2018 Georgia Code Annotated

TITLE 53 WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES

Chap.

• 1. General Provisions, 53-1-1 through 53-1-20.
• 2. Descent and Distribution, 53-2-1 through 53-2-51.
• 3. Year's Support, 53-3-1 through 53-3-20.
• 4. Wills, 53-4-1 through 53-4-75.
• 5. Probate, 53-5-1 through 53-5-71.
• 6. Administrators and Personal Representatives, 53-6-1 through 53-6-64.
• 7. Administration of Estates Generally, 53-7-1 through 53-7-78.
• 8. Investments, Sales, and Conveyances, 53-8-1 through 53-8-15.
• 9. Missing Persons and Persons Believed to be Dead, 53-9-1 through 53-9-21.
• 10. Simultaneous Death, 53-10-1 through 53-10-6.
• 11. Proceedings in Probate Court, 53-11-1 through 53-11-11.
• 12. (Revised Trust Code of 2010) Trusts, 53-12-1 through 53-12-506.
• 13. Revised Uniform Fiduciary Access to Digital Assets, 53-13-1 through 53-13-40.
• 14. Testamentary Additions to Trusts, 53-14-1 through 53-14-5 [Repealed].
• 15. Incorporation of Fiduciary Powers by Reference, 53-15-1 through 53-15-4 [Repealed].
• 16. Foreign Corporation Fiduciaries, 53-16-1 through 53-16-5 [Repealed].
• 17. Uniform Act for Simplification of Fiduciary Security Transfers, 53-17-1 through 53-17-11 [Repealed].

Chapter 1. General Provisions, 53-1-1 through 53-1-20.

Article 1 In General.

• 53-1-1. Short title; effective date of provisions.
• 53-1-2. Definitions.
• 53-1-3. Dower and tenancy by curtesy.
• 53-1-4. Effect on support obligation of use of income from estate or trust for support.
• 53-1-5. Right of individual who feloniously and intentionally kills or conspires to kill to inherit.
• 53-1-6. Payment to surviving spouse of state or federal income tax overpayments.
• 53-1-7. Surviving spouse under the age of 18 years.
• 53-1-8. Adopted individuals.

Article 2 Advancements.

• 53-1-10. Lifetime transfers.
• 53-1-11. Value.
• 53-1-12. Manner of taking into account.
• 53-1-13. Consideration of satisfaction or advancement when recipient predeceases transferor.

Article 3 Renunciation.

• 53-1-20. Renouncing property; procedures; relation back; abridgement; fiduciary duties.

Chapter 2. Descent and Distribution, 53-2-1 through 53-2-51.

Article 1 General Provisions.

• 53-2-1. Rules of inheritance when decedent dies without will; effect of abandonment of child.
• 53-2-2. Effect of decree of adoption [Repealed].
• 53-2-3. Inheritance by children born out of wedlock.
• 53-2-4. Inheritance from children born out of wedlock.
• 53-2-5. Children conceived by artificial insemination.
• 53-2-6. Individual related to decedent through two or more lines of relationship.
• 53-2-7. Vesting of title to property; right to possession.
• 53-2-8. Death intestate, and without ascertainable heirs, of spouse of intestate decedent.

Article 2 Judicial Determination of Heirs and Interests.

• 53-2-20. Jurisdiction of probate or superior court.
• 53-2-21. Filing of petition.
• 53-2-22. Petition by person claiming to be heir or distributee.
• 53-2-23. Superior court procedure.
• 53-2-24. Probate court procedure.
• 53-2-25. Intervention by person claiming to be heir or distributee.
• 53-2-26. Effect of findings of court.
• 53-2-27. DNA testing for kinship; procedure; costs.

Article 3 Distribution of Estate in Kind.

• 53-2-30. Authority of administrator; method of distribution provided for in will.
• 53-2-31. Petition in probate court; distribution in kind not pro rata.
• 53-2-32. Order of probate court.

Article 4 Dispensing with Administration.

• 53-2-40. Petition.
• 53-2-41. Issuance of citation and order; objections.
• 53-2-42. Right of action by creditor.

Article 5 Escheat.

• 53-2-50. Definition.
• 53-2-51. Procedure.

Chapter 3. Year's Support, 53-3-1 through 53-3-20.

