reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 9 - PROBATE COURTS (§§ 15-9-1 — 15-9-158) › Article 2 - JURISDICTION, POWER, AND DUTIES (§§ 15-9-30 — 15-9-47) › Section 15-9-33 - Authority to administer oaths

(a)
The several judges of the probate courts are authorized to administer oaths in all cases where the authority is not specially delegated to some other officer and to receive the same fees therefor as are allowed magistrates.
(b)
The judge of the probate court in any county of this state having a population of 550,000 or more according to the United States decennial census of 1970 or any future such census shall have the power and authority to administer the oath of office to any officer or official of such county or any municipality located within such county and to each judicial officer of the state whose jurisdiction extends to such county.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 9 - PROBATE COURTS (§§ 15-9-1 — 15-9-158) › Article 2 - JURISDICTION, POWER, AND DUTIES (§§ 15-9-30 — 15-9-47) › Section 15-9-34 - Contempt powers

(a)
The judge of the probate court shall have power to enforce obedience to all lawful orders of his or her court, including a guardianship order or conservatorship order from another state that has been registered with and recorded by the probate court under Article 4 of Chapter 11 of Title 29, by attachment for contempt under the same rules as are provided for other courts.
(b)
Probate courts may issue rules and attachments for contempts offered the court or its process by any executor, administrator, guardian, or other person and may punish the same by a fine as high as $500.00 or imprisonment not exceeding 20 days, or both.
Amended by 2019 Ga. Laws 233,§ 38, eff. 1/1/2020.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 9 - PROBATE COURTS (§§ 15-9-1 — 15-9-158) › Article 2 - JURISDICTION, POWER, AND DUTIES (§§ 15-9-30 — 15-9-47) › Section 15-9-35 - Power to cite absconding fiduciaries; publication of order; communication with appointing court in another state

(a)
Where any guardian, conservator, personal representative, surety on their bonds, or other person removes himself or herself beyond the limits of this state or absconds or conceals himself or herself, the judge of the probate court shall have the power to cite such guardian, conservator, personal representative, surety, or other person to appear before the judge relative to the performance of his or her duties or any other matter related to the probate court pertaining to such person. Service may be had upon the guardian, conservator, personal representative, surety, or other person by publication in the manner prescribed in subsection (b) of this Code section.
(b)
The judge of the probate court shall cause to be published the judge's order calling upon a person described in subsection (a) of this Code section to appear, in the newspaper of the county in which sheriff's advertisements are published, once a week for four weeks immediately preceding the court day on which the person is cited to appear. The published order shall be directed to the guardian, conservator, personal representative, surety, or other person, shall set the date and time on which the matter in question will be heard, shall indicate all matters to be passed upon at such time, and shall be signed by the judge of the probate court in the judge's official capacity. Where the address of the guardian, conservator, personal representative, surety, or other person is known, a copy of the order, as published, shall be mailed to the party named in the order. The judge of the probate court shall make an entry of his or her actions upon the minutes of the court.
(c)
With respect to a guardianship order or conservatorship order from another state that has been registered with and recorded by the probate court under Article 4 of Chapter 11 of Title 29, in addition to any action such court may take under subsection (a) of this Code section or under subsection (b) of Code Section
29-11-32
, the judge of the probate court may communicate with the appointing court in such other state under subsection (a) of Code Section
29-11-4
to inform such appointing court of the citation to appear issued by such judge under subsection (a) of this Code section, stating the reasons therefor.
Amended by 2019 Ga. Laws 233,§ 39, eff. 1/1/2020.
Amended by 2008 Ga. Laws 685,§ 2, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 9 - PROBATE COURTS (§§ 15-9-1 — 15-9-158) › Article 2 - JURISDICTION, POWER, AND DUTIES (§§ 15-9-30 — 15-9-47) › Section 15-9-36 - Judges of probate courts as clerks thereof; chief clerk; powers of clerks; uncontested matters; oaths

