Georgia § 53-7-54 - Breach of fiduciary duty.
Full text of Georgia Official Code of Georgia Annotated § 53-7-54 — Breach of fiduciary duty., with citation guidance and answers to common questions.
§ 53-7-54. Breach of fiduciary duty.
If a personal representative or temporary administrator commits a breach of fiduciary duty or threatens to commit a breach of fiduciary duty, a beneficiary of a testate estate or heir of an intestate estate shall have a cause of action: To recover damages; To compel the performance of the personal representative's or temporary administrator's duties; To enjoin the commission of a breach of fiduciary duty; To compel the redress of a breach of fiduciary duty by payment of money or otherwise; To appoint another personal representative or temporary administrator to take possession of the estate property and administer the estate; To remove the personal representative or temporary administrator; and To reduce or deny compensation to the personal representative or temporary administrator. When estate assets are misapplied and can be traced in the hands of persons affected with notice of misapplication, a constructive trust shall attach to the assets. The provision of remedies for breach of fiduciary duty by this Code section does not prevent resort to any other appropriate remedy provided by statute or common law. In any action or proceeding brought pursuant to this Code section, service of notice or process shall be made in the manner provided by Chapter 11 of this title if Chapter 11 of this title is applicable under Code Section 53-11-1 . If Chapter 11 of this title is not applicable to such action or proceeding under Code Section 53-11-1 , such service shall be made in the manner provided by Chapter 11 of Title 9 unless Chapter 11 of such title is not applicable to such action or proceeding under Code Section 9-11-81 . (Code 1981, § 53-7-54 , enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 2020, p. 377, § 1-45/HB 865.) The 2020 amendment, effective January 1, 2021, inserted "constructive" in subsection (b); and added subsection (d).
Source: official Georgia text · Last verified 2026-08-27
Frequently Asked Questions About Georgia § 53-7-54
What does Official Code of Georgia Annotated § 53-7-54 cover?
Section 53-7-54 ("Breach of fiduciary duty.") is part of the Official Code of Georgia Annotated, the codified statutory law of Georgia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Georgia § 53-7-54?
A common citation format is "Official Code of Georgia Annotated § 53-7-54" (Georgia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Georgia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Georgia official source linked on this page or consult a licensed Georgia attorney.
How does Georgia § 53-7-54 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Georgia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Georgia.