incapacity. Coexistence with capacity to make will, §53-4-11. Convict’s power to make will, §53-4-10. Copy of will offered for probate in lieu of original. Original not found to probate, §53-4-46. Creditor beneficiaries, §§53-4-69,

WILLS - Cont’d Debts of testator. Payment of debts and expenses of administration, §53-4-63. Dependent relative revocation, §53-4-45. Destruction of specific gift, §§53-4-66, Divorce or annulment of testator’s marriage, §53-4-49. Eccentricity not inconsistent with testamentary capacity, §53-4-11. Effective date of will, §53-4-2. Election by beneficiary owning testamentary gift, §§53-4-70, Election by beneficiary with claim adverse to will, §§53-4-69, 53-4-71. Equity principles. Applicability to wills, trusts and administration of estates unless otherwise modified, §53-1-9. Execution and attestation, §§53-4-20 to 53-4-24. Affidavit for self-proved or codicil, §53-4-24. Beneficiaries as witnesses, §53-4-23. Codicils, §53-4-20. Knowledge of contents by testator, §53-4-21. Self-proved wills or codicils, §53-4-24. Signatures, §53-4-20. Knowledge of contents by testator, §53-4-21. Witnesses, §53-4-20. Competency, §53-4-22. Self-proved wills or codicils, §53-4-24. Testamentary gift to witness or witness’ spouse, §53-4-23. Writing requirement, §53-4-20. Executors and administrators. Generally, §§53-6-1 to 53-6-64. Express revocation, §53-4-42. Destruction or obliteration of will or material portion, §53-4-44. Revival or republication of previous will, §53-4-45. Subsequent will, §53-4-43. Extrinsic documents. Incorporation by reference of extrinsic documents into will, §53-4-4. Fiduciary access to digital assets. Applicability of provisions to fiduciary acting under will, §53-13-3.

INDEX WILLS - Cont’d Fiduciary access to digital assets - Cont’d Generally, §§53-13-1 to 53-13-40. Filing, duty, §53-5-5. Foreign or out-of-state wills. Probate generally and intestate nondomiciliary, §§53-5-30 to Foreign personal representatives, §§53-5-42 to 53-5-47. Forms. Certificate affixed to affidavit of self-proved will, §53-4-24. General provisions. Determination whether instrument is will, §53-4-3. Effective date of will, §53-4-2. Power of testator, §53-4-1. What constitutes a will, §53-4-3. When will takes effect, §53-4-2. Heart pacemakers, disposition by will, §53-4-73. Implied revocation, §53-4-42. Effect, §53-4-47. Presumption when not found for probate, §53-4-46. Insane person’s power to make will, §53-4-11. Intellectual weakness not inconsistent with testamentary capacity, §53-4-11. Joint wills, §§53-4-30 to 53-4-33. Lapsed devises or legacies. Testamentary additions to trust. Revocation or termination of trust before testator’s death, §53-12-101. Lost wills. Intent to revoke, §53-4-46. Marital deduction testamentary gift or transfer. Distribution of assets, §53-4-74. Marriage of testator. Revocation of will, §53-4-48. Missing persons or persons believed to be dead. Administration of estates, §§53-9-1 to 53-9-8, 53-9-20. Monomaniac’s power to make will, §53-4-11. Mutual wills, §§53-4-30 to 53-4-33. Contracts concerning succession, §53-4-30. Definitions, §53-4-31.

WILLS - Cont’d Mutual wills - Cont’d Execution, effect, §53-4-32. Revocation, §53-4-33. Omitted child. Failure to provide for child believed dead, §53-4-58. Pacemakers, disposition by will, §53-4-73. Partial illegality of will, §53-4-57. Personal property. List or other written statement disposing of tangible personal property, §53-4-5. Power of testator, §53-4-1. Probate, §§53-5-1 to 53-5-51. Common form, §§53-5-15 to 53-5-19. Foreign or out-of-state wills, intestate nondomiciliary generally, §§53-5-30 to 53-5-41. Foreign personal representatives, §§53-5-42 to 53-5-47. General provisions, §§53-5-1 to 53-5-7. Jurisdiction, §§53-5-50, 53-5-51. Solemn form, §§53-5-20 to 53-5-22. Witnesses, expenses, settlement agreements, §§53-5-23 to 53-5-27. Probate court proceedings, §§53-11-1 to 53-11-11. Remarriage of testator to former spouse. Revocation of will, §53-4-49. Renunciation of succession to property, §53-1-20. Republication of previous will, §53-4-45. Revoked will, §53-4-50. Revival of previous will, §53-4-45. Revocation, §§53-4-40 to 53-4-50. Adoption of child by testator, §53-4-48. Birth of child to testator, §53-4-48. Dependent relative revocation. Revival or republication of previously expressly revoked will, §53-4-45. Destruction of will or material portion, §53-4-44. Divorce of testator, §53-4-49. Express revocation, §53-4-42. Destruction or obliteration of will or material portion, §53-4-44. Revival or republication of previous will, §53-4-45. Subsequent will, §53-4-43. Implied revocation, §53-4-42. Effect, §53-4-47.