(a)
The judges of the probate courts are, by virtue of their offices, clerks of their own courts; but they may appoint one or more clerks, for whose conduct they are responsible, who hold their offices at the pleasure of the judge. The judges of the probate courts shall also have the authority to appoint one of their clerks as chief clerk of the probate judge unless otherwise provided by local law. Any individual appointed as chief clerk shall take the oath provided for under subsection (d) of this Code section.
(b)
The appointed clerks, including the chief clerk of the probate judge, may do all acts the judges of the probate courts could do which are not judicial in their nature. The chief clerk of the probate judge shall also have the authority prescribed in Code Section
15-9-10
.
(c)
(1)
In addition to other powers granted to appointed clerks, the chief clerk of the probate judge or, if there is no chief clerk, a clerk designated by the judge may exercise all the jurisdiction of the judge of the probate court concerning uncontested matters in the probate court. Such clerk may exercise such power regardless of whether the judge of the probate court is present and shall take the oath provided for under subsection (d) of this Code section.
(2)
The powers granted by paragraph (1) of this subsection shall be exercised only by a chief clerk or designated clerk who has been a member of the State Bar of Georgia for at least three years or has been a clerk in the probate court for at least five years.
(d)
(1)
Any individual appointed as chief clerk or as a designated clerk under paragraph (1) of subsection (c) of this Code section shall take the oath required of all civil officers and, in addition, the following oath:
"I do swear that I will well and faithfully discharge the duties of (chief clerk or designated clerk) of the probate court for the County of __________________, during my continuance in office, according to law, to the best of my knowledge and ability, without favor or affection to any party. So help me God."
(2)
The oath provided for under paragraph (1) of this subsection shall be taken by such individual prior to discharging of his or her duties, shall be administered by the judge of the probate court, and, the taking of which, shall be recorded in the minutes of the probate court.
Amended by 2021 Ga. Laws 170,§ 1, eff. 7/1/2021.
Amended by 2018 Ga. Laws 405,§ 1-20, eff. 7/1/2018.
Amended by 2014 Ga. Laws 563,§ 1, eff. 4/21/2014.
Amended by 2012 Ga. Laws 657,§ 2, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 9 - PROBATE COURTS (§§ 15-9-1 — 15-9-158) › Article 2 - JURISDICTION, POWER, AND DUTIES (§§ 15-9-30 — 15-9-47) › Section 15-9-38 - Filing of wills; confidentiality of files; public docket

(a)
Any person who has made a will may file it in the office of the judge of the probate court of the county of his residence. The judge shall maintain a docket in which he shall register the will, the date on which it was deposited in his office, and the date of withdrawal of the will by the person making the same or some other person, as the case may be, if the same is withdrawn. The files shall be confidential, and no person other than the person depositing the same, his legal representative, or his attorney in fact shall have access to the file prior to the death of the person making and depositing the will. The docket maintained by the judge shall be public as are other dockets in his office.
(b)
Nothing in this Code section shall be construed so as to prohibit any person from revoking such will by the execution of a subsequent will or so as to change the ambulatory nature of the will of any person.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 9 - PROBATE COURTS (§§ 15-9-1 — 15-9-158) › Article 2 - JURISDICTION, POWER, AND DUTIES (§§ 15-9-30 — 15-9-47) › Section 15-9-39 - Docket of applications and cases

The judge of the probate court shall keep a docket of all applications and cases pending in his court which are regularly continued from term to term until the final disposition thereof.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 9 - PROBATE COURTS (§§ 15-9-1 — 15-9-158) › Article 2 - JURISDICTION, POWER, AND DUTIES (§§ 15-9-30 — 15-9-47) › Section 15-9-40 - Filing and recording of proceedings

The proceedings shall always be kept on file; and, whenever the final order is granted, the proceedings shall be recorded in a book to be kept for such purpose.
Amended by 2018 Ga. Laws 405,§ 1-22, eff. 7/1/2018.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 9 - PROBATE COURTS (§§ 15-9-1 — 15-9-158) › Article 2 - JURISDICTION, POWER, AND DUTIES (§§ 15-9-30 — 15-9-47) › Section 15-9-41 - Minutes of proceedings

The judge of the probate court shall keep a regular book of minutes of the proceedings of his court, on which he shall enter all the applications refused as well as those granted.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 9 - PROBATE COURTS (§§ 15-9-1 — 15-9-158) › Article 2 - JURISDICTION, POWER, AND DUTIES (§§ 15-9-30 — 15-9-47) › Section 15-9-42 - Docket of fiduciaries; storage of records for retrieval from automated or computerized record-keeping method or system