• 53-3-1. Preference and entitlement.
• 53-3-2. Events barring right to support.
• 53-3-3. Provision in will in lieu of support; election.
• 53-3-4. "Homestead" defined; taxes and tax liens.
• 53-3-5. Filing of petition.
• 53-3-6. Issuance of citation and publication of notice; mailing of petition to tax commissioner.
• 53-3-7. Hearing and determination.
• 53-3-8. Minor children by different spouses.
• 53-3-9. Vesting of title to property set apart.
• 53-3-10. Property inside or outside county.
• 53-3-11. Awarding interest in real property.
• 53-3-12. Fees.
• 53-3-13. Sale or conveyance of property by personal representative prior to award.
• 53-3-14. Real property subject to option to purchase or contract to sell.
• 53-3-15. Conveyance, contract, or lien made by surviving spouse or guardian.
• 53-3-16. Real property subject to purchase money mortgage.
• 53-3-17. Personal property subject to mortgage or other security interest.
• 53-3-18. Landlord's lien on crops.
• 53-3-19. Conveyance or encumbrance by surviving spouse of property set aside; effect.
• 53-3-20. Conveyance or encumbrance by surviving spouse of property set aside; approval of probate court.

Chapter 4. Wills, 53-4-1 through 53-4-75.

Article 1 General Provisions.

• 53-4-1. Power of testator.
• 53-4-2. When will takes effect.
• 53-4-3. Determination whether instrument is will.

Article 2 Testamentary Capacity.

• 53-4-10. Minimum age; conviction of crime.
• 53-4-11. Decided and rational desire; incapacity to contract; insanity; advanced age or eccentricity.
• 53-4-12. Freedom of volition.

Article 3 Execution and Attestation.

• 53-4-20. Required writing; signing; witnesses; codicil.
• 53-4-21. Knowledge of contents of will by testator.
• 53-4-22. Competency of witness.
• 53-4-23. Testamentary gift to witness or witness's spouse.
• 53-4-24. Self-proved will or codicil.

Article 4 Joint or Mutual Wills.

• 53-4-30. Contract concerning succession.
• 53-4-31. Definitions.
• 53-4-32. Effect of execution.
• 53-4-33. Revocation.

Article 5 Revocation and Republication.

• 53-4-40. Power of testator.
• 53-4-41. Intent.
• 53-4-42. Express or implied revocation.
• 53-4-43. Subsequent will or other written instrument.
• 53-4-44. Destruction or obliteration of will or material portion thereof.
• 53-4-45. Revival or republication of previous will.
• 53-4-46. Presumption of intent.
• 53-4-47. Effect of implied revocation.
• 53-4-48. Effect of testator's marriage, or birth or adoption of child; provision in will for class of children.
• 53-4-49. Effect of testator's divorce, annulment, or remarriage to former spouse.
• 53-4-50. Republication of revoked will.

Article 6 Construction of Will; Testamentary Gifts.

• 53-4-55. Construction of wills; intention of testator.
• 53-4-56. Construction of wills; parole evidence.
• 53-4-57. Partial illegality of will.
• 53-4-58. Failure to provide for living child believed dead.
• 53-4-59. Specific, demonstrative, general, or residuary testamentary gifts.
• 53-4-60. Income, profit, or increase of specific testamentary gifts.
• 53-4-61. Time at which general or demonstrative testamentary gift bears interest.
• 53-4-62. Testamentary gift to charity.
• 53-4-63. Payment of debts of testator.
• 53-4-64. Death of beneficiary before will executed or before death of testator.
• 53-4-65. Disposition of lapsed or void testamentary gift of residuum.
• 53-4-66. Ademption or destruction of specific testamentary gift.
• 53-4-67. Exchange, loss, theft, destruction, or condemnation of testamentary gift.
• 53-4-68. Conditions that are impossible, illegal, or against public policy; conditions in terrorem.
• 53-4-69. Election by beneficiary with claim adverse to will.
• 53-4-70. Election by beneficiary owning testamentary gift of property.
• 53-4-71. Compensation to defeated beneficiary electing against will.
• 53-4-72. Passing of after-acquired property.
• 53-4-73. Disposition of heart pacemakers.
• 53-4-74. Pecuniary marital deduction testamentary gift or transfer.
• 53-4-75. Construction of wills and trust instruments referring to federal estate and generation-skipping transfer tax laws.

Chapter 5. Probate, 53-5-1 through 53-5-71.

Article 1 General Provisions.

• 53-5-1. Jurisdiction and domicile.
• 53-5-2. Right to offer will for probate; "interested person" defined.
• 53-5-3. Time limitation.
• 53-5-4. Recovery of property from bona fide purchaser for value.
• 53-5-5. Duty to file will.
• 53-5-6. Admission of executor before qualification or of a beneficiary.
• 53-5-7. Proof of codicil.

Article 2 Common Form.

