State Laws /
Georgia /
Title 53 - Wills, Trusts, and Administration of Estates
Title 53 - Wills, Trusts, and Administration of Estates
330 sections · Georgia
- § 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
- § 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
- § 53-1-20 — Renouncing Property; Procedures; Relation Back; Abridgement; Fiduciary Duties
- § 53-2-1 — Rules of Inheritance When Decedent Dies Without Will; Effect of Abandonment of Child
- § 53-2-2 — Effect of Decree of Adoption
- § 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
- § 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
- § 53-2-27 — Dna Testing for Kinship; Procedure; Costs
- § 53-2-26 — Effect of Findings of Court
- § 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
- § 53-2-40 — Petition
- § 53-2-41 — Issuance of Citation and Order; Objections
- § 53-2-42 — Right of Action by Creditor
- § 53-2-50 — Definition
- § 53-2-51 — Procedure
- § 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 — 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
- § 53-3-15 — Conveyance, Contract, or Lien Made by Surviving Spouse or Guardian
- § 53-3-14 — Real Property Subject to Option to Purchase or Contract to Sell
- § 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
- § 53-4-1 — Power of Testator
- § 53-4-2 — When Will Takes Effect
- § 53-4-3 — Determination Whether Instrument is Will
- § 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
- § 53-4-20 — Required Writing; Signing; Witnesses; Codicil
- § 53-4-21 — Knowledge of Contents of Will by Testator
- § 53-4-23 — Testamentary Gift to Witness or Witness's Spouse
- § 53-4-22 — Competency of Witness
- § 53-4-24 — Self-Proved Will or Codicil
- § 53-4-30 — Contract Concerning Succession
- § 53-4-31 — Definitions
- § 53-4-32 — Effect of Execution
- § 53-4-33 — Revocation
- § 53-4-41 — Intent
- § 53-4-40 — Power of Testator
- § 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
- § 53-4-46 — Presumption of Intent
- § 53-4-45 — Revival or Republication of Previous Will
- § 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 Childre
- § 53-4-49 — Effect of Testator's Divorce, Annulment, or Remarriage to Former Spouse
- § 53-4-50 — Republication of Revoked Will
- § 53-4-55 — Construction of Wills; Intention of Testator
- § 53-4-56 — Construction of Wills; Parole Evidence
- § 53-4-58 — Failure to Provide for Living Child Believed Dead
- § 53-4-57 — Partial Illegality of Will
- § 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
- § 53-4-64 — Death of Beneficiary Before Will Executed or Before Death of Testator
- § 53-4-65 — Disposition of Lapsed or Void Testamentary Gift of Residuum
- § 53-4-63 — Payment of Debts of Testator
- § 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
- § 53-5-1 — Jurisdiction and Domicile
- § 53-4-75 — Construction of Wills and Trust Instruments Referring to Federal Estate and Generation-Skipping Tran
- § 53-5-2 — Right to Offer Will for Probate
- § 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
- § 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
- § 53-5-20 — Conclusiveness
- § 53-5-21 — Procedure
- § 53-5-22 — Notice
- § 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
- § 53-5-50 — Original Jurisdiction
- § 53-5-51 — Contents of Petition; Service of Notice; Issuance of Relief
- § 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 § 53-5-67; Prote
- § 53-5-69 — Effect of Beneficiary Form
- § 53-5-70 — Terms and Conditions of Beneficiary Form; Illustrations
- § 53-5-71 — Applicability of Article
- § 53-6-1 — Eligibility
- § 53-6-2 — Executor De Son Tort
- § 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
- § 53-6-20 — Selection or Appointment of Administrator
- § 53-6-21 — Petition to Court; Contents
- § 53-6-22 — Notice
- § 53-6-23 — Issuance
- § 53-6-30 — Power of Court; Appointment of Administrator; Appeal
- § 53-6-24 — Oath or Affirmation of Administrator
- § 53-6-31 — Power of Administrator
- § 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 Con
- § 53-6-41 — Bond
- § 53-6-43 — Proceedings to Require Additional Security
- § 53-6-42 — Power of Court to Revoke Letters of Administration, Require Additional Security, or Pass Other Order
- § 53-6-44 — Settlement of Estate Without Administration
- § 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
- § 53-6-60 — Amount
- § 53-6-61 — Expenses
- § 53-6-63 — Compensation From Business Enterprise
- § 53-6-62 — Extra Compensation
- § 53-6-64 — Compensation to Temporary Administrator
- § 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 Pend
- § 53-7-5 — Powers, Duties, and Liabilities If More Than One Personal Representative; Safe Deposit Boxes or Rece
- § 53-7-6 — Power to Borrow Money, Make and Fulfill Contracts, Provide Legal Counsel, Continue Decedent's Busine
- § 53-7-7 — Disposition of Income Received During Administration
- § 53-7-8 — Support and Education of Minor Heirs and Beneficiaries Without Guardians
- § 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
- § 53-7-30 — Filing and Contents