(a)
The judge of the probate court shall keep a docket of all the executors, administrators, guardians, and trustees who are liable to make returns in his or her court, with regular entries of their returns, and of such fiduciaries as have failed to make returns as required by law and by the order of the court.
(b)
Nothing in this Code section shall restrict or otherwise prohibit a clerk or a probate judge acting as such from electing to store for computer retrieval any or all books, records, dockets, files, or indices; nor shall a clerk or a probate judge acting as such be prohibited from combining or consolidating any books, records, dockets, files, or indices in connection with the filing for record of papers of the kind specified in this Code section or in any other law; provided, however, that any automated or computerized record-keeping method or system shall provide for the systematic and safe preservation and retrieval of all books, records, dockets, files, or indices. When the clerk or a probate judge acting as such elects to store for computer retrieval any or all books, records, dockets, files, or indices, the same data elements used in a manual system shall be used, and the same integrity and security shall be maintained.
Amended by 2018 Ga. Laws 405,§ 1-23, eff. 7/1/2018.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 9 - PROBATE COURTS (§§ 15-9-1 — 15-9-158) › Article 2 - JURISDICTION, POWER, AND DUTIES (§§ 15-9-30 — 15-9-47) › Section 15-9-43 - Preservation of newspapers

(a)
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.
(b)
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.
Amended by 2002 Ga. Laws 749, § 3, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 9 - PROBATE COURTS (§§ 15-9-1 — 15-9-158) › Article 2 - JURISDICTION, POWER, AND DUTIES (§§ 15-9-30 — 15-9-47) › Section 15-9-44 - [Repealed] Use of photostatic and photographic equipment

Repealed by 2018 Ga. Laws 405,§ 1-24, eff. 7/1/2018.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 9 - PROBATE COURTS (§§ 15-9-1 — 15-9-158) › Article 2 - JURISDICTION, POWER, AND DUTIES (§§ 15-9-30 — 15-9-47) › Section 15-9-45 - [Repealed] Filing of photostatic records

Repealed by 2018 Ga. Laws 405,§ 1-25, eff. 7/1/2018.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 9 - PROBATE COURTS (§§ 15-9-1 — 15-9-158) › Article 2 - JURISDICTION, POWER, AND DUTIES (§§ 15-9-30 — 15-9-47) › Section 15-9-46 - Validity of photostatic records

(a)
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.
(b)
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.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 9 - PROBATE COURTS (§§ 15-9-1 — 15-9-158) › Article 2 - JURISDICTION, POWER, AND DUTIES (§§ 15-9-30 — 15-9-47) › Section 15-9-47 - Default judgments; governing provisions

(a)
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.
(b)
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.
Amended by 2020 Ga. Laws 508,§ 2-16, eff. 1/1/2021.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 9 - PROBATE COURTS (§§ 15-9-1 — 15-9-158) › Article 3 - COSTS AND COMPENSATION (§§ 15-9-60 — 15-9-68) › Section 15-9-60.1 - [Effective Until 1/1/2025] 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.
Amended by 2014 Ga. Laws 669,§ 15, eff. 4/29/2014.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 9 - PROBATE COURTS (§§ 15-9-1 — 15-9-158) › Article 3 - COSTS AND COMPENSATION (§§ 15-9-60 — 15-9-68) › Section 15-9-60.1 - [Effective 1/1/2025] Additional marriage license fee for Children's Trust Fund

In addition to any fees required in subsection (k) of Code Section
15-9-60
for marriage applications 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 for the State Children's Trust Fund. 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.
Amended by 2024 Ga. Laws 515,§ 2, eff. 1/1/2025, app. to fees paid in probate court on and after 1/1/2025.
Amended by 2014 Ga. Laws 669,§ 15, eff. 4/29/2014.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 9 - PROBATE COURTS (§§ 15-9-1 — 15-9-158) › Article 3 - COSTS AND COMPENSATION (§§ 15-9-60 — 15-9-68) › Section 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.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 9 - PROBATE COURTS (§§ 15-9-1 — 15-9-158) › Article 3 - COSTS AND COMPENSATION (§§ 15-9-60 — 15-9-68) › Section 15-9-62 - Issuance of writ of fieri facias for fees; defenses

