2019 Georgia Code
Title 53 - Wills, Trusts, and Administration of Estates
Chapter 12 - Trusts
Article 11 - Trustees
Part 1 - Appointment and Acceptance
§ 53-12-201. Appointment and vacancies

Universal Citation: GA Code § 53-12-201 (2019)
  • (a) A settlor may appoint trustees or grant that power to others, including trust beneficiaries.

  • (b) A trust shall never fail for want of a trustee.

  • (c) If the trust instrument names a person to fill a vacancy or provides a method of appointing a trustee, any vacancy shall be filled or appointment made as provided in the trust instrument.

  • (d) The qualified beneficiaries may appoint a trustee by unanimous consent.

  • (e) In all other cases, the court, on petition of an interested person, may appoint any number of trustees consistent with the intention of the settlor and the interests of the beneficiaries.

  • (f) The petition provided for in subsection (e) of this Code section shall be served upon all qualified beneficiaries.

  • (g) A trustee appointed as a successor trustee shall have all the authority of the original trustee.


Code 1981, § 53-12-201, enacted by Ga. L. 2010, p. 579, § 1/SB 131; Ga. L. 2011, p. 551, § 10/SB 134; Ga. L. 2018, p. 262, § 14/HB 121.

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