- § 53-7-32 — Waiver of Right to Receive; Relieving Personal Representative of Duty to Make
- § 53-7-31 — Making of Inventory Jointly by All Personal Representatives; Proof of Joint Possession of Assets
- § 53-7-33 — Power of Testator to Dispense With Making Inventory
- § 53-7-34 — Failure to Return a Correct Inventory
- § 53-7-40 — Liability of Estate; Priority of Claims
- § 53-7-42 — Time for Payment of Debts; Time for Commencing Action to Recover Debt
- § 53-7-41 — Notice for Creditors to Render Accounts; Failure of Creditors to Give Notice of Claims
- § 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
- § 53-7-51 — Discharge When Funds Unclaimed
- § 53-7-52 — Discharge of Temporary Administrator
- § 53-7-50 — Petition by Personal Representative for Discharge; Citation and Publication; Hearing; Subsequently D
- § 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
- § 53-8-1 — Authorized Investments; Standard of Care; Deviation From Will or Other Disposition; Investments by P
- § 53-7-56 — Resignation
- § 53-8-2 — Real Property
- § 53-8-3 — Securities, Obligations, and Interest-Bearing Deposits
- § 53-8-4 — Government Obligations; Standard of Prudence; Corporate Fiduciaries
- § 53-8-10 — Authority of Personal Representative; Petition by Temporary Administrator
- § 53-8-5 — Retention of Property by Personal Representative; Corporate Fiduciaries
- § 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
- § 53-8-15 — Passage of Title to Heirs or Beneficiaries; Assent of Personal Representative
- § 53-8-14 — Warranty; Personal Liability of Personal Representative
- § 53-9-1 — Presumption or Proof of Death; Presumption that Missing Person Predeceased Other Deceased Individual
- § 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
- § 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
- § 53-9-20 — Presumption or Proof of Death
- § 53-9-21 — Appointment of Conservator
- § 53-10-1 — Short Title
- § 53-10-3 — Disposition of Property Upon Simultaneous Death of Beneficiary and Another Individual Where Interest
- § 53-10-2 — Disposition of Property Upon Simultaneous Deaths Where Devolution Depends on Priority of Death
- § 53-10-4 — Disposition of Property Upon Simultaneous Death of Joint Owners
- § 53-10-5 — Applicability of Chapter
- § 53-10-6 — Uniformity of Law
- § 53-11-1 — Applicability Of, and Compliance With, Provisions
- § 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
- § 53-12-1 — Short Title; Effect on Existing Trusts
- § 53-12-3 — Survival of Common Law and Equity
- § 53-12-2 — Definitions
- § 53-12-4 — Law Governing the Validity of the Trust
- § 53-12-5 — Law Governing the Meaning and Effect of Trust Provisions
- § 53-12-7 — When Trust and Chapter Conflict
- § 53-12-6 — Jurisdiction
- § 53-12-8 — Parent Permitted to Consent on Behalf of Minor or Unborn Child Beneficiary If No Conflict of Interes
- § 53-12-20 — Express Trusts
- § 53-12-21 — Formal and Precatory Words
- § 53-12-23 — Capacity of Settlor
- § 53-12-22 — Trust Purposes and Conditions in Terrorem
- § 53-12-24 — Non-Merger
- § 53-12-25 — Transfer of Property to Trust
- § 53-12-26 — Additions to Trust Property
- § 53-12-28 — Trusts for Animals
- § 53-12-27 — Construction; Parol Evidence
- § 53-12-40 — Revocation and Modification Generally
- § 53-12-42 — Notice to Trustee
- § 53-12-41 — Trustee's Consent Necessary to Enlarge Duties
- § 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
- § 53-12-61 — Power to Direct Modification
- § 53-12-60 — Reformation to Correct Mistakes
- § 53-12-62 — Modification of Trust by Court
- § 53-12-64 — Termination of Trusts
- § 53-12-63 — Division and Consolidation of Trusts
- § 53-12-65 — Modification or Termination of Uneconomic Trust
- § 53-12-80 — Spendthrift Provisions
- § 53-12-81 — Limitations on Creditors' Rights to Discretionary Distributions
- § 53-12-83 — Creditors' Claims Against Property that is Subject to Withdrawal Right
- § 53-12-82 — Creditors' Claims Against Settlor
- § 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
- § 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
- § 53-12-170 — Definition; Charitable Purposes
- § 53-12-159 — Merger of Trust Into a Domestic Corporation
- § 53-12-171 — Power to Select Purposes or Beneficiaries
- § 53-12-173 — Duration of Charitable Trusts
- § 53-12-172 — Cy Pres
- § 53-12-175 — Enforcement by Settlor
- § 53-12-174 — Attorney General or District Attorney As Representative of Charitable Beneficiaries
- § 53-12-230 — Interim Accounting
- § 53-12-232 — Equitable Accounting
- § 53-12-231 — Final Accounting
- § 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
- § 53-12-320 — Nonresidents Acting As Trustees
- § 53-12-321 — Foreign Entities Acting As Trustees
- § 53-12-322 — Acting As Fiduciary Not Transacting Business in State; Establishment of Place of Business Prohibited
- § 53-12-323 — Filing Statement With Secretary of State; Appointment of Agent for Service
- § 53-13-1 — Through 53-13-126
- § 53-14-1 — Through 53-14-5
- § 53-15-1 — Through 53-15-4
- § 53-16-1 — Through 53-16-5
- § 53-17-1 — Through 53-17-11