• 53-5-15. Common or solemn form.
• 53-5-16. Conclusiveness; persons protected if set aside.
• 53-5-17. Procedure.
• 53-5-18. Court order.
• 53-5-19. When conclusive upon parties in interest.

Article 3 Solemn Form.

• 53-5-20. Conclusiveness.
• 53-5-21. Procedure.
• 53-5-22. Notice.

Article 4 Witnesses; Settlement Agreement; Expenses.

• 53-5-23. Methods of examining witnesses; photocopy of will.
• 53-5-24. Unavailability of subscribing witnesses.
• 53-5-25. Settlement agreement.
• 53-5-26. Persons entitled to recover expenses.

Article 5 Foreign and Out-of-state Wills; Nondomiciliaries.

Part 1 GENERAL PROVISIONS.

• 53-5-30. Definitions.
• 53-5-31. Requisites for admission to probate.
• 53-5-32. Effect of admission to probate.
• 53-5-33. Requisites for admission to ancillary probate.
• 53-5-34. Effect of admission to ancillary probate.
• 53-5-35. Muniments of title to realty.
• 53-5-36. Jurisdiction.
• 53-5-37. Qualification of executor or administrator.
• 53-5-38. Distribution of intestate nondomiciliary's real property.
• 53-5-39. Appointment of administrator of intestate nondomiciliary's estate.
• 53-5-40. Notice given by ancillary personal representative.
• 53-5-41. Laws or court orders governing administration of estate by ancillary personal representative.

Part 2 FOREIGN PERSONAL REPRESENTATIVES.

• 53-5-42. Powers.
• 53-5-43. Evidence of authority.
• 53-5-44. Application to protect interest in property.
• 53-5-45. Jurisdiction.
• 53-5-46. Service of process.
• 53-5-47. Effect of adjudication.

Article 6 Jurisdiction.

• 53-5-50. Original jurisdiction.
• 53-5-51. Contents of petition; service of notice; issuance of relief.

Article 7 Uniform Transfer on Death Security Registration.

• 53-5-60. Short title.
• 53-5-61. Definitions.
• 53-5-62. Ownership of a security.
• 53-5-63. Authorization of beneficiary form.
• 53-5-64. Registration of a beneficiary form.
• 53-5-65. Words used in beneficiary form.
• 53-5-66. Designation of transfer in beneficiary form.
• 53-5-67. Ownership of registered security after death.
• 53-5-68. Duties of registering entity; implementation of registration; applicability of Code Section 53-5-67; protective effect.
• 53-5-69. Effect of beneficiary form.
• 53-5-70. Terms and conditions of beneficiary form; illustrations.
• 53-5-71. Applicability of article.

Chapter 6. Administrators and Personal Representatives, 53-6-1 through 53-6-64.

Article 1 General Provisions.

• 53-6-1. Eligibility.
• 53-6-2. Executor de son tort.

Article 2 Appointment.

• 53-6-10. Nomination by testator.
• 53-6-11. Qualification.
• 53-6-12. Declination.
• 53-6-13. Appointment by court.
• 53-6-14. Selection by beneficiaries.
• 53-6-15. Petition for letters of administration with will annexed.
• 53-6-16. Oath or affirmation of executor and administrator with will annexed.

Article 3 Letters of Administration.

• 53-6-20. Selection or appointment of administrator.
• 53-6-21. Petition to court; contents.
• 53-6-22. Notice.
• 53-6-23. Issuance.
• 53-6-24. Oath or affirmation of administrator.

Article 4 Temporary Administration.

• 53-6-30. Power of court; appointment of administrator; appeal.
• 53-6-31. Power of administrator.

Article 5 County Administrators.

• 53-6-35. Appointment.
• 53-6-36. Qualifications and compensation.
• 53-6-37. Term; vacancies; discharge of duties after expiration of term or removal from office; resignation.
• 53-6-38. Administration of unrepresented estate by county administrator.
• 53-6-39. Administration or unrepresented estate by clerk of superior court.
• 53-6-40. Separate letters of administration; governing law; appointment for sole purpose of commencing or continuing lawsuit against estate.
• 53-6-41. Bond.
• 53-6-42. Power of court to revoke letters of administration, require additional security, or pass other order.
• 53-6-43. Proceedings to require additional security.
• 53-6-44. Settlement of estate without administration.

Article 6 Bond.

• 53-6-50. Persons required to give.
• 53-6-51. Requisites.
• 53-6-52. Reduction.
• 53-6-53. Personal representative qualified to serve without, or not otherwise legally required to give, bond.
• 53-6-54. Recordation and custody.

