§ 19-3-65.Powers of superior court judge in appointing and removing trustees and protecting trust estate
Chapter 3. Marriage Generally · Article 3. Antenuptial Agreements, Marriage Contracts, and Postnuptial Settlements · Last amended 2021 · Last verified October 9, 2026
Full Text of § 19-3-65
Plain-English Summary
Some marriage settlements put property in the hands of trustees, a route § 19-3-64 expressly allows. Trustees can die or fail at the job, and a trust estate can need protection. This section gives a court the power to deal with that.
The judge of the superior court of the county of a spouse’s domicile may, at any time and upon petition, exercise equitable powers in appointing, removing or substituting trustees, or in granting any order for the protection of the trust estate. The judge exercises “a wise discretion” on the terms of the appointment or order. The power is discretionary — “may,” not “shall” — and it is set in motion by a petition. The statute doesn’t say who may file the petition.
The power is subject to three other Code sections: 15-9-127, 23-1-4 and 53-12-6. Those sections lie outside Title 19, and the court applies this section within whatever limits they set. The section was amended in 2020, effective January 1, 2021, and its roots trace to the Code of 1863. Who may enforce the underlying marriage contract or settlement is covered in § 19-3-66.
Frequently Asked Questions
Which court can replace a trustee under a Georgia marriage settlement?
The superior court of the county of a spouse’s domicile. Under this section, that court’s judge may, upon petition, appoint, remove or substitute trustees, or grant any order for the protection of the trust estate. The power is subject to Code Sections 15-9-127, 23-1-4 and 53-12-6, which the section lists.
Can a judge remove a trustee who isn’t managing the property properly?
Yes, if the judge decides it is warranted. The judge may remove or substitute trustees and grant any order for the protection of the trust estate, exercising equitable powers and a wise discretion. The section doesn’t list grounds for removal. Whether to act, and on what terms, is up to the judge after a petition is filed.
Does the court act on its own, or does someone have to ask?
Someone has to ask. The section says the judge may act upon petition. It allows a petition at any time, but it doesn’t say who may file one. Once a petition is filed, the judge decides whether and how to act.
What does “a wise discretion” mean in this section?
It describes the judge’s freedom to set the terms of a trustee appointment or protective order. The section says the judge exercises a wise discretion as to the terms on which the appointment shall be made or the order granted. In practice, the outcome depends on the judge’s view of the facts rather than a fixed formula.
What does this section have to do with prenups and marriage settlements?
Some marriage agreements and settlements place property with trustees for a spouse. Section 19-3-64 allows a person to convey property to a spouse indirectly through trustees, and this section gives the superior court power to oversee those trustees and protect the trust estate. If no trustee is involved, this section doesn’t come into play.
Amendment History
Laws 2018, Act 305, § 1-1, eff. July 1, 2018; Laws 2020, Act 508, § 2-23, eff. Jan. 1, 2021.
Formerly Code 1863, § 1729; Code 1868, § 1770; Code 1873, § 1780; Code 1882, § 1780; Civil Code 1895, § 2485; Civil Code 1910, § 3004; Code 1933, § 53-405.