reglab/housing_qa huggingface dataset:
GA Code § 15-9-43 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 9 - Probate Courts|Article 2 - Jurisdiction, Power, and Duties|§ 15-9-43. Preservation of Newspapers

  The issues of the newspapers preserved as required in paragraph (9) of Code Section 15-9-37 shall be bound, microfilmed, photostated, or photographed; and such newspapers, microfilm, photographs, or photostatic copies shall be maintained within the county courthouse for a period of not less than 50 years, after which time the newspapers, microfilm, photographs, or other photostatic copies may be donated to a library or historical society, with the concurrence of the director of the Division of Archives and History, in the discretion of the judge of the probate court.   The judge of the probate court is authorized to enter into an agreement with either the clerk of the superior court or the sheriff of the county, or both, relative to the binding, retention, microfilming, photographing, or photostating of the newspapers and their preservation and retention, in which event it shall be necessary that only one set of newspapers or copies thereof shall be retained in the county courthouse. The set of newspapers or copies thereof shall include copies of the newspaper issues in which the advertisements of the judge of the probate court appear as well as copies of the newspaper issues in which the advertisements which the clerk of the superior court or the sheriff, or both, are required to preserve and retain appear. The agreement shall specify the person who shall maintain and preserve the newspapers, microfilm, photographs, or photostatic copies.    (Ga. L. 1974, p. 383, § 1; Ga. L. 2002, p. 532, § 3.)   Cross references.   - Use of microforms by agencies of state government or any of its political subdivisions generally, § 50-18-120 et seq.   Limitation of access to probate court files, Uniform Rules for the Probate Courts, Rule 17.
GA Code § 15-9-44 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 9 - Probate Courts|Article 2 - Jurisdiction, Power, and Duties|§ 15-9-44. Use of Photostatic and Photographic Equipment

 Reserved. Repealed by Ga. L. 2018, p. 356, § 1-24/SB 436, effective July 1, 2018.   Editor's notes.   - The former Code section was based on Ga. L. 1950, p. 414, §§ 1, 3; Ga. L. 1982, p. 3, § 15.
GA Code § 15-9-45 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 9 - Probate Courts|Article 2 - Jurisdiction, Power, and Duties|§ 15-9-45. Filing of Photostatic Records

 Reserved. Repealed by Ga. L. 2018, p. 356, § 1-25/SB 436, effective July 1, 2018.   Editor's notes.   - The former Code section was based on Ga. L. 1950, p. 414, § 2.
GA Code § 15-9-46 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 9 - Probate Courts|Article 2 - Jurisdiction, Power, and Duties|§ 15-9-46. Validity of Photostatic Records

  Records of any kind kept by the judge of the probate court or by the probate court of the several counties made by either a photostatic or photographic process shall be valid and effective for all purposes; and the records or copies thereof may be used in the same manner and to the same extent as records kept by any former method of printing, typing, or handwriting the same.   Notwithstanding subsection (a) of this Code section, in all cases carried to the Supreme Court or the Court of Appeals, the rules of such courts for the preparation of transcripts of records shall be complied with.    (Ga. L. 1950, p. 414, § 4; Ga. L. 1982, p. 3, § 15.)
GA Code § 15-9-47 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 9 - Probate Courts|Article 2 - Jurisdiction, Power, and Duties|§ 15-9-47. Default Judgments; Governing Provisions