Article 7 Compensation.

• 53-6-60. Amount.
• 53-6-61. Expenses.
• 53-6-62. Extra compensation.
• 53-6-63. Compensation from business enterprise.
• 53-6-64. Compensation to temporary administrator.

Chapter 7. Administration of Estates Generally, 53-7-1 through 53-7-78.

Article 1 Powers and Duties Generally.

• 53-7-1. General powers and duties of personal representative; additional powers.
• 53-7-2. Administration of entire estate; distribution of residuum.
• 53-7-3. Powers and immunities of administrator with will annexed.
• 53-7-4. Powers of temporary administrators pending appointment of personal representative and executors pending litigation of caveats to wills.
• 53-7-5. Powers, duties, and liabilities if more than one personal representative; safe deposit boxes or receptacles.
• 53-7-6. Power to borrow money, make and fulfill contracts, provide legal counsel, continue decedent's business, and perform other acts.
• 53-7-7. Disposition of income received during administration.
• 53-7-8. Support and education of minor heirs and beneficiaries without guardians.

Article 2 Actions Against Personal Representatives.

• 53-7-10. Allowable defenses; generally.
• 53-7-11. Allowable defenses; action originating in lifetime of decedent.
• 53-7-12. Survival of action.
• 53-7-13. Service of process.
• 53-7-14. Action against removed personal administrator.
• 53-7-15. Applicability of provisions relating to sureties on guardians' bonds.
• 53-7-16. Joint and several liability of personal representative and sureties.
• 53-7-17. Liability on common bond of two or more personal representatives.
• 53-7-18. Liability of sureties on bond of removed personal representative.
• 53-7-19. Action on bond for failure to settle and account with heir or beneficiary.
• 53-7-20. Action on bond upon liability of decedent and return of execution marked nulla bona.
• 53-7-21. Against what property judgment levied.
• 53-7-22. Levy upon property; entering of judgment and issuance of execution.
• 53-7-23. Property upon which execution levied.

Article 3 Inventory.

• 53-7-30. Filing and contents.
• 53-7-31. Making of inventory jointly by all personal representatives; proof of joint possession of assets.
• 53-7-32. Waiver of right to receive; relieving personal representative of duty to make.
• 53-7-33. Power of testator to dispense with making inventory.
• 53-7-34. Failure to return a correct inventory.

Article 4 Claims Against or In Favor of Estate.

• 53-7-40. Liability of estate; priority of claims.
• 53-7-41. Notice for creditors to render accounts; failure of creditors to give notice of claims.
• 53-7-42. Time for payment of debts; time for commencing action to recover debt.
• 53-7-43. Compelling heirs or beneficiaries to contribute to payment of debt.
• 53-7-44. Satisfaction of debts.
• 53-7-45. Compromise of claims.

Article 5 Discharge and Resignation.

• 53-7-50. Petition by personal representative for discharge; citation and publication; hearing; subsequently discovered estate.
• 53-7-51. Discharge when funds unclaimed.
• 53-7-52. Discharge of temporary administrator.
• 53-7-53. Discharge obtained by fraud.
• 53-7-54. Breach of fiduciary duty.
• 53-7-55. Revocation of letters of personal representative or other sanctions.
• 53-7-56. Resignation.

Article 6 Settlement of Accounts.

Part 1 GENERAL PROVISIONS.

• 53-7-60. Jurisdiction.
• 53-7-61. Filing of petition upon termination of personal representative.
• 53-7-62. Appearance before court; failure of personal representative to appear; right to appeal.
• 53-7-63. Making and enforcing final settlement.
• 53-7-64. Accounting for income on property administered.
• 53-7-65. Recordation of final receipts; admission in evidence.
• 53-7-66. Refunding bonds.

Part 2 ANNUAL RETURNS AND INTERMEDIATE REPORTS.

• 53-7-67. Required annual filing; reporting period.
• 53-7-68. Mailing of return to heirs and beneficiaries; relieving personal representative of duty to file return.
• 53-7-69. Power of testator to dispense with necessity of return.
• 53-7-70. Examination and recordation of returns and vouchers; evidentiary effect.
• 53-7-71. Return of nonresident or deceased personal representative.
• 53-7-72. Docket of persons liable to make returns; failure to make returns.
• 53-7-73. Filing and contents of intermediate report; notice to heirs and beneficiaries.
• 53-7-74. Filing of objections to intermediate report; continuation of hearing; appeal.
• 53-7-75. Construction of will by superior court.
• 53-7-76. Judgment surcharging fiduciary.
• 53-7-77. Conclusiveness of order on intermediate report.
• 53-7-78. Taxing of costs.

