Title 53 — Title 53
0 chapters · 435 sections in this title.
O.C.G.A. § 53-9-3 Hearing; finding of death
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At the hearing the probate court shall hear such evidence as shall be offered for the purpose of ascertaining whether a diligent and reasonable effort has been made to locate the missing individual and, if appropriate, such evidence that is offered to show that the missing indivi…
O.C.G.A. § 53-9-4 Issuance of letters or order
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At any time after the entering of the order finding the missing individual to be dead, the probate court shall issue letters of administration or letters testamentary or an order granting year’s support or an order that no administration is necessary in conformity with all of the …
O.C.G.A. § 53-9-5 Nondomiciliaries, §53-9-20
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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 oth…
O.C.G.A. § 53-9-6 Recovery of property by missing individual
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At any time before the expiration of two years after letters or an order for year’s support or an order that no administration is necessary is issued regarding the estate of the missing individual, any property received by any spouse or child or other purported heir or beneficiary…
O.C.G.A. § 53-9-7 Distribution of assets
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Before a distribution of any of the assets of the estate of a missing person is made to a spouse, child, or other purported heir or beneficiary within the two-year period set out in Code Section 53-9-6, such spouse, child, or other purported heir or beneficiary shall give security,…
O.C.G.A. § 53-9-8 Personal property
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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 s…
O.C.G.A. § 53-10-1 Short title
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This chapter may be cited as the ‘‘Uniform Simultaneous Death Act in Georgia.’’ History. — Code 1981, § 53-10-1, enacted by Ga. L. 1996, p. 504, § 10.
O.C.G.A. § 53-10-3 Joint owners, §53-10-4
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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 t…
O.C.G.A. § 53-10-4 ADMINISTRATIVE PROCEDURE
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Boats and other watercraft. Suspension of operating privilege, §52-7-12.7. ADMINISTRATORS AND PERSONAL REPRESENTATIVES. General provisions, §§53-6-1 to 53-6-64. ADOPTION.
O.C.G.A. § 53-10-5 Applicability of chapter
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This chapter shall not apply in the case of wills, trusts, deeds, contracts of insurance, or any other situation where provision is made for distribution of property different from that provided in this chapter or where provision is made for a presumption as to survivorship that …
O.C.G.A. § 53-10-6 Wills
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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 53-3-21. 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 …
O.C.G.A. § 53-11-1 Applicability of, and compliance with, provisions
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Except as otherwise specifically provided, the provisions of this chapter shall apply to any proceeding in the probate court that arises under Chapters 1 through 10, 12, and 13 of this title. Compliance with the provisions of this chapter shall be deemed to be sufficient for proce…
O.C.G.A. § 53-11-10 Petitions
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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 an…
O.C.G.A. § 53-11-11 Authentication or exemplification of document
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Whenever it is required that a document to be filed in the probate court be authenticated or exemplified, such requirement shall be met by complying with the provisions of Code Section 24-9-922 and such full faith and credit shall be given to the document as is provided in that Cod…
O.C.G.A. § 53-11-3 Personal service; generally
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(a) Except as otherwise prescribed by law or directed by the probate judge, a party in interest who is a resident of this state is entitled to personal service of any petition and citation for proceedings that are subject to the provisions of this chapter. (b) Except as otherwise…
O.C.G.A. § 53-11-4 Waiver, §53-11-6
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Probate of wills in solemn form, §53-5-22. Publication service.
O.C.G.A. § 53-11-5 Additional service of citation or other notice
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On the motion of any party in interest or on its own motion, the probate court may direct any additional service of citation or other notice or extend the time to respond with respect to any proceedings covered by this chapter as the judge may determine to be proper in the intere…
O.C.G.A. § 53-11-7 Officers authorized to administer oath or affirmation or affidavit
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53-11-8. Verification of petitions. 53-11-9. Issuance of citation upon filing of petition; contents; meaning; definitions; caveat or objection. 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.
