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Official Code of Georgia Annotated

Title 53. WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES · Chapter 12. TRUSTS · Article 15. NONRESIDENTS AND FOREIGN ENTITIES ACTING AS TRUSTEES

53-12-320. Nonresidents acting as trustees.

Active

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

  1. (a)

    Any nonresident who is eligible to serve as a trustee under Code Section 7-1-242, Part 1 of Article 11 of this chapter, or other applicable law may act as a trustee in this state pursuant to the terms of this Code section.#

  2. (b)

    Any nonresident trustee who acts as a trustee in this state shall be deemed to have consented to service upon the Secretary of State of any summons, notice, or process in connection with any action or proceeding in the courts of this state growing out of or based upon any act or failure to act on the part of the trustee unless the trustee shall designate as the agent for such service some person who may be found and served with notice, summons, or process in this state by a designation to be filed, from time to time, in the office of the Secretary of State, giving the name of the agent and the place in this state where the agent may be found and served.#

  3. (c)

    If a nonresident trustee fails to designate a person who may be found and served with summons, notice, or process in this state, service of summons, notice, or process shall be made upon such trustee by serving a copy of the petition or other pleading, with process attached thereto, on the Secretary of State. The service shall be sufficient service upon such nonresident trustee, provided that notice of the service and a copy of the petition and process is forthwith sent by registered or certified mail or statutory overnight delivery by the plaintiff or the plaintiff’s agent to such trustee, in the state where such trustee resides, and the return receipt is appended to the summons or other process and filed with the summons, petition, and other papers in the court where the action is pending. The Secretary of State shall charge and collect a fee as set out in Code Section 45-13-26 for service of process on him or her under this Code section.#

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, § 53-12-320, enacted by Ga. L. 2010, p. 579, § 1/SB 131; Ga. L. 2011, p. 752, § 53/HB 142; Ga. L. 2025, p. 806, § 89/HB 327, effective July 1, 2025.

Amendments

The 2025 amendment, effective July 1, 2025, substituted “Code Section 7-1-242, Part 1 of Article 11 of this chapter, or other applicable law” for “Code Section 53-12-201” in subsection (a).

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 124 to 125; merge action: replaced; file SHA-256 d9d2be0e71ce.