Chapter 8. Investments, Sales, and Conveyances, 53-8-1 through 53-8-15.

Article 1 Investments.

• 53-8-1. Authorized investments; standard of care; deviation from will or other disposition; investments by personal representative who is a bank or trust company.
• 53-8-2. Real property.
• 53-8-3. Securities, obligations, and interest-bearing deposits.
• 53-8-4. Government obligations; standard of prudence; corporate fiduciaries.
• 53-8-5. Retention of property by personal representative; corporate fiduciaries.

Article 2 Sales and Conveyances.

• 53-8-10. Authority of personal representative; petition by temporary administrator.
• 53-8-11. Property that is perishable, liable to deteriorate, or expensive to keep.
• 53-8-12. Stocks or bonds.
• 53-8-13. General procedures.
• 53-8-14. Warranty; personal liability of personal representative.
• 53-8-15. Passage of title to heirs or beneficiaries; assent of personal representative.

Chapter 9. Missing Persons and Persons Believed to be Dead, 53-9-1 through 53-9-21.

Article 1 Administration of Estate.

• 53-9-1. Presumption or proof of death; presumption that missing person predeceased other deceased individual; perils or tragedies resulting in probable death.
• 53-9-2. Filing and contents of petition; publication of notice.
• 53-9-3. Hearing; finding of death.
• 53-9-4. Issuance of letters or order.
• 53-9-5. Revocation of letters upon proof that missing individual is alive.
• 53-9-6. Recovery of property by missing individual.
• 53-9-7. Distribution of assets.
• 53-9-8. Probate court judges allowed to hold certain funds for missing heir or beneficiary under decedent's will.

Article 2 Conservators.

• 53-9-10. "Missing" defined; petition for conservator.
• 53-9-11. Factors considered by court; qualifications.
• 53-9-12. Contents of petition.
• 53-9-13. Procedure on petition; laws applicable to, and oath and bond of, conservator.
• 53-9-14. Report of conservator; court order.
• 53-9-15. Termination of conservatorship.
• 53-9-16. Final return; delivery of funds or property to personal representative.

Article 3 Nondomiciliaries.

• 53-9-20. Presumption or proof of death.
• 53-9-21. Appointment of conservator.

Chapter 10. Simultaneous Death, 53-10-1 through 53-10-6.

• 53-10-1. Short title.
• 53-10-2. Disposition of property upon simultaneous deaths where devolution depends on priority of death.
• 53-10-3. Disposition of property upon simultaneous death of beneficiary and another individual where interest depends on survival.
• 53-10-4. Disposition of property upon simultaneous death of joint owners.
• 53-10-5. Applicability of chapter.
• 53-10-6. Uniformity of law.

Chapter 11. Proceedings in Probate Court, 53-11-1 through 53-11-11.

• 53-11-1. Applicability of, and compliance with, provisions.
• 53-11-2. "Guardian" defined; persons represented; appointment; successors; guardian named in petitions.
• 53-11-3. Personal service; generally.
• 53-11-4. Service where person or residence unknown, or resides outside state.
• 53-11-5. Additional service or notice.
• 53-11-6. Waiver or acknowledgment of service or notice; consent to granting of relief or entry of order.
• 53-11-7. Officers authorized to administer oath or affirmation or affidavit.
• 53-11-8. Verification of petitions.
• 53-11-9. Issuance of citation upon filing of petition; contents; meaning.
• 53-11-10. Date by which objections must be filed or on which hearing will be held.
• 53-11-11. Authentication or exemplification of document.

Chapter 12. (Revised Trust Code of 2010) Trusts, 53-12-1 through 53-12-506.

Article 1 General Provisions.

• 53-12-1. Short title; effect on existing trusts.
• 53-12-2. Definitions.
• 53-12-3. Survival of common law and equity.
• 53-12-4. Law governing the validity of the trust.
• 53-12-5. Law governing the meaning and effect of trust provisions.
• 53-12-6. Jurisdiction.
• 53-12-7. When trust and chapter conflict.
• 53-12-8. Notice to person permitted to bind another person; consent on behalf of another person; representation of others.
• 53-12-9. "Interested persons" defined; binding nonjudicial settlement agreement.

Article 2 Creation and Validity of Express Trusts.

• 53-12-20. Express trusts.
• 53-12-21. Formal and precatory words.
• 53-12-22. Trust purposes and conditions in terrorem.
• 53-12-23. Capacity of settlor.
• 53-12-24. Non-merger.
• 53-12-25. Transfer of property in trust.
• 53-12-26. Additions to trust property.
• 53-12-27. Construction; parol evidence.
• 53-12-28. Trusts for animals.

