---
title: O.C.G.A. § 53-12-25. Transfer of property in trust.
collection: code
id: 53-12-25
cite_as: O.C.G.A. § 53-12-25 (2025)
canonical_url: https://georgiacommons.org/code/53-12-25
md_url: https://georgiacommons.org/code/53-12-25.md
text_url: https://georgiacommons.org/code/53-12-25/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=792
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
previous: https://georgiacommons.org/code/53-12-24.md
next: https://georgiacommons.org/code/53-12-26.md
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 AND VALIDITY OF EXPRESS TRUSTS
---

# O.C.G.A. § 53-12-25. Transfer of property in trust.

(a) Transfer of property in trust shall require a transfer of legal title to the trustee. In any transfer of property or any interest in property, if a trust is named as a grantee, whether such trust is held under the laws of this state or of any other jurisdiction, then such transfer is deemed to have been made to the trustee of such trust as though the trustee of such trust had been named as grantee instead of the trust.

(b) For any interest in real property to become trust property in a trust of which any transferor is a trustee, the instrument of conveyance shall additionally be recorded in the appropriate real property records.

## History

Code 1981, § 53-12-25, enacted by Ga. L. 2010, p. 579, § 1/SB 131; Ga. L. 2018, p. 262, § 6/HB 121.

## Law Reviews

For annual survey on wills, trusts, guardianships, and fiduciary administration, see 65 Mercer L. Rev. 295 (2013). For article on the 2018 amendment of this Code section, see 35 Ga. St. U. L. Rev. 219 (2018).