Georgia § 53-12-301 - Actions for breach of trust.

Full text of Georgia Official Code of Georgia Annotated § 53-12-301 — Actions for breach of trust., with citation guidance and answers to common questions.

§ 53-12-301. Actions for breach of trust.

If a trustee commits a breach of trust, or threatens to commit a breach of trust, a beneficiary shall have a cause of action to seek: To recover damages; To compel the trustee to perform the trustee's duties; To require an accounting; To enjoin the trustee from committing a breach of trust; To compel the trustee to redress a breach of trust by payment of money or otherwise; To appoint a temporary trustee to take possession of the trust property and administer the trust or to suspend a trustee with or without the appointment of a temporary trustee; To remove the trustee; and To reduce or deny compensation of the trustee. When trust assets are misapplied and can be traced in the hands of persons affected with notice of the misapplication, the trust shall attach to such assets. A creditor of a trust may follow assets in the hands of beneficiaries even if they were received without notice. The remedy set forth in subsection (c) of Code Section 53-12-363 shall be the exclusive remedy for an abuse of discretion as provided in Code Sections 53-12-361 and 53-12-362. The provision of remedies for breach of trust shall not prevent resort to any other appropriate remedy provided by statute or common law. (Code 1981, § 53-12-301 , enacted by Ga. L. 2010, p. 579, § 1/SB 131.) Cross references. - Registration of securities generally, § 10-5-20 et seq. Effect of purchase by or from one without notice of equity, § 23-1-19 . Liability of the legatees or distributees with respect to an unpaid debt of the estate, § 53-7-43 .

Source: official Georgia text · Last verified 2026-08-27

Frequently Asked Questions About Georgia § 53-12-301

What does Official Code of Georgia Annotated § 53-12-301 cover?

Section 53-12-301 ("Actions for breach of trust.") 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 § 53-12-301?

A common citation format is "Official Code of Georgia Annotated § 53-12-301" (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 § 53-12-301 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.