When the verdict of a jury is against an executor, administrator, or other trustee in his representative character, a judgment for costs shall be entered against him in the same character.
§ 9-12-12.Judgment for costs against fiduciary
Chapter 12. Verdict and Judgment · Article 1. General Provisions · Last amended 1933 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-12-12 requires that when a jury verdict goes against an executor, administrator, or other trustee acting in a representative capacity, the resulting judgment for costs be entered against that fiduciary in the same representative capacity.
Full Text of § 9-12-12
Plain-English Summary
Executors, administrators, and trustees act for someone else's estate or trust, not for themselves, and this section keeps that distinction intact even when they lose. When a jury's verdict goes against one of them in a representative character, the judgment for costs that follows must be entered against that fiduciary in the same representative character.
The point is to keep the costs award tied to the capacity in which the fiduciary was sued. A judgment captioned that way reaches the fiduciary as executor, administrator, or trustee — and, by extension, the assets of the estate or trust — rather than exposing the individual personally for costs incurred while carrying out someone else's business.
The rule is mandatory: the judgment for costs shall be entered in the same character the fiduciary held throughout the case. It reflects a broader idea running through how Georgia treats representative parties — that the capacity in which someone is sued should carry through to how any resulting judgment is captioned and enforced.
Frequently Asked Questions
Who does this section apply to?
Executors, administrators, or other trustees who lose a jury verdict while acting in their representative character.
In what capacity is the judgment for costs entered?
In the same representative character in which the fiduciary was sued, not against the person individually.
Why does the capacity of the costs judgment matter?
It keeps a costs award tied to the estate or trust the fiduciary represents, rather than exposing the fiduciary personally.
Is entering judgment for costs in the representative capacity mandatory?
Yes. The statute says it “shall be entered” in that character.
Does this section address damages on the merits, or only costs?
Only costs. It addresses how the costs judgment is captioned once the jury verdict goes against the fiduciary.
Amendment History
Orig. Code 1863, § 3493; Code 1868, § 3516; 1873, § 3574; Code 1882, § 3574; Civil Code 1895, § 5344; Civil Code 1910, § 5939; Code 1933, § 110-307.
Source & verification. Section text and amendment history are
reproduced verbatim from the Official Code of Georgia Annotated, published by the
Official Code of Georgia Annotated, Georgia Code Revision Commission / LexisNexis. Last verified July 17, 2026.
· Official source
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