---
title: O.C.G.A. § 53-12-302. Damages for breach of trust; interest.
collection: code
id: 53-12-302
cite_as: O.C.G.A. § 53-12-302 (2025)
canonical_url: https://georgiacommons.org/code/53-12-302
md_url: https://georgiacommons.org/code/53-12-302.md
text_url: https://georgiacommons.org/code/53-12-302/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=913
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/53-12-301.md
next: https://georgiacommons.org/code/53-12-303.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 / TRUSTEE LIABILITY
---

# O.C.G.A. § 53-12-302. Damages for breach of trust; interest.

(a) A trustee who commits a breach of trust shall be personally chargeable with any damages resulting from such breach of trust, including, but not limited to:

(1) Any loss or depreciation in value of the trust property as a result of such breach of trust, with interest;

(2) Any profit made by the trustee through such breach of trust, with interest;

(3) Any amount that would reasonably have accrued to the trust or beneficiary if there had been no breach of trust, with interest; and

(4) In the discretion of the court, expenses of litigation, including reasonable attorney’s fees incurred in bringing an action on such breach or threat to commit such breach.

(b) If the trustee is liable for interest, then the amount of the liability for interest shall be the greater of:

(1) The amount of interest that accrues at the legal rate on judgments; or

(2) The amount of interest actually received.

## History

Code 1981, § 53-12-302, enacted by Ga. L. 2010, p. 579, § 1/SB 131.