---
title: O.C.G.A. § 53-12-9. Binding nonjudicial settlement agreement.
collection: code
id: 53-12-9
cite_as: O.C.G.A. § 53-12-9 (2025)
canonical_url: https://georgiacommons.org/code/53-12-9
md_url: https://georgiacommons.org/code/53-12-9.md
text_url: https://georgiacommons.org/code/53-12-9/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t52-t53-(v40)-pdf.pdf?sfvrsn=5e4f6f40_0#page=87
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.
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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 / GENERAL PROVISIONS
---

# O.C.G.A. § 53-12-9. Binding nonjudicial settlement agreement.

(a) Except as provided in subsection (b) of this Code section, the trustee, any trust director, and all other persons whose interests would be affected may enter into a binding nonjudicial settlement agreement with respect to any matter involving the trust.

(b) A nonjudicial settlement agreement:

(1) Shall be valid only to the extent it does not violate a material purpose of the trust and includes terms and conditions that could be properly approved by the court under this chapter or other applicable law; and

(2) During the settlor’s lifetime, shall not be valid with respect to any modification or termination of an irrevocable trust when such modification or termination could be properly approved by the court only in a proceeding under subsection (b) of Code Section 53-12-61.

(c) The trustee, trust director, and any person whose interests would be affected by a nonjudicial settlement agreement may request that the court approve such agreement, determine whether the representation as provided in Code Section 53-12-8 was adequate, determine whether such agreement violates a material purpose of the trust, determine whether such agreement contains terms and conditions the court could have properly approved, or make any other similar determination.

(d) A nonjudicial settlement agreement entered into in accordance with this Code section shall be final and binding on all parties to such agreement, including parties who are represented by a person who may represent and bind such parties under Code Section 53-12-8, as if ordered by a court with competent jurisdiction over the trust, the trust property, and the parties.

(e) Entering into or petitioning a court regarding a nonjudicial settlement agreement under this Code section shall not constitute a violation of a condition in terrorem under Code Section 53-12-29.

## History

Code 1981, § 53-12-9, enacted by Ga. L. 2018, p. 262, § 5/HB 121; Ga. L. 2020, p. 377, § 1-73/HB 865; Ga. L. 2020, p. 493, § 53/SB 429; Ga. L. 2025, p. 806, § 67/HB 327, effective July 1, 2025.

## Law Reviews

For article with annual survey on wills, trusts, guardianships, and fiduciary administration, see 73 Mercer L. Rev. 281 (2021).

For article, “Irrevocable Trust Modification: Clarifying Georgia Law,” see 28 Ga. St. B.J. 18 (October 2022).

## Amendments

The 2025 amendment, effective July 1, 2025, substituted “chapter” for “Code section” in paragraph (b)(1); in paragraph (b)(2), substituted “During the settlor’s lifetime,” for “Shall” and substituted “such modification or termination could be properly approved by the court only in a proceeding” for “the settlor’s consent would be required in a proceeding to approve such modification or termination”; substituted “parties” for “individuals not sui juris, unborn beneficiaries, and persons unknown” in subsection (d); and substituted “Code Section 53-12-29” for “Code Section 53-12-22” in subsection (e).