Article 3 Revocable Trusts.

• 53-12-40. Revocation and modification generally.
• 53-12-41. Trustee's consent necessary to enlarge duties.
• 53-12-42. Notice to trustee.
• 53-12-43. Power of agent or conservator to revoke trust.
• 53-12-44. Trust not revocable because life estate holder has reversion.
• 53-12-45. Limitation on action contesting validity of revocable trust.

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

• 53-12-60. Reformation to correct mistakes.
• 53-12-61. Power to direct modification, consolidation, division, or termination; petition to modify or terminate noncharitable irrevocable trust; proceeding to approve proposed modification or termination; distribution of trust property under order for termination.
• 53-12-62. Power of trustee to invade principal of original trust.
• 53-12-63. Division and consolidation of trusts [Repealed].
• 53-12-64. Termination of trusts [Repealed].
• 53-12-65. Modification or termination of uneconomic trust.

Article 5 Spendthrift Provisions and Creditors' Rights and Claims.

• 53-12-80. Spendthrift provisions.
• 53-12-81. Limitations on creditors' rights to discretionary distributions.
• 53-12-82. Rules for trusts; consideration of assets of an inter vivos marital trust following death.
• 53-12-83. Creditors' claims against property that is subject to withdrawal right.

Article 6 Testamentary Additions to Trusts.

Part 1 TESTAMENTARY ADDITIONS TO TRUSTS.

• 53-12-100. Short title.
• 53-12-101. Making of testamentary additions to trusts.
• 53-12-102. Limitations of duties and responsibilities of trustee.
• 53-12-103. Effect on prior and subsequent wills.

Part 2 TRUSTS AS BENEFICIARIES.

• 53-12-120. Trusts as beneficiaries.

Article 7 Implied Trusts.

• 53-12-130. Resulting trusts.
• 53-12-131. Purchase money resulting trusts.
• 53-12-132. Constructive trusts.
• 53-12-133. Parol evidence and implied trusts.

Article 8 Creation by Deed to Acquire Beneficial Interest.

• 53-12-150. Definitions.
• 53-12-151. Deeds to interests in property.
• 53-12-152. Filing of deeds and amendments thereto; filing of copies with Secretary of State.
• 53-12-153. Name of trust.
• 53-12-154. Certificates of beneficial interest by trustees.
• 53-12-155. Duties and powers of trustees; resignation or removal; successor trustees.
• 53-12-156. Investments by trustees.
• 53-12-157. Initial and annual returns.
• 53-12-158. How title vests on termination of estate.
• 53-12-159. Merger of trust into a domestic corporation.

Article 9 Charitable Trusts.

• 53-12-170. Definition; charitable purposes.
• 53-12-171. Power to select purposes or beneficiaries.
• 53-12-172. Cy pres.
• 53-12-173. Duration of charitable trusts.
• 53-12-174. Attorney general or district attorney as representative of charitable beneficiaries.
• 53-12-175. Enforcement by settlor.

Article 10 Private Foundations.

Part 1 CORPORATIONS.

• 53-12-180. Automatic amendment of articles of incorporation of corporate private foundation.
• 53-12-181. Amendment of articles of incorporation to exclude application of Code Section 53-12-180.
• 53-12-182. Effect of Code Sections 53-12-180 and 53-12-181 as to forfeiture or reversion of trust property.
• 53-12-183. Election of private foundation to distribute such property as will enable corporation to avoid tax liability.
• 53-12-184. Effect of Code Sections 53-12-180 through 53-12-183 on powers of the courts or the Attorney General.

Part 2 TRUSTS.

• 53-12-190. Automatic amendment of governing instrument of private foundation trust, charitable trust, or split-interest trust.
• 53-12-191. Automatic amendment of governing instrument of private foundation trust or charitable trust as to distribution of trust funds.
• 53-12-192. Amendment of governing instrument of private foundation trust, charitable trust, or split-interest trust to exclude application of Code Section 53-12-190 or 53-12-191.
• 53-12-193. Election of trustees of private foundation or charitable trust to distribute such trust principal as will enable trust to avoid tax liability; filing of written election with Attorney General; form of distribution; revocation of election.
• 53-12-194. Effect of Code Sections 53-12-190 through 53-12-193 as to forfeiture or reversion of trust property or failure of trust.
• 53-12-195. Effect of Code Sections 53-12-190 through 53-12-193 on powers of courts and Attorney General.

Article 11 Trustees.