INDEX WILLS - Cont’d Revocation - Cont’d Implied revocation - Cont’d Presumption when not found for probate, §53-4-46. Intent required, §53-4-41. Presumption of intent, §53-4-46. Joint or mutual wills, §§53-4-32, Lost will, §53-4-46. Marriage of testator, §53-4-48. Not found for probate, §53-4-46. Obliteration of will or material portions, §53-4-44. Power of testator, §53-4-40. Presumption of intent, §53-4-46. Remarriage to former spouse, §53-4-49. Republication. Revival of previous will expressly revoked, §53-4-45. Revoked will, §53-4-50. Revival of previous will expressly revoked, §53-4-45. Subsequent will. Express revocation, §53-4-43. Implied revocation, §53-4-42. Self-proved will or codicil, §53-4-24. Probate of wills. Common form, §53-5-17. Solemn form, §53-5-21. Settlements. In terrorem conditions to prevent entry into settlement agreement, unenforceable, §53-4-68. Signatures. Execution and attestation requirements, §§53-4-20, 53-4-21. Simultaneous death, §§53-10-2 to Testamentary capacity, §§53-4-10 to Age, §53-4-10. Coexistence with incapacity to contract, §53-4-11. Convicted criminals, §53-4-10. Decided and rational desire, §53-4-11. Freedom of volition, §53-4-12. Lucid interval during insanity, §53-4-11. Standard for capacity, §53-4-11. Undue influence, §53-4-12. Voluntary execution required, §53-4-12.

WILLS - Cont’d Testamentary gifts, §§53-4-58 to Beneficiary of gift predeceasing testator, §53-4-64. Charitable gifts, §53-4-62. Construction of will. Omitted child, §53-4-58. Debts of testator, order for payment, §53-4-63. Demonstrative testamentary gift, §53-4-59. Order for payment of debt, §53-4-63. Time for bearing of interest, §53-4-61. Election by beneficiary owning testamentary gift, §§53-4-70, General testamentary gift, §53-4-59. Order for payment of debt, §53-4-63. Time for bearing of interest, §53-4-61. Lapsed gift, §53-4-65. Marital deduction testamentary gift or transfer, §53-4-74. Order for payment of debts, §53-4-63. Predeceased beneficiary, §53-4-64. Residuary testamentary gift, §53-4-59. Order for payment of debts, §53-4-63. Specific testamentary gift, §53-4-59. Ademption or destruction, §53-4-66. Condemnation award, §53-4-67. Exchange of gift for like property, §53-4-67. Income, profit or increase, §53-4-60. Increase from gift, §53-4-60. Loss, theft or destruction. Insurance proceeds, §53-4-67. Order for payment of debt, §53-4-63. Profit from gift, §53-4-60. Void gift, §53-4-65. Testator’s power, §53-4-1. Trusts. Incorporation by reference of trustee’s powers, §53-12-263. Testamentary additions to trusts act. Application, §53-12-120. General provisions, §§53-12-100 to Witnesses. Beneficiaries, §53-4-23. Competency, §53-4-22. Execution and attestation, §53-4-20. Self-proved wills, §53-4-24.

INDEX WILLS - Cont’d Year’s support. Provision in will in lieu of support, §53-3-3. WILLS, TRUSTS AND ADMINISTRATION OF ESTATES. Administration of estates generally, §§53-7-1 to 53-7-78. Actions against personal representatives, §§53-7-10 to Claims against or in favor of estate, §§53-7-40 to 53-7-45. Discharge and resignation, §§53-7-50 to 53-7-56. Inventory, §§53-7-30 to 53-7-34. Powers and duties, §§53-7-1 to 53-7-8. Settlement of accounts. Annual returns and intermediate reports, §§53-7-67 to 53-7-78. Generally, §§53-7-60 to 53-7-66. Administrators and personal representatives, §§53-6-1 to Appointment, §§53-6-10 to 53-6-16. Bonds, §§53-6-50 to 53-6-54. Compensation, §§53-6-60 to 53-6-64. County administrators, §§53-6-35 to General provisions, §§53-6-1, 53-6-2. Letters of administration, §§53-6-20 to Temporary administration, §§53-6-30, Definitions, §53-1-2. Descent and distribution, §§53-2-1 to Dispensing with administration, §§53-2-40 to 53-2-42. Escheat, §§53-2-50, 53-2-51. General provisions, §§53-2-1 to 53-2-8. In-kind distribution, §§53-2-30 to Judicial determination of heirs and interests, §§53-2-20 to 53-2-27. Discharge and resignation of personal representatives, §§53-7-50 to 53-7-56. Executors and administrators, §§53-6-1 to 53-6-64. Appointment, §§53-6-10 to 53-6-16. Bonds, §§53-6-50 to 53-6-54. Compensation, §§53-6-60 to 53-6-64.