  If in any case pending before the probate court an answer, caveat, or other responsive pleading has not been filed within the time required by law or by lawful order of the court, the case shall automatically become in default unless the time for filing the answer, caveat, or other responsive pleading has been extended as provided by law. The petitioner at any time thereafter shall be entitled to verdict and judgment by default, in open court or in chambers, as if every item and paragraph of the petition or other pleadings filed in the matter were supported by proper evidence. At any time before final judgment, the court, in its discretion, upon payment of costs, may allow the default to open for providential cause preventing the filing of required pleadings or for excusable neglect or where the judge, from all the facts, shall determine that a proper case has been made for the default to open, on terms to be fixed by the court. In order for the default to be thus opened, the showing shall be made under oath, shall set up a meritorious defense, shall offer to plead instanter, and shall announce ready to proceed with the hearing in the matter.   The provisions of this Code section shall govern in proceedings pertaining to defaults in the probate court, and the provisions of Code Section 9-11-55 shall not be applicable to such proceedings.     (Code 1981, §15-9-47, enacted by Ga. L. 1992, p. 2479, § 1; Ga. L. 2020, p. 377, § 2-16/HB 865.)    The 2020 amendment,  effective January 1, 2021, designated the existing provisions as subsection (a), substituted "If" for "Notwithstanding any provisions of Chapter 11 of Title 9, if" at the beginning of subsection (a), and added subsection (b).   Law reviews.   - For survey article on wills, trusts, guardianships, and fiduciary administration, see 60 Mercer L. Rev. 417 (2008).   JUDICIAL DECISIONS   Timely objection to amendment of year's support order.    - In a probate matter, a trial court erred by dismissing an executor's objection to the setting aside of certain real property as year's support in favor of an estate as the executor had filed an objection within 15 days of the default order amending the year's support order, pursuant to O.C.G.A. § 9-11-55(a), and by paying costs. The provisions of § 9-11-55(a) relating to the opening of default judgments as a matter of right within 15 days of default applied to a year's support proceedings in probate court. In re Estate of Ehlers, 289 Ga. App. 14, 656 S.E.2d 169 (2007).   Waiver of right to default.    - Because the executrix took the decedent's son's deposition and opposed the son's requests for a continuance, and did not seek to dismiss the son's caveat until 15 months after the caveat was untimely filed, the conduct of the executrix was inconsistent with an intent to raise or rely upon a default judgment and it resulted in a waiver of the right to default. In re Estate of Hill, 340 Ga. App. 39, 795 S.E.2d 748 (2016).
GA Code § 15-9-60.1 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 9 - Probate Courts|Article 3 - Costs and Compensation|§ 15-9-60.1. Additional Marriage License Fee for Children's Trust Fund

 In addition to any fees required in Code Section 15-9-60 for receiving marriage applications, issuing marriage licenses, and recording relative thereto, the judge of the probate court shall charge an additional fee of $15.00 for issuing a marriage license. No amount of this additional fee shall be paid into the Judges of the Probate Courts Retirement Fund of Georgia provided for in Chapter 11 of Title 47 or be used for the purpose of calculating retirement benefits for judges of the probate courts. Each judge of the probate court shall collect the additional fees for issuing marriage licenses as provided in this Code section and shall pay such moneys over to the Georgia Superior Court Clerks' Cooperative Authority by the last day of the month there following, to be deposited by the authority into the general treasury. The authority shall, on a quarterly basis, make a report and accounting of all funds collected pursuant to this Code section and shall submit such report and accounting to the Office of Planning and Budget, the House Budget and Research Office, and the Senate Budget and Evaluation Office no later than 60 days after the last day of the preceding quarter.    (Code 1981, §15-9-60.1, enacted by Ga. L. 1987, p. 1133, § 3; Ga. L. 1988, p. 13, § 15; Ga. L. 2004, Ex. Sess., p. ES3, § 4/HB 1EX; Ga. L. 2008, p. VO1, § 1-4/HB 529; Ga. L. 2014, p. 866, § 15/SB 340.)   Cross references.   - Designating amount of additional marriage license fees for Children's Trust Fund, § 19-14-21.   Editor's notes.   - Ga. L. 1987, p. 1133, § 6, not codified by the General Assembly, repeals this Code section effective July 1, 1995.   Ga. L. 1994, p. 509, § 8, not codified by the General Assembly, amends Ga. L. 1987, p. 1133, § 6, to change the date of repeal from July 1, 1995, to July 1, 2000.   Ga. L. 1999, p. 520, § 1, not codified by the General Assembly, amends Ga. L. 1987, p. 1133, § 6 to change the date of repeal from July 1, 2000, to July 1, 2010.   Ga. L. 2008, p. 568, § 14/HB 1054, not codified by the General Assembly, repealed Ga. L. 1987, p. 1133, § 6, as amended, so as to eliminate the July 1, 2010, repeal of this Code section.
GA Code § 15-9-61 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 9 - Probate Courts|Article 3 - Costs and Compensation|§ 15-9-61. Payment of Fees Prerequisite to Filing; Affidavit of Indigence