(a)
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.
(b)
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.
(c)
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.
(d)
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.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 9 - PROBATE COURTS (§§ 15-9-1 — 15-9-158) › Article 3 - COSTS AND COMPENSATION (§§ 15-9-60 — 15-9-68) › Section 15-9-64 - [Effective Until 1/1/2025] 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.
Amended by 2019 Ga. Laws 310,§ 5, eff. 1/1/2021.
Amended by 2014 Ga. Laws 563,§ 4, eff. 4/21/2014.
Amended by 2006 Ga. Laws 649,§ 5, eff. 7/1/2006.
Amended by 2001 Ga. Laws 291, § 6, eff. 1/1/2002.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 9 - PROBATE COURTS (§§ 15-9-1 — 15-9-158) › Article 3 - COSTS AND COMPENSATION (§§ 15-9-60 — 15-9-68) › Section 15-9-64 - [Effective 1/1/2025] Supplement to minimum salaries

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.
Amended by 2024 Ga. Laws 580,§ 2, eff. 1/1/2025.
Amended by 2019 Ga. Laws 310,§ 5, eff. 1/1/2021.
Amended by 2014 Ga. Laws 563,§ 4, eff. 4/21/2014.
Amended by 2006 Ga. Laws 649,§ 5, eff. 7/1/2006.
Amended by 2001 Ga. Laws 291, § 6, eff. 1/1/2002.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 9 - PROBATE COURTS (§§ 15-9-1 — 15-9-158) › Article 3 - COSTS AND COMPENSATION (§§ 15-9-60 — 15-9-68) › Section 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
Amended by 2015 Ga. Laws 9,§ 15, eff. 3/13/2015.
Added by 2001 Ga. Laws 291, § 7, eff. 1/1/2002.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 9 - PROBATE COURTS (§§ 15-9-1 — 15-9-158) › Article 3 - COSTS AND COMPENSATION (§§ 15-9-60 — 15-9-68) › Section 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.
Amended by 2018 Ga. Laws 405,§ 1-26, eff. 7/1/2018.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 9 - PROBATE COURTS (§§ 15-9-1 — 15-9-158) › Article 3 - COSTS AND COMPENSATION (§§ 15-9-60 — 15-9-68) › Section 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.
Amended by 2018 Ga. Laws 405,§ 1-27, eff. 7/1/2018.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 9 - PROBATE COURTS (§§ 15-9-1 — 15-9-158) › Article 3 - COSTS AND COMPENSATION (§§ 15-9-60 — 15-9-68) › Section 15-9-67 - [Repealed] Fee systems continued until enactment of local legislation

Repealed by 2018 Ga. Laws 405,§ 1-28, eff. 7/1/2018.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 9 - PROBATE COURTS (§§ 15-9-1 — 15-9-158) › Article 3 - COSTS AND COMPENSATION (§§ 15-9-60 — 15-9-68) › Section 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.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 9 - PROBATE COURTS (§§ 15-9-1 — 15-9-158) › Article 4 - TIME, PLACE, AND PROCEDURE (§§ 15-9-80 — 15-9-90) › Section 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.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 9 - PROBATE COURTS (§§ 15-9-1 — 15-9-158) › Article 4 - TIME, PLACE, AND PROCEDURE (§§ 15-9-80 — 15-9-90) › Section 15-9-81 - Additional offices authorized in certain counties

(a)
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.
(b)
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.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 9 - PROBATE COURTS (§§ 15-9-1 — 15-9-158) › Article 4 - TIME, PLACE, AND PROCEDURE (§§ 15-9-80 — 15-9-90) › Section 15-9-82 - Terms of court; place for court

(a)
The probate court shall be held at the place prescribed for the superior court or in the office of the judge of the probate court in each county, by the judge thereof, on the first Monday in January, April, July, and October and shall continue in session from day to day as the business of the court may require. If the first Monday in a given term should happen to fall on a legal holiday, the probate courts throughout this state shall convene on the following day.
(b)
Nothing in this Code section shall be construed to restrict the judge of the probate court from having the authority to engage in any judicial act which he or she is lawfully entitled to perform, regardless of where the judge is located when the act is performed.
Amended by 2021 Ga. Laws 202,§ 1-4, eff. 5/4/2021.
Amended by 2008 Ga. Laws 685,§ 3, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 9 - PROBATE COURTS (§§ 15-9-1 — 15-9-158) › Article 4 - TIME, PLACE, AND PROCEDURE (§§ 15-9-80 — 15-9-90) › Section 15-9-83 - Hours for conducting business; official closings for legal holidays and inclement weather

