---
title: O.C.G.A. § 53-12-155. Duties and powers of trustees; resignation or removal; successor trustees.
collection: code
id: 53-12-155
cite_as: O.C.G.A. § 53-12-155 (2025)
canonical_url: https://georgiacommons.org/code/53-12-155
md_url: https://georgiacommons.org/code/53-12-155.md
text_url: https://georgiacommons.org/code/53-12-155/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t52-t53-(v40)-2021-pdf.pdf?sfvrsn=d23ba203_0#page=841
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.
up: https://georgiacommons.org/code/53-12.md
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index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES / TRUSTS / CREATION BY DEED TO ACQUIRE BENEFICIAL INTEREST
---

# O.C.G.A. § 53-12-155. Duties and powers of trustees; resignation or removal; successor trustees.

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 power to lease, encumber, and sell, when exercised in accordance with the terms thereof, shall be as valid and effective to all intents and purposes as if the trustee was the sole and exclusive owner of the property in his or her own right. The trustee may resign or be removed and his or her successor may be appointed in the manner of and in accordance with the terms fixed by the deed creating the estate. The same rights, powers, and title over and to the property shall belong to and be vested in the new trustee as are conferred upon the original trustee by the deed creating the estate. The death of a trustee shall not operate to cast title upon his or her heirs, devisees, executors, or administrators, but the same shall vest in his or her successor, when appointed.

## History

Code 1981, § 53-12-155, enacted by Ga. L. 2010, p. 579, § 1/SB 131.