Official Code of Georgia Annotated

Title 53. WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES · Chapter 12. TRUSTS · Article 1. GENERAL PROVISIONS

53-12-6. Jurisdiction.

Active

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

(a)
Trusts are peculiarly subjects of equity jurisdiction. Suits by or against a trustee that sound at law may be filed in a court of law.#
(b)
Actions concerning the construction or administration of a trust or for a court to take any actions authorized by the provisions of this chapter shall be maintained in superior court, except as otherwise provided in Code Section 15-9-127.#
(c)
Any action by or against the trustee or to which the trustee is a party may be maintained in any court having jurisdiction over the parties and the subject matter, except as otherwise provided in subsection (b) of this Code section or in Code Section 15-9-127.#

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, § 53-12-6, enacted by Ga. L. 2010, p. 579, § 1/SB 131; Ga. L. 2020, p. 377, § 1-70/HB 865. The 2020 amendment, effective January 1, 2021, substituted ‘‘that sound’’ for ‘‘which sound’’ in subsection (a); in subsection (b), substituted ‘‘construction or administration of a trust or for a court to take any actions authorized by the provisions of this chapter’’ for ‘‘construction, administration, or internal affairs of a trust’’ and inserted a comma after ‘‘superior court’’; and, in subsection (c), inserted a comma after ‘‘subject matter’’, inserted ‘‘otherwise’’, and added ‘‘or in Code Section 15-9-127’’ at the end.

Law reviews

For note, ‘‘Trusts: Creditors’ Claims Against Beneficiaries of Spendthrift and Support Trusts,’’ see 3 Ga. St. B.J. 356 (1967).

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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 768; merge action: carried; file SHA-256 062775612dfc.

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