 The judges of probate courts shall not be required to file any proceedings until the deposit specified in Code Section 15-9-60, relating to court costs of probate courts, has been deposited with the probate judge on account of cost, provided that the deposit shall not be required if the party desiring to file the proceeding is unable because of his indigence to pay the deposit and the party files with the probate court an affidavit to that effect. If the proceeding is dismissed or withdrawn or if the total cost incurred in the proceeding is less than the deposit required by Code Section 15-9-60, any of the sum remaining in the hands of the judge of the probate court shall be repaid. The deposit required to be filed by this Code section shall not affect any Code section or Act of the General Assembly which requires a deposit in excess or in addition to the deposit of cost required by this Code section. Nothing contained in this Code section shall be deemed to require the deposit of cost by the state, its agencies, or its political subdivisions.   (Code 1933, § 24-1716.1, enacted by Ga. L. 1978, p. 1939, § 2.)   OPINIONS OF THE ATTORNEY GENERAL   Relief for indigents not permanent if indigents later able to pay.    - Purpose of statutory provisions allowing indigent persons relief from the filing of deposits such as Ga. L. 1952, p. 584, §§ 1 and 2 and former Code 1933, §§ 24-2716.1 and 24-2716.2 (see now O.C.G.A. §§ 9-15-2,15-9-60, and15-9-61) was to provide an indigent access to the courts, and it did not appear that the General Assembly intended to permanently relieve a litigant from responsibility to pay any probate court costs regardless of the litigant's ultimate ability to pay those costs; accordingly, a party allowed to proceed in forma pauperis without the filing of such an advance cost deposit can be required to pay court costs if the party later becomes able to pay those costs by virtue of receipt of estate funds through probate proceedings. 1978 Op. Att'y Gen. No. U78-48.   RESEARCH REFERENCES   C.J.S.   - 34 C.J.S., Executors and Administrators, §§ 1071, 1074.
GA Code § 15-9-62 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 9 - Probate Courts|Article 3 - Costs and Compensation|§ 15-9-62. Issuance of Writ of Fieri Facias for Fees; Defenses

  Whenever any costs are due the judge of the probate court by executors, administrators, or guardians, upon failure to pay the same on demand made, he is empowered to issue a writ of fieri facias at any regular term of court against the executors, administrators, or guardians for the amount due for costs at the time of the demand.   In all cases tried before the judge of the probate court, where judgment has been entered, the judge is empowered to issue writs of fieri facias for his costs therein against the party or parties liable for costs.   The writs of fieri facias provided for in subsections (a) and (b) of this Code section shall be directed "To all and singular the sheriffs of this state" and shall be made returnable to the probate court.   Whenever any illegality or other defense is filed by the defendant or a claim is filed to the property levied on, the sheriff shall return the writ of fieri facias and the defense or claim to the next superior court of the county, where the issues made by the defense or claim shall be tried as are other cases in the superior court.    (Ga. L. 1887, p. 54, §§ 1-4; Civil Code 1895, §§ 4243, 4244, 4245, 4246; Civil Code 1910, §§ 4801, 4802, 4803, 4804; Code 1933, §§ 24-2001, 24-2002, 24-2003, 24-2004.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 30 Am. Jur. 2d, Executions and Enforcement of Judgments, §§ 14, 15.   C.J.S.   - 34 C.J.S., Executors and Administrators, §§ 1071, 1074.
GA Code § 15-9-64 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 9 - Probate Courts|Article 3 - Costs and Compensation|§ 15-9-64. Supplement to Minimum Salaries

 The amount of minimum salary provided in Code Section 15-9-63 for the judges of the probate courts of any county presently on a salary who also hold and conduct elections or are responsible for conducting elections for members of the General Assembly under any applicable general or local law of this state shall be increased by $385.90 per month. The amount of the minimum salary provided in Code Section 15-9-63 for the judges of the probate courts on a salary who are responsible for traffic cases under any general or local law of this state shall also be increased by $482.28 per month. A county governing authority shall not be required to pay the compensation provided by this Code section beyond the term for which such judge performs such services.   (Ga. L. 1974, p. 455, § 2; Ga. L. 1978, p. 1953, § 2; Ga. L. 1981, p. 518, §§ 1, 2; Ga. L. 1983, p. 482, § 2; Ga. L. 1985, p. 932, § 2; Ga. L. 1998, p. 1159, § 10; Ga. L. 2001, p. 902, § 6; Ga. L. 2006, p. 568, § 5/SB 450; Ga. L. 2014, p. 395, § 4/SB 341; Ga. L. 2019, p. 1015, § 5/SB 171.)    The 2019 amendment,  effective January 1, 2021, in this Code section, substituted "$385.90" for "$323.59" in the first sentence, and substituted "$482.28" for "$404.41" in the second sentence.   OPINIONS OF THE ATTORNEY GENERAL   Salary increase not restricted to months during which elections conducted.   - This section does not limit the salary increase for probate judges who hold elections to the months during which elections are actually conducted. 1975 Op. Att'y Gen. No. U75-49.    Salaried probate judges may not retain fees  for maintaining and certifying vital records absent express legislative authorization. 1976 Op. Att'y Gen. No. U76-53.
GA Code § 15-9-64.1 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 9 - Probate Courts|Article 3 - Costs and Compensation|§ 15-9-64.1. Monthly Contingent Expense Allowance Schedule for the Operation of the Probate Judge's Office

