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Official Code of Georgia Annotated

Title 9. CIVIL PRACTICE · Chapter 4. DECLARATORY JUDGMENTS

9-4-4. Declaratory judgments involving fiduciaries.

Active

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

  1. (a)

    Without limiting the generality of Code Sections 9-4-2, 9-4-3, 9-4-5 through 9-4-7, and 9-4-9, any person interested as or through an executor, administrator, personal representative, trustee, guardian, conservator, or other fiduciary, creditor, devisee, distributee, legatee, heir, next of kin, or beneficiary in the administration of a trust or of the estate of a decedent, a minor, a ward, an incapacitated person, a protected person, a person who is otherwise legally incompetent because of mental illness or intellectual disability, or an insolvent may have a declaration of rights or legal relations in respect thereto and a declaratory judgment:#

    1. (1)

      To ascertain any class of creditors, devisees, legatees, heirs, next of kin, beneficiaries, or others;#

    2. (2)

      To direct the executor, administrator, trustee, or other fiduciary to do or abstain from doing any particular act in his or her fiduciary capacity;#

    3. (3)

      To determine title to property in which the trust or estate has or is purported to have an ownership or other interest; or#

    4. (4)

      To determine any question arising in the administration of the estate or trust, including questions of construction of wills, trust instruments, and other writings.#

  2. (b)

    The enumeration in subsection (a) of this Code section does not limit or restrict the exercise of general powers conferred in Code Section 9-4-2 in any proceeding covered thereby where declaratory relief is sought in which a judgment or decree will terminate the controversy or remove the uncertainty.#

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

Ga. L. 1945, p. 137, §§ 7, 8; Ga. L. 2015, p. 385, § 4-15/HB 252; Ga. L. 2020, p. 377, § 2-4/HB 865. The 2020 amendment, effective January 1, 2021, rewrote subsection (a), which read: “(a) Without limiting the generality of Code Sections 9-4-2, 9-4-3, 9-4-5 through 9-4-7, and 9-4-9, any person interested as or through an executor, administrator, trustee, guardian, or other fiduciary, creditor, devisee, legatee, heir, ward, next of kin, or beneficiary in the administration of a trust or of the estate of a decedent, a minor, a person who is legally incompetent because of mental illness or intellectual disability, or an insolvent may have a declaration of rights or legal relations in respect thereto and a declaratory judgment: “(1) To ascertain any class of creditors, devisees, legatees, heirs, next of kin, or others; “(2) To direct the executor, administrator, or trustee to do or abstain from doing any particular act in his fiduciary capacity; or “(3) To determine any question arising in the administration of the estate or trust, including questions of construction of wills and other writings.”

Editor's notes

Ga. L. 2015, p. 385, § 1-1/HB 252, not codified by the General Assembly, provides that: “This Act shall be known and may be cited as the ‘J. Calvin Hill, Jr., Act.’”

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 t9-ch1-10-(v6)-2023-pdf.pdf, Volume V6, 2023 edition, pages 443 to 444; merge action: carried; file SHA-256 ea8a520ad52f.