GA Code § 15-9-30 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 9 - Probate Courts|Article 2 - Jurisdiction, Power, and Duties|§ 15-9-30. Subject Matter Jurisdiction; Powers and Duties Generally; Copy of Official Code of Georgia Annotated Furnished for Each Judge; Authority of Probate Court Judges

  Probate courts have authority, unless otherwise provided by law, to exercise original, exclusive, and general jurisdiction of the following subject matters:   The probate of wills;   The granting of letters testamentary and of administration and the repeal or revocation of the same;   All controversies in relation to the right of executorship or administration;   The sale and disposition of the property belonging to, and the distribution of, deceased persons' estates;   The appointment and removal of guardians of minors, conservators of minors, guardians of incapacitated adults, and conservators of incapacitated adults and persons who are incompetent because of mental illness or intellectual disability;   All controversies as to the right of guardianship and conservatorship, except that the probate court shall not be an appropriate court to take action under Code Section 19-7-4;   The auditing and passing of returns of all executors, administrators, guardians of property, conservators, and guardians;   The discharge of former sureties and the requiring of new sureties from administrators, guardians of property, conservators, and guardians;   All matters as may be conferred on them by Chapter 3 of Title 37;   All matters as may be conferred on them by Chapter 13 of Title 53;   All other matters and things as appertain or relate to estates of deceased persons and to persons who are incompetent because of mental illness or intellectual disability; and   All matters as may be conferred on them by the Constitution and laws.     In addition to the jurisdiction granted in subsection (a) of this Code section and unless otherwise provided by law, the probate courts shall have the power to carry out the following duties as assigned by specific laws:   Perform county governmental administration duties;   Perform duties relating to elections;   Fill vacancies in public offices by appointment;   Administer oaths to public officers;   Accept, file, approve, and record bonds of public officers;   Register and permit certain enterprises;   Issue marriage licenses;   Hear traffic cases;   Hear cases of violations of game and fish laws;   Hold criminal commitment hearings; and   Perform such other judicial and ministerial functions as may be provided by law.     To assure proper administration of the court's duties, the judge of the probate court of each county shall be furnished a copy of the Official Code of Georgia Annotated and annual supplements to the Code to keep it current. The costs of such Code and maintenance thereof shall be paid by the governing authority of each such county from the county library fund, if sufficient, otherwise any additional amount required shall be paid from the general funds of the county.   Each judge of the probate court shall have authority to perform any judicial act which he or she is lawfully entitled to perform, regardless of where such judge is located when such judicial act is performed.    (Laws 1799, Cobb's 1851 Digest, p. 281; Laws 1810, Cobb's 1851 Digest, p. 283; Ga. L. 1851-52, p. 91, § 1; Ga. L. 1855-56, p. 147, § 1; Code 1863, § 306; Code 1868, § 366; Code 1873, § 331; Code 1882, § 331; Civil Code 1895, § 4232; Civil Code 1910, § 4790; Code 1933, § 24-1901; Ga. L. 1969, p. 505, § 2; Ga. L. 1982, p. 1369, §§ 1, 3; Ga. L. 1982, p. 1502, § 1; Ga. L. 1988, p. 745, § 1; Ga. L. 2009, p. 827, § 4/HB 495; Ga. L. 2015, p. 385, § 4-15/HB 252; Ga. L. 2018, p. 356, § 1-19/SB 436; Ga. L. 2018, p. 1089, § 4/SB 301; Ga. L. 2021, p. 423, § 1-3/HB 635.)    The 2018 amendments.  The first 2018 amendment, effective July 1, 2018, substituted "Hear" for "Receive pleas of guilty and impose sentences in" at the beginning of paragraph (b)(9). The second 2018 amendment, effective July 1, 2018, added paragraph (a)(10); and redesignated former paragraphs (a)(10) and (a)(11) as present paragraphs (a)(11) and (a)(12), respectively.    