---
title: O.C.G.A. § 44-5-116. Irrevocable transfer by personal representative, trustee, or guardian to custodian.
collection: code
id: 44-5-116
cite_as: O.C.G.A. § 44-5-116 (2025)
canonical_url: https://georgiacommons.org/code/44-5-116
md_url: https://georgiacommons.org/code/44-5-116.md
text_url: https://georgiacommons.org/code/44-5-116/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t44-ch1-7-(v31)-2010-pdf.pdf?sfvrsn=35dd922f_0#page=484
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: PROPERTY / ACQUISITION AND LOSS OF PROPERTY / THE GEORGIA TRANSFERS TO MINORS ACT
---

# O.C.G.A. § 44-5-116. Irrevocable transfer by personal representative, trustee, or guardian to custodian.

(a) Subject to subsection (c) of this Code section, a personal representative or trustee may make an irrevocable transfer to an adult or trust company as custodian (which custodian may be the personal representative or the trustee) for the benefit of a minor pursuant to Code Section 44-5-119, in the absence of a will or under a will or trust that does not contain an authorization to do so.

(b) Subject to subsection (c) of this Code section, a guardian may make an irrevocable transfer to an adult or trust company as custodian (which custodian may be the guardian) for the benefit of the minor pursuant to Code Section 44-5-119.

(c) A transfer under subsection (a) or (b) of this Code section may be made only if:

(1) The personal representative, trustee, or guardian considers the transfer to be in the best interest of the minor;

(2) The transfer is not prohibited by or inconsistent with provisions of the applicable will, trust agreement, or other governing instrument; and

(3) The transfer is authorized by the court as in the best interest of the minor if such transfer, combined with all prior transfers to the minor under this Code section, in the aggregate exceeds $10,000.00 in value.

## History

Code 1981, § 44-5-116, enacted by Ga. L. 1990, p. 667, § 1.