O.C.G.A. § 53-11-8 Verification of petitions
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Every petition filed in the probate court shall be verified by the oath of the petitioner and shall be sworn to or affirmed before the probate court or a notary public. History. — Code 1981, § 53-11-8, enacted by Ga. L. 1996, p. 504, § 10. COMMENT This section requires the verificat…
O.C.G.A. § 53-11-9 RAPE
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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…
O.C.G.A. § 53-12-1 Short title; effect on existing trusts
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(a) This chapter shall be known and may be cited as ‘‘The Revised Georgia Trust Code of 2010.’’ (b) Except to the extent it would impair vested rights and except as otherwise provided by law, the provisions contained in this chapter shall apply to any trust regardless of the date…
O.C.G.A. § 53-12-100 Short title
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This part shall be known and may be cited as the ‘‘Georgia Testamentary Additions to Trusts Act.’’ History. — Code 1981, § 53-12-100, enacted by Ga. L. 2010, p. 579, § 1/SB 131.
O.C.G.A. § 53-12-101 Making of testamentary additions to trusts
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(a) A devise or bequest, the validity of which is determinable by the law of this state, may be made by a will to the trustee of a trust established or to be established by the testator or by the testator and some other person or by some other person, including a funded or 799 53…
O.C.G.A. § 53-12-102 Limitations of duties and responsibilities of trustee
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The trustee of a trust established by the testator or others as provided in Code Section 53-12-101 shall not be required to inquire into 800 53-12-120 or audit the actions of the executor of the testator’s estate or to make any claim against the executor unless specifically direct…
O.C.G.A. § 53-12-103 Witnesses
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Beneficiaries, §53-4-23. Competency, §53-4-22. Execution and attestation, §53-4-20. Self-proved wills, §53-4-24. 1086 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…
O.C.G.A. § 53-12-120 Short title, §53-12-100
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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…
O.C.G.A. § 53-12-130 Resulting trusts
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A resulting trust is a trust implied for the benefit of the settlor or the settlor’s successors in interest when it is determined that the settlor did not intend that the holder of the legal title to the trust property also should have the beneficial interest in the property under …
O.C.G.A. § 53-12-131 Purchase money resulting trusts
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(a) A purchase money resulting trust is a resulting trust implied for the benefit of the person paying consideration for the transfer to another person of legal title to real or personal property. (b) Except as provided in subsection (c) of this Code section, the payment of consid…
O.C.G.A. § 53-12-132 Constructive trusts
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(a) A constructive trust is a trust implied whenever the circumstances are such that the person holding legal title to property, either from fraud or otherwise, cannot enjoy the beneficial interest in the property without violating some established principle of equity. (b) The per…
O.C.G.A. § 53-12-133 Parol evidence and implied trusts
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In all cases in which a trust is sought to be implied, the court may hear parol evidence of the nature of the transaction, the circumstances, and the conduct of the parties, either to imply or rebut the trust. History. — Code 1981, § 53-12-133, enacted by Ga. L. 2010, p. 579, § 1…
O.C.G.A. § 53-12-150 Definitions
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As used in this article, the term: (1) ‘‘Deed’’ means and includes any written agreement, declaration of trust, or other instrument which creates a trust estate in the trustee named therein and sets forth the terms and conditions of the trust and which indicates an intention, eit…
O.C.G.A. § 53-12-151 Deeds to interests in property
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The owners of property located in this state or persons desiring to acquire beneficial ownership of such property may create by deed an estate therein and in the improvements made thereon and in the property to be acquired, for the benefit of themselves and such other persons, whet…
O.C.G.A. § 53-12-152 Deed defined, §53-12-150
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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.