Part 1 APPOINTMENT AND ACCEPTANCE.

• 53-12-200. Capacity of trustee.
• 53-12-201. Appointment and vacancies.
• 53-12-202. Acceptance.
• 53-12-203. Trustee's bond.
• 53-12-204. Cotrustees generally.

Part 2 TRUSTEE COMPENSATION.

• 53-12-210. Compensation of trustee.
• 53-12-211. Compensation of cotrustees and successor trustees.
• 53-12-212. Extra compensation.
• 53-12-213. Reimbursement of expenses.
• 53-12-214. Compensation from business enterprise.

Part 3 RESIGNATION AND REMOVAL.

• 53-12-220. Resignation of trustee.
• 53-12-221. Removal of trustee.

Article 12 Accounting by Trustee.

• 53-12-230. Interim accounting.
• 53-12-231. Final accounting.
• 53-12-232. Equitable accounting.

Article 13 Trustees' Duties and Powers.

Part 1 DUTIES OF TRUSTEE.

• 53-12-240. Duties generally.
• 53-12-241. Duty of prudent administration.
• 53-12-242. Duty to inform as to existence of trust.
• 53-12-243. Duty to provide reports and accounts.
• 53-12-244. Duty to distribute income.
• 53-12-245. No duty to investigate resources.
• 53-12-246. Duty to avoid conflict of interest.
• 53-12-247. Duty of impartiality.

Part 2 TRUSTEES' POWERS.

• 53-12-260. Discretionary powers.
• 53-12-261. Powers of trustee; limitation based on fiduciary duties.
• 53-12-262. Powers of corporate fiduciaries.
• 53-12-263. Incorporation of powers by reference.
• 53-12-264. Granting of powers by qualified beneficiaries.

Part 3 TRUSTEE AS BENEFICIARY.

• 53-12-270. Exercise of power by trustee who is also a beneficiary.

Part 4 CERTIFICATION OF TRUSTS.

• 53-12-280. Certification of trust by trustee.

Part 5 REGISTRATION AND DEPOSIT OF SECURITIES.

• 53-12-290. How securities to be registered by corporate trustee.
• 53-12-291. Registration where two or more fiduciaries are acting jointly.
• 53-12-292. Deposit of securities in clearing corporation.

Article 14 Trustee Liability.

• 53-12-300. Accountable to beneficiary; breach of trust.
• 53-12-301. Actions for breach of trust.
• 53-12-302. Damages for breach of trust; interest.
• 53-12-303. Relief of liability.
• 53-12-304. Liability of successor trustee.
• 53-12-305. Liability of cotrustee.
• 53-12-306. Action against cotrustee.
• 53-12-307. Limitation of actions.
• 53-12-308. Personal liability of trustee.

Article 15 Nonresidents and Foreign Entities Acting as Trustees.

• 53-12-320. Nonresidents acting as trustees.
• 53-12-321. Foreign entities acting as trustees.
• 53-12-322. Acting as fiduciary; establishment of place of business prohibited; certificate of authority required.
• 53-12-323. Filing statement with Secretary of State; appointment of agent for service.

Article 16 Trust Investments.

Part 1 INVESTMENTS GENERALLY.

• 53-12-340. Investment standard.
• 53-12-341. Concentrated holdings and diversification.
• 53-12-342. Duties at inception of trusteeship.
• 53-12-343. Reviewing compliance.
• 53-12-344. Language invoking application of article.
• 53-12-345. Delegation.

Part 2 POWER OF ADJUSTMENT AND UNITRUSTS.

• 53-12-360. Duty of trustee as to receipts and disbursements within scope of Article 17.
• 53-12-361. Power of adjustment.
• 53-12-362. Conversion to unitrust.
• 53-12-363. Abuse of trustee's discretion.
• 53-12-364. Express total return unitrusts.

Article 17 Georgia Principal and Income Act.

Part 1 GENERAL PROVISIONS AND DEFINITIONS.

• 53-12-380. Short title.
• 53-12-381. Definitions.

Part 2 PAYMENT OF INTEREST AND EXPENSES.

• 53-12-390. Payment of interest on pecuniary amount.
• 53-12-391. Payment of expenses.

Part 3 APPORTIONMENT AT BEGINNING AND END OF INCOME INTEREST.

• 53-12-400. When the right to income begins and ends.
• 53-12-401. Apportionment of receipts and disbursements when decedent dies or income interest begins.
• 53-12-402. Apportionment when income interest ends.

Part 4 ALLOCATION OF RECEIPTS DURING ADMINISTRATION OF TRUST.

