Filing of Deeds and Amendments Thereto; Filing of Copies With Secretary of State

  1. Law
  2. Georgia Code
  3. Wills, Trusts, and Administration of Estates
  4. Trusts
  5. Creation by Deed to Acquire Beneficial Interest
  6. Filing of Deeds and Amendments Thereto; Filing of Copies With Secretary of State

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  1. The deed creating a trust estate as provided in Code Section 53-12-151 shall, within 30 days of the execution thereof, be filed by the trustee in the office of the clerk of the superior court of the county in which the principal office of the trust is located. The trustee shall concurrently pay to the clerk the fee prescribed in Code Section 15-6-77. Upon the deed being filed with the clerk and the fees being paid, the clerk shall deliver to the trustee or his or her attorney two certified copies of the deed, the filing of the clerk thereon, and a receipt for the costs which have been paid to the clerk.
  2. Upon receiving the two certified copies of the deed, the trustee or his or her attorney shall present the same to the Secretary of State and shall pay $5.00 to the Secretary of State. The Secretary of State shall thereupon attach to one of the certified copies of the deed a certificate in substantially the following form:

    STATE OF GEORGIA

  3. The certified copy of the deed, together with the certificate of the Secretary of State thereon, shall be received as evidence in any court or proceeding as evidence of the existence of the trust and of its nature, terms, and conditions.
  4. The Secretary of State, at any time, upon the request of any person, shall make and certify additional copies of the deed, filing of the clerk, and certificate of the Secretary of State, upon payment to him or her of a fee of $1.00, plus 10› per 100 words for copying, and the additional certified copies shall be likewise admitted in evidence with like force and effect.
  5. Any amendment of a deed shall be filed with the clerk of the superior court and the Secretary of State in the same manner and under the same conditions required in the filing of the original deed, and the fees payable upon the filing shall be computed as if the filing were of an original deed.

OFFICE OF THE SECRETARY OF STATE

This is to certify that a copy of the attached certified copy of a deed, declaration, or agreement of trust dated ____________, by and between ____________ as settlor(s) and ____________ as trustee(s), which states that the trustee(s) may use the name of ____________, has been duly filed in the office of the Secretary of State and the fees paid therefor, as provided by law. WITNESS my hand and official seal this ______ day of ______________, ______. ______________ Secretary of State

(Code 1981, §53-12-152, enacted by Ga. L. 2010, p. 579, § 1/SB 131.)

RESEARCH REFERENCES

C.J.S.

- 26A C.J.S., Deeds, § 155.


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