O.C.G.A. § 53-12-153 Name of trust
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If the deed creating a trust estate under Code Section 53-12-151 so provides, the trustee may conduct and transact the affairs of the trust estate under a business or trade name, which name shall be set forth in the deed. The name may include the word ‘‘trust’’ but shall not incl…
O.C.G.A. § 53-12-154 Certificates of beneficial interest by trustees
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When an estate is created pursuant to Code Section 53-12-151 and from time to time thereafter, the trustee shall issue such certificates of beneficial interest as may be provided for by the deed to the persons who are beneficially interested in the estate or who become so interested…
O.C.G.A. § 53-12-155 Duties and powers of trustees; resignation or removal; successor trustees
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The trustee of a trust created under Code Section 53-12-151 shall have sole and exclusive management and control of the property, in accordance with the terms of the deed creating the estate. The exercise by the trustee of any power granted or conferred by the deed, including the…
O.C.G.A. § 53-12-156 Investments by trustees
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In addition to investments in any property, the trustee of a trust created under Code Section 53-12-151 may invest any funds of the trust estate in investments authorized by trustees under the laws of this state; provided, however, that the deed creating the estate may further 82…
O.C.G.A. § 53-12-157 Initial and annual returns
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Each trust created pursuant to this article shall make a return to the Secretary of State, upon the creation of the trust and annually thereafter, in the same manner and embracing the same information, insofar as applicable, as returns by corporations which are required to be mad…
O.C.G.A. § 53-12-158 How title vests on termination of estate
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Upon the termination of the estate created under Code Section 53-12-151, the legal title to all the property belonging to the estate which is then undisposed of shall pass to and vest in the persons who are, at that time, the beneficiaries of the estate, in shares corresponding to…
O.C.G.A. § 53-12-159 Merger of trust into a domestic corporation
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(a) Any trust created pursuant to this article may be merged into a domestic corporation for profit organized under the laws of this state and subject to Title 14 if the deed creating the trust expressly authorizes the merger. (b) With respect to the required procedure for the mer…
O.C.G.A. § 53-12-170 Definition; charitable purposes
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(a) A charitable trust is a trust in which the settlor provides that the trust property shall be used exclusively for charitable purposes. (b) Charitable purposes shall include: (1) The relief of poverty; (2) The advancement of education; (3) The advancement of ethics and religio…
O.C.G.A. § 53-12-171 Power to select purposes or beneficiaries
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The settlor of a charitable trust may retain the power to select the charitable purposes or charitable beneficiaries, or may grant the trustee or any other person the power to select charitable purposes or charitable beneficiaries or to engage in the charitable purposes, without re…
O.C.G.A. § 53-12-172 Cy pres
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53-12-173. Duration of charitable trusts. 53-12-174. Attorney general or district attorney as representative of charitable beneficiaries. PART 2 TRUSTS 53-12-190. Automatic amendment of governing instrument of private foundation trust, charitable trust, or split-interest trust. 53…
O.C.G.A. § 53-12-173 Duration of charitable trusts
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A charitable trust shall be valid even though under the trust provisions it is to continue for an indefinite or unlimited period. History. — Code 1981, § 53-12-173, enacted by Ga. L. 2010, p. 579, § 1/SB 131. 53-12-174. Attorney general or district attorney as representative of ch…
O.C.G.A. § 53-12-174 Service of process, §53-12-174
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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 foundatio…
O.C.G.A. § 53-12-175 Enforcement by settlor
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Article 10 Private Foundations PART 1 PART 2 CORPORATIONS TRUSTS AS BENEFICIARIES 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…
O.C.G.A. § 53-12-182 Defined, §53-12-2
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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, §53-12-18…
O.C.G.A. § 53-12-190 Trust foundations
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Automatic amendment of trust instrument, §§53-12-190, 53-12-191. 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. Rea…
O.C.G.A. § 53-12-195 Purposes, §53-12-170
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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 waterc…
O.C.G.A. § 53-12-2 Definitions
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As used in this chapter, the term: (1) ‘‘Ascertainable standard’’ means a standard relating to an individual’s health, education, support, or maintenance within the meaning of Section 2041(b)(1)(A) or 2514(c)(1) of the federal Internal Revenue Code of 1986. (2) ‘‘Beneficiary’’ mea…