Skip to content
Georgia Commons
Menu

Official Code of Georgia Annotated

Title 53. WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES · Chapter 12. TRUSTS · Article 3. REVOCABLE TRUSTS

53-12-45. Limitation on action contesting validity of revocable trust.

Active

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

  1. (a)

    Any judicial proceeding to contest the validity of a trust that was revocable immediately before the settlor’s death shall be commenced within two years of the settlor’s death.#

  2. (b)

    Upon the death of the settlor of a trust that was revocable immediately before the settlor’s death, the trustee may proceed to distribute the trust property in accordance with the trust provisions. The trustee shall not be subject to liability for doing so unless:#

    1. (1)

      The trustee knows of a pending judicial proceeding contesting the validity of the trust; or#

    2. (2)

      A potential contestant has notified the trustee in writing of a possible judicial proceeding to contest the trust and a judicial proceeding is commenced within 60 days after the contestant sent such notification.#

  3. (c)

    A beneficiary of a trust that is determined to have been invalid shall be liable to return any distribution received.#

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, § 53-12-45, enacted by Ga. L. 2010, p. 579, § 1/SB 131; Ga. L. 2011, p. 752, § 53/HB 142.

Law reviews

For annual survey of law on wills, trusts, guardianships, and fiduciary administration, see 62 Mercer L. Rev. 365 (2010).

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)-2021-pdf.pdf, Volume V40, 2021 edition, page 796; merge action: carried; file SHA-256 062775612dfc.