2018 Georgia Code
Title 9 - Civil Practice
Chapter 4 - Declaratory Judgments
§ 9-4-4. Declaratory judgments involving fiduciaries

Universal Citation: GA Code § 9-4-4 (2018)
  • (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.

  • (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.

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