WILLS, TRUSTS AND ADMINISTRATION OF ESTATES - Cont’d Executors and administrators - Cont’d County administrators, §§53-6-35 to General provisions, §§53-6-1, 53-6-2. Letters of administration, §§53-6-20 to Temporary administration, §§53-6-30, Oath or affirmation of temporary administrator, §53-6-32. General provisions, §§53-1-1 to 53-1-9. Common law and equity principles. Applicability to wills, trusts and administration of estates unless otherwise modified, §53-1-9. Curtesy, §53-1-3. Date provisions effective, §53-1-1. Definitions, §53-1-2. Dower, §53-1-3. Effective date of provisions, §53-1-1. Effect on support obligation of use of income from estate, §53-1-4. Income from estate used for support. Legal obligations, §53-1-4. Slayer statute, §53-1-5. Surviving spouse under age of eighteen, §53-1-7. Tax overpayments. Payment to surviving spouse, §53-1-6. Investments, §§53-8-1 to 53-8-5. Missing persons and persons believed to be dead. Administration of estates, §§53-9-1 to 53-9-8, 53-9-20. Conservators of estates, §§53-9-10 to 53-9-16, 53-9-21. Probate court proceedings, §§53-11-1 to 53-11-11. Probate of wills, §§53-5-1 to 53-5-51. Common form, §§53-5-15 to 53-5-19. Foreign wills, §§53-5-30 to 53-5-47. General provisions, §§53-5-1 to 53-5-7. Jurisdiction, §§53-5-50, 53-5-51. Solemn form, §§53-5-20 to 53-5-22. Witnesses, expenses, settlement agreements, §§53-5-23 to 53-5-27. Revised probate code of 1998. Effective date of provisions, §53-1-1. Provisions known and cited as, §53-1-1.

INDEX WILLS, TRUSTS AND ADMINISTRATION OF ESTATES - Cont’d Revised uniform fiduciary access to digital assets act, §§53-13-1 to Federal law, application, §53-13-40. General provisions, §§53-13-1 to Legal obligations, §§53-13-30, Rights of custodians or users, §§53-13-10 to 53-13-20. Sale or conveyance of property by personal representative, §§53-8-10 to 53-8-15. Simultaneous death act, §§53-10-1 to Trusts. Revised Georgia trust code of 2010. Breaches of trust, §§53-12-300 to Charitable trusts, §§53-12-170 to Creation by deed to acquire beneficial interest, §§53-12-150 to 53-12-159. Disbursements from principal and income, §§53-12-450 to Express trusts. Creation and validity, §§53-12-20 to 53-12-28. Foreign trustees, §§53-12-320 to General provisions, §§53-12-1 to Investment and management of trust property. Generally, trustees’ powers, §§53-12-340 to 53-12-364. Principal and income act, §§53-12-380 to 53-12-431. Private foundations and trusts, §§53-12-180 to 53-12-195. Reformation, §§53-12-60 to 53-12-65. Resulting trusts, §§53-12-130 to Revocation or modification, §§53-12-40 to 53-12-45. Spendthrift provisions, §§53-12-80 to Testamentary additions to trusts, §§53-12-100 to 53-12-120. Trust directors, §§53-12-500 to

WILLS, TRUSTS AND ADMINISTRATION OF ESTATES - Cont’d Trusts - Cont’d Revised Georgia trust code of 2010 - Cont’d Trustees. Accounting, §§53-12-230 to Breaches of trust, §§53-12-300 to Duties, powers, liabilities, distributions, certification of trusts, §§53-12-240 to Foreign trustees, §§53-12-320 to Generally, compensation, resignation, removal, §§53-12-200 to 53-12-221. Investment and management of trust property. Generally, trustees’ powers, §§53-12-340 to 53-12-364. Uniform simultaneous death act, §§53-10-1 to 53-10-6. Wills, §§53-4-1 to 53-4-74. Execution and attestation, §§53-4-20 to 53-4-24. General provisions, §§53-4-1 to 53-4-5. Joint or mutual wills, §§53-4-30 to Probate, §§53-5-1 to 53-5-51. Common form, §§53-5-15 to 53-5-19. Foreign wills, nondomiciliaries, §§53-5-30 to 53-5-41. General provisions, §§53-5-1 to Jurisdiction, §§53-5-50, 53-5-51. Solemn form, §§53-5-20 to 53-5-22. Witnesses, expenses, settlement agreements, §§53-5-23 to Revocation and republication, §§53-4-40 to 53-4-50. Testamentary capacity, §§53-4-10 to Year’s support, §§53-3-1 to 53-3-21. WITNESSES. Competency to be witness. Wills. Execution and attestation generally, §53-4-22.