(a)
The office of the judge of the probate court shall be open to conduct business a minimum of 40 hours each week as determined by the judge of the probate court.
(b)
Nothing in this Code section shall be construed to require any office of the judge of the probate court to be open:
(1)
On any public holiday, legal holiday, day of rest, or similar time that is recognized and designated as such by the laws of this state or by the governing authority of the county; or
(2)
If other county offices are closed because of inclement weather or any other reason.
Amended by 2018 Ga. Laws 405,§ 1-29, eff. 7/1/2018.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 9 - PROBATE COURTS (§§ 15-9-1 — 15-9-158) › Article 4 - TIME, PLACE, AND PROCEDURE (§§ 15-9-80 — 15-9-90) › Section 15-9-84 - Adjournments

If, for any reason, the judge of the probate court fails to hold court at the regular term or at any special term or if the business of the court requires it, the judge or his clerk may adjourn the court to such time as he may think proper. The adjournment shall be entered on the minutes of the court.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 9 - PROBATE COURTS (§§ 15-9-1 — 15-9-158) › Article 4 - TIME, PLACE, AND PROCEDURE (§§ 15-9-80 — 15-9-90) › Section 15-9-85 - Adjournment by appointed person

The judge of the probate court may appoint some fit and proper person to open and adjourn his court in the absence of an officer to do so.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 9 - PROBATE COURTS (§§ 15-9-1 — 15-9-158) › Article 4 - TIME, PLACE, AND PROCEDURE (§§ 15-9-80 — 15-9-90) › Section 15-9-86 - Verified petitions; notice and service thereof

Every application made to the judge of the probate court for the granting of any order shall be by verified petition in writing, stating the ground of such application and the order sought. Unless otherwise provided by law, if service of notice of such petition, other than by citation published in the official newspaper of the county in which the petition is made, is necessary under the law or in the judgment of the judge of the probate court on the motion of any party in interest or on the court's own motion, the judge shall cause a copy of the petition, together with a citation to show cause, if any, why the petition should not be granted and notice of the date, time, and place for filing any objections or for holding a final hearing, to be served by the sheriff or some lawful officer upon each party who resides in this state and to be served by the probate court mailing by registered or certified mail or statutory overnight delivery, return receipt requested, to each party who resides outside this state at a known address, at least 30 days before any objection is required to be filed by such party or before a final hearing is held. An entry of such service of notice shall be made on the original. In extraordinary cases, where it is necessary to act before such service of notice can be given, the judge of the probate court shall so direct the proceedings as to make no final order until service of notice has been given.
Amended by 2020 Ga. Laws 508,§ 2-18, eff. 1/1/2021.
Amended by 2018 Ga. Laws 405,§ 1-30, eff. 7/1/2018.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 9 - PROBATE COURTS (§§ 15-9-1 — 15-9-158) › Article 4 - TIME, PLACE, AND PROCEDURE (§§ 15-9-80 — 15-9-90) › Section 15-9-87 - Contents of order

The order of the judge of the probate court or other documents in the record shall recite the names of the persons so notified and shall reflect compliance with the provisions required.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 9 - PROBATE COURTS (§§ 15-9-1 — 15-9-158) › Article 4 - TIME, PLACE, AND PROCEDURE (§§ 15-9-80 — 15-9-90) › Section 15-9-88 - Objections or caveats to order

All objections or caveats to an order sought shall be in writing and verified, setting forth the grounds of such caveat.
Amended by 2018 Ga. Laws 405,§ 1-31, eff. 7/1/2018.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 9 - PROBATE COURTS (§§ 15-9-1 — 15-9-158) › Article 4 - TIME, PLACE, AND PROCEDURE (§§ 15-9-80 — 15-9-90) › Section 15-9-89 - Amendment of petition and caveat