Subpart 1 Receipts from Entities.

• 53-12-410. Character of receipts.
• 53-12-411. Distribution from trust or estate.
• 53-12-412. Business and other activities conducted by trustee.

Subpart 2 Receipts Not Normally Apportioned.

• 53-12-420. Principal receipts.
• 53-12-421. Rental property.
• 53-12-422. Obligation to pay money.
• 53-12-423. Insurance policies and similar contracts.
• 53-12-424. Insubstantial allocations not required.
• 53-12-425. Deferred compensation, annuities, and similar payments.
• 53-12-426. Liquidating asset.
• 53-12-427. Minerals, water, and other natural resources.
• 53-12-428. Timber.
• 53-12-429. Property not productive of income.
• 53-12-430. Derivatives and options.
• 53-12-431. Asset-backed securities.

Part 5 ALLOCATION OF DISBURSEMENTS DURING ADMINISTRATION OF TRUST.

• 53-12-450. Disbursements from income.
• 53-12-451. Disbursements from principal.
• 53-12-452. Transfers from income to principal for depreciation.
• 53-12-453. Transfers from income to reimburse principal.
• 53-12-454. Income taxes.
• 53-12-455. Adjustments between principal and income because of taxes.

Article 18 Trust Directors.

• 53-12-500. Definitions.
• 53-12-501. Application of article; construction of trust instrument.
• 53-12-502. Authority, procedures, and powers of trust directors.
• 53-12-503. Role of directors; petitioning court for instructions.
• 53-12-504. Directed trustees; role; trustee's duty as to directed trustee; petitioning court for instructions.
• 53-12-505. Relief from duty and liability.
• 53-12-506. Statutory provisions applicable to trust directors; defenses available to trust directors; jurisdiction.

Chapter 13. Revised Uniform Fiduciary Access to Digital Assets, 53-13-1 through 53-13-40.

COMMENT Code Revision Committee Note on Comments. The comments appearing in this chapter have been prepared under the supervision of the Georgia Trust Code Revision Committee of the Fiduciary Law Section of the State Bar of Georgia and are included in the Official Code of Georgia Annotated at the request of the Committee. The comments were prepared by Anne S. Emanuel, Associate Professor at Georgia State University College of Law, reporter to the Georgia Trust Code Revision Committee, and were reviewed by the members of the Committee: William J. Linkous, Jr. and James H. Morgan, Jr., Co-Chairmen; Henry L. Bowden, Jr., Subcommittee Chairman; Michael D. Alembik, A. Kimbrough Davis, Herbert Elsas, John M. Graham, Barbara C. Hipple, S. Davis Laney, Joseph C. Miller, Jeffrey Pennell, James C. Rehburg, and Albert P. Reichert, Jr. They were presented to the General Assembly, in substantially this form, as part of the explanation for the changes proposed from prior law, and to clarify the meaning of the Act. Neither the General Assembly of Georgia nor the Code Revision Commission of the State of Georgia has participated in the drafting of these comments or has reviewed the comments for their content. The comments should not be considered to constitute a statement of legislative intention by the General Assembly of Georgia nor do they have the force of statutory law.

RESEARCH REFERENCES ALR. - Eligibility for welfare benefits as affected by claimant's status as trust beneficiary, 21 A.L.R.4th 729.

Subpart 1 Receipts from Entities

Subpart 2 Receipts Not Normally Apportioned

Article 1 General Provisions.

• 53-13-1. Short title.
• 53-13-2. Definitions.
• 53-13-3. Application.

Article 2 Rights of Custodians or Users.

• 53-13-10. User's direction on disclosures.
• 53-13-11. Modification to existing rights.
• 53-13-12. Custodian rights; administrative charges; disclosure of deleted assets; court order.
• 53-13-13. Deceased giving consent or court order for disclosure by custodian to personal representative.
• 53-13-14. Custodian's disclosure of catalogue of electronic communications; circumstances.
• 53-13-15. Custodian's disclosure under power of attorney.
• 53-13-16. Disclosures by custodians to agents.
• 53-13-17. Disclosure by custodians to trustees.
• 53-13-18. Trustee's requirements for disclosure by custodian.
• 53-13-19. Disclosure to trustee of electronic communications.
• 53-13-20. Access to digital assets by conservator.

Article 3 Legal Obligations.

• 53-13-30. Fiduciary duties apply to digital assets; disclosure to fiduciaries; termination of accounts.
• 53-13-31. Time for custodian's compliance with disclosure requests; court order for compliance.

Article 4 Application of Federal Law.

• 53-13-40. Construction with federal provisions.