Título 53. WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES · Capítulo 12. TRUSTS · Artículo 11. TRUSTEES · Parte 2. TRUSTEE COMPENSATION
53-12-210. Compensation of trustee.
Actualizado hasta: Including Acts of the 2025 Regular Session of the General Assembly.
El texto siguiente es la ley tal como la imprime el estado, en inglés.
- (a)
Trustees shall be compensated in accordance with either the trust instrument or any separate written agreement between the trustee and the settlor. After the settlor’s death or incapacity or while the trust is irrevocable, the trust instrument or the agreement relating to such trustee’s compensation may be modified as follows:#
- (b)
If there is no provision for trustee compensation in the trust instrument and there is no separate written agreement between the trustee and the settlor relating to such trustee’s compensation, a separate written agreement relating to such trustee’s compensation may be entered into between such trustee and the qualified beneficiaries as follows:#
- (1)
The trustee and all qualified beneficiaries may by unanimous consent enter into an agreement relating to such trustee’s compensation without receiving the approval of any court; or#
- (2)
Any qualified beneficiary may petition the court to approve an agreement relating to such trustee’s compensation. Such petition shall be served upon all qualified beneficiaries.#
- (c)
In cases other than those described in subsections (a) and (b) of this Code section, the trustee shall be entitled to compensation as follows:#
- (1)
With respect to a corporate trustee, its published fee schedule, provided that such fees are reasonable under the circumstances; and#
- (2)
With respect to an individual trustee:#
- (A)
One percent of cash and the fair market value of any other principal asset received upon the initial funding of the trust and at such time as additional principal assets are received; and#
- (B)
An annual fee calculated in accordance with the following schedule based upon the cash and the market value of the other principal assets valued as of the last day of the trust accounting year prorated based on the length of service by such trustee during that year:#
If the cash and market value of the
other principal assets are: Annual fee:
$500,000.00 or less ..... 1.75 percent of the cash and market value of the other principal assets.
More than $500,000.00
but not more than
$1 million ............ $8,750.00 plus 1.25 percent of the excess over $500,000.00.
More than $1 million
but not more than
$2 million ............ $15,000.00 plus 1.00 percent of the excess over $1 million.
More than $2 million
but not more than
$5 million ............ $25,000.00 plus 0.85 percent of the excess over $2 million.
More than $5 million ... $50,500.00 plus 0.50 percent of the excess over $5 million.
History
Code 1981, § 53-12-210, enacted by Ga. L. 2010, p. 579, § 1/SB 131; Ga. L. 2011, p. 752, § 53/HB 142; Ga. L. 2018, p. 262, § 15/HB 121; Ga. L. 2020, p. 377, § 1-81/HB 865. The 2020 amendment, effective January 1, 2021, substituted ‘‘The trustee and all’’ for ‘‘All’’ at the beginning of paragraphs (a)(1) and (b)(1); substituted ‘‘or’’ for ‘‘and’’ at the end of paragraph (a)(1); inserted ‘‘that’’ in paragraph (c)(1); and substituted ‘‘not more’’ for ‘‘less’’ three times in the table in subparagraph (c)(2)(B).
Law reviews
For article on the problems and benefits of multiple fiduciaries in estate planning, see 33 Mercer L. Rev. 355 (1981). For annual survey of law on wills, trusts, guardianships, and fiduciary administration, see 62 Mercer L. Rev. 365 (2010). For article on the 2018 amendment of this Code section, see 35 Ga. St. U. L. Rev. 219 (2018).
Leer la página oficial (el PDF del estado, abierto en la página de la que se leyó este texto).
Actualizado hasta: Including Acts of the 2025 Regular Session of the General Assembly.
Texto leído de t52-t53-(v40)-2021-pdf.pdf, Volumen V40, edición 2021, páginas 869 a 871; acción de fusión: annotated; SHA-256 del archivo 062775612dfc.