The petition and caveat shall be amendable at all times and in every particular.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 9 - PROBATE COURTS (§§ 15-9-1 — 15-9-158) › Article 4 - TIME, PLACE, AND PROCEDURE (§§ 15-9-80 — 15-9-90) › Section 15-9-90 - Forms for probate court; local alteration

(a)
The Supreme Court of Georgia is authorized to adopt rules governing the use of forms in the probate courts and standard forms to be used in proceedings before the probate courts. Any such rules and forms shall be in such a manner as to facilitate the use of word processing and computer technology.
(b)
The rules adopted pursuant to subsection (a) of this Code section shall provide that the forms so adopted may be altered locally in a particular petition or proceeding in such items as grammar, gender usage, the use of singular and plural nouns and pronouns, the omission of optional or alternate language, the inclusion of variable information such as names and addresses, and other nonmaterial ways.
(c)
The rules adopted pursuant to subsection (a) of this Code section shall provide that the forms so adopted may be altered locally in a particular petition or proceeding by making material additions or deletions, provided that:
(1)
Any material additions or deletions are clearly identified;
(2)
The altered form is accompanied by the certificate of an attorney licensed to practice law in this state stating that the form, as altered, complies with the standard form in every material respect except for the identified additions or deletions; and
(3)
The altered form is accompanied by the certificate of an attorney licensed to practice law in this state stating that the form, as altered, complies with the statutory requirements relating to the matter which is submitted to probate,
and if such conditions are satisfied, then such forms shall be filed for probate notwithstanding the material alterations.
(d)
No state or local rules governing the use of forms in the probate courts shall be adopted which do not comply with the provisions of this Code section.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 9 - PROBATE COURTS (§§ 15-9-1 — 15-9-158) › Article 5 - PROBATE JUDGES TRAINING COUNCIL (§§ 15-9-100 — 15-9-105) › Section 15-9-100 - Creation of Probate Judges Training Council; duties of council

There is established the Probate Judges Training Council. It shall be the duty of the training council to advise and coordinate with the Institute of Continuing Judicial Education of Georgia concerning educational programs for probate judges and probate judges elect, to assist probate judges in improving the operations of the probate courts, and to perform such other duties as may be required by law or requested by judges of the probate courts.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 9 - PROBATE COURTS (§§ 15-9-1 — 15-9-158) › Article 5 - PROBATE JUDGES TRAINING COUNCIL (§§ 15-9-100 — 15-9-105) › Section 15-9-101 - "Training council" defined; powers; bond of personnel; audits

(a)
As used in this Code section, the term "training council" means the Probate Judges Training Council.
(b)
The training council shall be a legal entity and an agency of the State of Georgia; shall have perpetual existence; may contract; may own property; may accept funds, grants, and gifts from any public or private source for use in defraying the expenses of the training council in carrying out its duties; may adopt and use an official seal; may establish a principal office; may employ such administrative or clerical personnel as may be necessary and appropriate to fulfill its necessary duties; and shall have such other powers, privileges, and duties as may be reasonable and necessary for the proper fulfillment of its purposes and duties.
(c)
The training council shall require a sufficient bond signed by some surety or guaranty company authorized to do business in this state of any administrative or clerical personnel employed by the training council and empowered to handle funds of the training council. The premiums on such bonds shall be paid by the training council from funds appropriated or otherwise available to the training council.
(d)
The training council shall establish such auditing procedures as may be required in connection with the handling of public funds. The state auditor is authorized and directed to make an annual audit of the acts and doings of the training council and to make a complete report of the same to the General Assembly. The state auditor shall not be required to distribute copies of the audit to the members of the General Assembly but shall notify the members of the availability of the audit in the manner which he or she deems to be most effective and efficient. The report shall disclose all moneys received by the training council and all expenditures made by the training council, including administrative expense. He or she shall also make an audit of the affairs of the training council at any time required by a majority of the training council or the Governor of the state.
Amended by 2018 Ga. Laws 405,§ 1-32, eff. 7/1/2018.
Amended by 2005 Ga. Laws 333,§ 12, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 9 - PROBATE COURTS (§§ 15-9-1 — 15-9-158) › Article 5 - PROBATE JUDGES TRAINING COUNCIL (§§ 15-9-100 — 15-9-105) › Section 15-9-102 - Composition; terms of office; vacancies

