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Official Code of Georgia Annotated

Title 53. WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES · Chapter 12. TRUSTS · Article 14. TRUSTEE LIABILITY

53-12-307. Limitation of actions.

Active

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

  1. (a)

    Unless a claim is previously barred by adjudication, consent, limitation, or otherwise, if a beneficiary was sent a written report that adequately disclosed the existence of a claim against the trustee for a breach of trust, the claim shall be barred as to that beneficiary unless a proceeding to assert the claim is commenced within two years after the date the beneficiary was sent such report. A report adequately discloses existence of a claim if it provides sufficient information so that the beneficiary knows of such claim or reasonably should have inquired into the existence of such claim. If the beneficiary was not sent a report that adequately disclosed the existence of a claim against the trustee for a breach of trust, such claim shall be barred as to that beneficiary unless a proceeding to assert such claim is commenced within six years after the beneficiary discovered, or reasonably should have discovered, the subject of such claim.#

  2. (b)

    A successor trustee’s claim against a predecessor trustee shall be barred unless a proceeding to assert such claim is commenced within two years after such successor trustee takes office.#

  3. (c)

    A trustee’s claim against a cotrustee shall be barred unless a proceeding to assert such claim is commenced within two years after the date the cause of action against the cotrustee arises.#

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, § 53-12-307, enacted by Ga. L. 2010, p. 579, § 1/SB 131; Ga. L. 2025, p. 806, § 88/HB 327, effective July 1, 2025.

Amendments

The 2025 amendment, effective July 1, 2025, in (a), in the first sentence, substituted “was sent” for “has received”, “disclosed” for “discloses”, and “the date the beneficiary was sent such report” for “receipt of the report”, and, in the last sentence, substituted “was not sent a report that adequately disclosed” for “has not received a report which adequately discloses”.

Law reviews

For annual survey on wills, trusts, guardianships, and fiduciary administration, see 74 Mercer L. Rev. 277 (2022).

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 123 to 124; merge action: replaced; file SHA-256 d9d2be0e71ce.