Official Code of Georgia Annotated

Title 53. WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES · Chapter 12. TRUSTS · Article 11. TRUSTEES · Part 3. RESIGNATION AND REMOVAL

53-12-221. Removal of trustee.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

(a)
A trustee may be removed:#
1. (1)
  In accordance with the provisions of the trust instrument; or#
2. (2)
  Upon petition to the court by any interested person or by the court on its own motion.#
(b)
The court may remove a trustee if:#
1. (1)
  The trustee has committed a serious breach of trust;#
2. (2)
  Lack of cooperation among cotrustees substantially impairs the administration of the trust;#
3. (3)
  The court finds that removal of the trustee best serves the interests of the beneficiaries because of unfitness (including, but not limited to, a lack of capacity to make or communicate significant responsible decisions concerning the management of trust property) or unwillingness or persistent failure to administer the trust effectively;#
4. (4)
  There has been a substantial change of circumstances, the court finds that removal of the trustee best serves the interests of the beneficiaries and is not inconsistent with a material purpose of the trust, and a suitable cotrustee or successor trustee is available; or#
5. (5)
  Removal is requested by all of the qualified beneficiaries, the court finds that removal of the trustee best serves the interests of the beneficiaries and is not inconsistent with a material purpose of the trust, and a suitable cotrustee or successor trustee is available.#
(c)
In the discretion of the court, in order to protect the trust property or the interests of any beneficiary, on its own motion or on motion of a cotrustee or other interested person, the court may compel the trustee whose removal is being sought to surrender trust property to a cotrustee, a receiver, or temporary trustee pending a decision on a petition for removal of a trustee or pending appellate review of such decision. To the extent the court deems necessary, the powers of the trustee also may be suspended.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 53-12-221, enacted by Ga. L. 2010, p. 579, § 1/SB 131; Ga. L. 2025, p. 806, § 80/HB 327, effective July 1, 2025.

Amendments

The 2025 amendment, effective July 1, 2025, rewrote this Code section.

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t52-t53-(v40)-pdf.pdf, Volume V40, 2021 edition, 2025 supplement, pages 108 to 109; merge action: replaced; file SHA-256 d9d2be0e71ce.

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