INDEX WITNESSES - Cont’d Pilots and pilotage. Board of pilotage commissioners. Interrogatories and depositions from nonresidents and seamen, §52-6-41. Appeals from board to superior court, §52-6-43. Subpoenas, §§52-6-39, 52-6-40. Fees, §52-6-44. Probate of wills. Common form of probate, §53-5-17. Examination of witnesses, §53-5-23. Solemn form, §53-5-21. Examination of witnesses, §53-5-23. Unavailability of subscribing witness, §53-5-24. Wills. Beneficiaries under will, §53-4-23. Competency, §53-4-22. Execution and attestation generally, §53-4-20. Probate of wills. Common form, §§53-5-17, 53-5-23. Solemn form, §§53-5-21, 53-5-23. Unavailability of witnesses, §53-5-24. Self-proved wills or codicils, §53-4-24. Testamentary gift to witness or witness’s spouse, §53-4-23. WRITINGS. Renunciation of succession, §53-1-20. Y YEAR’S SUPPORT, §§53-3-1 to Award of interest in real property, §53-3-11. Barring of rights to support, §53-3-2. Property sold by personal representative prior to award, §53-3-13. Burden of proof regarding amount necessary for support, §53-3-7. Contested proceedings. Jurisdiction of probate court, §53-1-9. Contract made by surviving spouse or guardian, §53-3-15. Conveyance made by surviving spouse or guardian, §53-3-15. Conveyance of property set aside. Approval of probate court, §53-3-20. Effect, §53-3-19.

YEAR’S SUPPORT - Cont’d Court costs, §53-3-12. Court to apportion between minor children of individuals other than surviving spouses, §53-3-8. Crops, landlord’s lien, §53-3-18. Election by surviving spouse for will in lieu of support, §53-3-3. Encumbrance of property set aside, §53-3-19. Approval of probate court, §53-3-20. Entitlement, §53-3-1. Events barring right to support, §53-3-2. Fees, §53-3-12. Filing of petition, §53-3-5. Final illness expenses. Effect on determination of solvency of estate, §53-3-7. Funeral expenses. Effect on determination of solvency of estate, §53-3-7. Hearing, §53-3-7. Issuance of citation, §53-3-6. Lien created by surviving spouse or guardian, §53-3-15. Lien of landlord on crops, §53-3-18. Liens for taxes, §53-3-4. Mailing of citation to personal representative, §53-3-6. Minor children by individuals other than surviving spouse, §53-3-8. Missing persons and persons believed to be dead. Administration of estates, §§53-9-1 to Personal property. Subject to mortgage or security interests, §53-3-17. Petition. Filing, §53-3-5. Hearing, §53-3-7. Mailing to tax commissioner, §53-3-6. Preference, §53-3-1. Property inside or outside county, §53-3-10. Property sold by personal representative prior to award. Barring of right to support, §53-3-13. Property taxes. Taxes and tax liens, §53-3-4. Publication of show cause notice, §53-3-6. Real property. Awarding of interest in, §53-3-11.

INDEX YEAR’S SUPPORT - Cont’d Real property - Cont’d Option to purchase or contract to sell, §53-3-14. Subject to purchase money mortgage, §53-3-16. Taxes, §53-3-4. Tax liens, §53-3-4. Temporary administrator. Appointment, §53-3-21. Title to property set apart. Conveyance or encumbrance by surviving spouse. Approval of probate court, §53-3-20. Conveyance or encumbrance set aside by surviving spouse, §53-3-19. Manner of vesting, §53-3-9. Personal property subject to mortgage or security interests, §53-3-17. Property inside or outside county, §53-3-10.

YEAR’S SUPPORT - Cont’d Title to property set apart - Cont’d Real property subject to option to purchase or contract to sell, §53-3-14. Real property subject to purchase money mortgage, §53-3-16. Vesting of title to properties set apart, §53-3-9. Will providing in lieu of support, §53-3-3. YONAH LAKE. Operation of certain vessels prohibited, §52-7-13. Z ZERO TOLERANCE LAW. Boats and other watercraft. Person under age of 21 operating after consuming alcohol, §52-7-12.