 In addition to any salary, fees, or expenses now or hereafter provided by law, the governing authority of each county is authorized to provide as contingent expenses for the operation of the office of judge of the probate court, and payable from county funds, a monthly expense allowance of not less than the amount fixed in the following schedule:   Population Minimum Monthly Expenses ---------- -------------- 0 - 11,889 $ 100.00 11,890 - 74,999 200.00 75,000 - 249,999 300.00 250,000 - 499,999 400.00 500,000 or more 500.00    (Code 1981, §15-9-64.1, enacted by Ga. L. 2001, p. 902, § 7; Ga. L. 2015, p. 5, § 15/HB 90.)
GA Code § 15-9-65 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 9 - Probate Courts|Article 3 - Costs and Compensation|§ 15-9-65. Longevity Increases

 The amounts provided in paragraph (1) of subsection (a) of Code Section 15-9-63 and Code Section 15-9-64, as increased by paragraph (2) of subsection (a) of Code Section 15-9-63, shall be increased by multiplying said amounts by the percentage which equals 5 percent times the number of completed four-year terms of office served by any judge of a probate court after December 31, 1976, effective the first day of January following the completion of each such period of service. This Code section shall not be construed to affect any local legislation except when the local legislation provides for a salary lower than the salary provided in Code Sections 15-9-63, 15-9-64, 15-9-66, and this Code section, in which event Code Sections 15-9-63, 15-9-64, 15-9-66, and this Code section shall prevail.   (Ga. L. 1974, p. 455, § 3; Ga. L. 1978, p. 1953, § 3; Ga. L. 1981, p. 518, § 3; Ga. L. 1989, p. 801, § 2; Ga. L. 1990, p. 8, § 15; Ga. L. 1992, p. 1478, § 4; Ga. L. 1994, p. 620, § 4; Ga. L. 2018, p. 356, § 1-26/SB 436.)    The 2018 amendment,  effective July 1, 2018, substituted "when the local legislation provides for a salary lower than the salary provided in Code Sections 15-9-63, 15-9-64, 15-9-66, and this Code section, in which event Code Sections 15-9-63, 15-9-64, 15-9-66, and this Code section shall prevail" for "where the local legislation provides for a salary lower than the salary provided in Code Sections 15-9-63, 15-9-64, this Code section, and Code Sections 15-9-66 and 15-9-67, in which event Code Sections 15-9-63, 15-9-64, this Code section, and Code Sections 15-9-66 and 15-9-67 shall prevail" in the second sentence of this Code section.   OPINIONS OF THE ATTORNEY GENERAL   Salary increase is based on full terms, not partial terms.    - O.C.G.A. § 15-9-65 provides for longevity salary increases for judges of probate courts based upon completed four-year terms of office and not upon partial terms of office served. 1981 Op. Att'y Gen. No. U81-3.
GA Code § 15-9-66 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 9 - Probate Courts|Article 3 - Costs and Compensation|§ 15-9-66. Effect of Minimum Salary Provisions on Judges in Office on July 1, 1991; Expenses Not Covered by Salary

 Code Sections 15-9-63 through 15-9-65 and this Code section shall not be construed to reduce the salary of any judge of a probate court in office on July 1, 1991; provided, however, that successors to such judges of the probate courts in office on July 1, 1991, shall be governed by the provisions of said Code sections. The minimum salaries provided for in Code Sections 15-9-63 through 15-9-65 and this Code section shall be considered as salary only. Expenses for deputy clerks, equipment, supplies, copying equipment, and other necessary and reasonable expenses for the operation of a probate court shall come from funds other than the funds specified as salary in Code Sections 15-9-63 through 15-9-65 and this Code section.   (Ga. L. 1974, p. 455, § 3; Ga. L. 1978, p. 1953, § 3; Ga. L. 1981, p. 518, § 3; Ga. L. 1990, p. 8, § 15; Ga. L. 1992, p. 1478, § 5; Ga. L. 2018, p. 356, § 1-27/SB 436.)    The 2018 amendment,  effective July 1, 2018, substituted "15-9-65 and this Code section" for "15-9-65, this Code section, and Code Section 15-9-67" three times in this Code section.
GA Code § 15-9-67 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 9 - Probate Courts|Article 3 - Costs and Compensation|§ 15-9-67. Fee Systems Continued Until Enactment of Local Legislation

