2021 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

1. A settlor may appoint trustees or grant that power to others, including trust beneficiaries.
2. A trust shall never fail for want of a trustee.
3. 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.
4. The qualified beneficiaries may appoint a trustee by unanimous consent.
5. 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.
6. The petition provided for in subsection (e) of this Code section shall be served upon all qualified beneficiaries.
7. 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.)

- For article on the 2018 amendment of this Code section, see 35 Ga. St. U. L. Rev. 219 (2018).

ANALYSIS

• General Consideration
• Appointment Generally
• Authority and Liability of Newly Appointed Trustee

RESEARCH REFERENCES

Am. Jur. 2d.

- 76 Am. Jur. 2d, Trusts, §§ 214, 217, 224, 308.

24 Am. Jur. Pleading and Practice Forms, Trusts, § 84 et seq.

- 90 C.J.S., Trusts, §§ 215, 216, 219.

- Right of surviving or remaining trustee or trustees to act without substitution of another trustee in place of one who has died or resigned or been removed, where the will or other trust instrument provides for substitution or replacement, 142 A.L.R. 1099.

Appointment and qualification of one of several trustees named in will as affecting power or duty of court to appoint a co-trustee, 151 A.L.R. 1308.

Court's power to appoint trustee to preserve, manage, and control personal property of nontrust life estate or other particular estate notwithstanding terms of will, 46 A.L.R.2d 502.

Hostility between trustee and beneficiary as ground for removal, 63 A.L.R.2d 523.

Court's power to appoint additional trustees over number specified in trust instrument, 59 A.L.R.3d 1129.

Propriety of sale of trust assets without consent despite trust provision requiring consent, 39 A.L.R.4th 158.

Liability of trustee for payments or conveyances under a trust subsequently held to be invalid, 77 A.L.R.4th 1177.