The 2021 amendment,  effective May 4, 2021, added subsection (d).   Cross references.   - Issuance of marriage licenses generally, § 19-3-30 et seq.    Service by judge of probate court as election superintendent in county not having county board of elections, § 21-2-2(35).    Jurisdiction of probate courts with regard to violations of game and fish laws, § 27-1-35.    Guardians of minors generally, § 29-2-1 et seq.    Guardians of incapacitated adults generally, § 29-4-1 et seq.    Judges of probate courts as legal custodians and distributors of moneys due minors or insane persons not having legal guardian, § 29-8-1 et seq.    Orders by court for examination of persons for mental illness, mental retardation or alcoholism, §§ 37-3-62,37-4-40, and37-7-62.    Probate generally, § 53-3-1 et seq.    Administrators and executors and administration of estates generally, §§ 53-6-1 et seq.,53-7-1 et seq.   Repeal of local rules, Uniform Rules for the Probate Courts, Rule 1.1.    Authority of superior court judges, § 15-6-16.    Authority of state court judges, § 15-7-4.    Authority of magistrate to act, § 15-10-2.   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 2018, a semicolon was substituted for a period at the end of paragraph (a)(10).   Editor's notes.   - Ga. L. 2015, p. 385, § 1-1/HB 252, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'J. Calvin Hill, Jr., Act.'"   Law reviews.   - For article surveying developments in Georgia juvenile court practice and procedure from mid-1980 through mid-1981, see 33 Mercer L. Rev. 167 (1981). For survey article on domestic relations, see 34 Mercer L. Rev. 113 (1982). For survey article on real property, see 34 Mercer L. Rev. 255 (1982). For annual survey on wills, trusts, guardianships, and fiduciary administration, see 67 Mercer L. Rev. 273 (2015). For article on the 2018 amendment of this Code section, see 35 Ga. St. U.L. Rev. 204 (2018).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   General Jurisdiction   Lack of Jurisdiction   Procedure    OPINIONS OF THE ATTORNEY GENERAL   Probate court jurisdiction to set bail.    - Because a probate court may hold a court of inquiry pursuant to O.C.G.A. § 17-7-20, that court may also set bail for any criminal offense not included in O.C.G.A. § 17-6-1(a). 1995 Op. Att'y Gen. No. U95-1.    Probate judges continue to exercise jurisdiction over traffic cases.  1983 Op. Att'y Gen. No. 83-53.   Jurisdiction over violations of county ordinances.    - Probate court has jurisdiction over violations of county ordinances in counties of 550,000, or more, pursuant to O.C.G.A. § 36-1-17. 1995 Op. Att'y Gen. No. U95-1.    Probate court, having jurisdiction over traffic offenses pursuant to O.C.G.A. §§ 15-9-30 and40-13-21, has jurisdiction over violations of county traffic ordinances. 1995 Op. Att'y Gen No. U95-1.   No jurisdiction over criminal cases.   - Probate judge may not employ an attorney to prosecute criminal cases in probate court. 1999 Op. Att'y Gen. No. U99-6.   No jurisdiction over violations of waste management or air pollution statutes.   - Probate court does not have jurisdiction to try cases arising under provisions concerning waste management or air pollution. 1995 Op. Att'y Gen. No. U95-1.   Jurisdiction to issue warrants and require bond.    - Because a probate court may hold a court of inquiry pursuant to O.C.G.A. § 17-7-20, a probate court may also issue warrants and require bond pursuant to either O.C.G.A. § 17-6-90 or O.C.G.A. § 17-6-110. 1995 Op. Att'y Gen. No. U95-1.   RESEARCH REFERENCES   ALR.    - Jurisdiction of probate court to determine title to property which personal representative claims in his own right, 90 A.L.R. 134.    Jurisdiction of proceedings for restoration to competency of one who has allegedly regained sanity after an adjudication of incompetency, 121 A.L.R. 1509.    Jurisdiction in proceedings for administration of estate of decedent or guardianship of infant or incompetent as exclusive of jurisdiction of other courts of proceedings by surviving partner of decedent, infant, or incompetent or vice versa, 134 A.L.R. 1244.   Jurisdiction of court to permit sterilization of mentally defective person in absence of specific statutory authority, 74 A.L.R.3d 1210.