 Reserved. Repealed by Ga. L. 2018, p. 356, § 1-28/SB 436, effective July 1, 2018.   Editor's notes.   - The former Code section was based on Ga. L. 1974, p. 455, § 5; Ga. L. 1978, p. 1953, § 4; Ga. L. 1981, p. 518, § 4; Ga. L. 1990, p. 8, § 15.
GA Code § 15-9-68 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 9 - Probate Courts|Article 3 - Costs and Compensation|§ 15-9-68. Limitation of Probate Judge's Fees

 Notwithstanding the provisions of subsection (e) of Code Section 31-10-8 and subsection (c) of Code Section 31-10-27, unless local law or an agreement between a judge of the probate court and the county governing authority provides for the retention of a greater amount, a county governing authority may, by ordinance or resolution, limit the total amount of fees authorized to be retained as personal compensation by a probate judge who serves as local custodian, local registrar, or special abstracting agent pursuant to Code Section 31-10-8 or 31-10-27 to an aggregate amount not less than an amount equal to the fees collected or $7,500.00, whichever is less, in any calendar year beginning on or after January 1, 1997. Any probate judge whose fees are limited pursuant to this Code section shall prepare and submit a report at least quarterly to the county governing authority specifying the amount received during the quarter for which the report is submitted.    (Code 1981, §15-9-68, enacted by Ga. L. 1995, p. 768, § 1A.)
GA Code § 15-9-80 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 9 - Probate Courts|Article 4 - Time, Place, and Procedure|§ 15-9-80. Location of Office

 The judge of the probate court shall keep his office and all things belonging thereto at the county site and at the courthouse unless impracticable from any cause, in which case the office may be kept at some other designated place not more than two miles therefrom, of which public notice must be given.   (Ga. L. 1851-52, p. 91, § 7; Code 1863, §§ 305, 4012; Code 1868, §§ 365, 4041; Code 1873, §§ 330, 4112; Code 1882, §§ 330, 4112; Civil Code 1895, §§ 4231, 4252; Civil Code 1910, §§ 4789, 4810; Code 1933, § 24-1714; Ga. L. 1987, p. 400, § 1.)
GA Code § 15-9-81 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 9 - Probate Courts|Article 4 - Time, Place, and Procedure|§ 15-9-81. Additional Offices Authorized in Certain Counties

  Notwithstanding any other law, in all counties having a population in excess of 400,000 according to the United States decennial census of 1990 or any future such census, where the governing authority of the county has established and constructed one or more permanent satellite courthouses within the county and has designated each structure as a courthouse annex or by similar designation has established each structure as an additional courthouse to the courthouse located at the county site, the judge of the probate court shall be authorized and empowered to keep and maintain his or her office or offices and all things belonging thereto at the additional courthouse locations and at the courthouse at the county site. Any and all actions taken by the judge of the probate court at any additional courthouse location, however same may be designated, which is established by the county governing authority and designated as an additional courthouse location shall be as fully valid and binding as though taken and performed at the courthouse at the county site. Nothing in this subsection shall authorize the maintenance of any permanent records at any location other than the courthouse located at the county site.   Notwithstanding any other law, in a county where the county site is located in an unincorporated area of the county and the county governing authority has constructed one or more permanent satellite courthouses within the county and has further designated each such structure as a courthouse annex or has otherwise established each such structure as an additional courthouse to the courthouse located at the county site, the judge of the probate court shall be authorized and empowered to keep and maintain his or her office or offices and all things belonging thereto at the additional courthouse locations and at the courthouse at the county site. Any and all actions taken by the judge of the probate court at any additional courthouse location, however same may be designated, which is established by such county governing authority and designated as an additional courthouse location shall be as fully valid and binding as though taken and performed at the courthouse at the county site.    (Code 1933, § 24-1714(a), enacted by Ga. L. 1976, p. 682, § 1; Ga. L. 1981, p. 530, § 1; Ga. L. 1982, p. 3, § 15; Ga. L. 1995, p. 568, § 1; Ga. L. 1998, p. 1159, § 4.)