(a)
As used in this Code section, the term:
(1)
"District" means an area of this state containing one or more counties which is designated and numbered as a district by The Council of Probate Court Judges of Georgia.
(2)
"Training council" means the Probate Judges Training Council.
(b)
(1)
The training council shall consist of one member from each district as elected by the judges of the probate courts within such district. Such elections shall occur prior to the annual spring business meeting of The Council of Probate Court Judges of Georgia. Training councilmembers shall serve four-year terms; provided, however, that members from odd-numbered districts shall serve an initial term of two years and members from even-numbered districts shall serve an initial term of four years. All members may succeed themselves, and successors shall be elected in the same manner as the original members immediately prior to the expiration of each member's term of office. The president of The Council of Probate Court Judges of Georgia shall be a voting member of the training council ex officio.
(2)
The Council of Probate Judges of Georgia may add up to four additional members to the training council. Such members shall be selected from the members of The Council of Probate Judges of Georgia at large and serve for two-year terms. Such members may succeed themselves if they are reappointed by the council. If a vacancy occurs for the additional members added, the council shall determine how to fill the vacancy.
(c)
In the event a vacancy occurs in the membership of the training council as a result of a death, resignation, removal, or failure of reelection as a probate judge, the members of the district in which such vacancy has occurred shall elect a qualified person from the district to serve for the remainder of the unexpired term of the member whose seat is vacant. The person elected to fill such vacancy shall take office immediately upon election.
Amended by 2018 Ga. Laws 405,§ 1-33, eff. 7/1/2018.
Amended by 2008 Ga. Laws 685,§ 4, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 9 - PROBATE COURTS (§§ 15-9-1 — 15-9-158) › Article 5 - PROBATE JUDGES TRAINING COUNCIL (§§ 15-9-100 — 15-9-105) › Section 15-9-103 - "Training council" defined; meetings; officers; reimbursement of expenses

(a)
As used in this Code section, the term "training council" means the Probate Judges Training Council.
(b)
The training council shall meet not later than the annual spring business meeting of The Council of Probate Court Judges of Georgia and at such other times and places as it shall determine necessary or convenient to perform its duties. The training council shall annually elect a chairperson and such other officers as it shall deem necessary and shall adopt such rules for the transaction of its business as it shall desire. The members of the training council shall receive no compensation for their services but shall be reimbursed for their actual expenses incurred in the performance of their duties as members of the training council.
Amended by 2018 Ga. Laws 405,§ 1-34, eff. 7/1/2018.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 9 - PROBATE COURTS (§§ 15-9-1 — 15-9-158) › Article 5 - PROBATE JUDGES TRAINING COUNCIL (§§ 15-9-100 — 15-9-105) › Section 15-9-104 - Eligibility of councilmember to hold office of judge of probate court

Notwithstanding any other law, a councilmember shall not be ineligible to hold the office of judge of the probate court by virtue of his or her position as a member of the Probate Judges Training Council.
Amended by 2018 Ga. Laws 405,§ 1-35, eff. 7/1/2018.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 9 - PROBATE COURTS (§§ 15-9-1 — 15-9-158) › Article 6 - JURY TRIALS; APPEAL (§§ 15-9-120 — 15-9-127) › Section 15-9-120 - Definitions

As used in this article, the term:
(1)
"Civil case" means those civil matters:
(A)
Over which the judge of the probate court exercises judicial powers;
(B)
Within the original, exclusive, or general subject matter jurisdiction of the probate court; and
(C)
Which, if not for this article and Code Section
5-6-33
, could be appealed to superior court for a de novo investigation with the right to a jury trial under Code Sections
5-3-4
and
5-3-5
.
(2)
"Probate court" means a probate court of a county having a population of more than 90,000 persons according to the United States decennial census of 2010 or any future such census in which the judge thereof has been admitted to the practice of law for at least seven years.
Amended by 2022 Ga. Laws 875,§ 2-8, eff. 7/1/2023, app. to petitions for review filed in superior or state court on or after such date.
Amended by 2012 Ga. Laws 657,§ 3, eff. 7/1/2012.