Jurors

O.C.G.A. § 15-9-125 — under Courts.

O.C.G.A. § 15-9-125

All laws with reference to the number, composition, qualifications, impaneling, challenging, and compensation of jurors in superior courts shall apply to and be observed by the probate courts in civil cases. History. — Code 1981, § 15-9-125, enacted by Ga. L. 1986, p. 982, § 6. 15-9-126. (For effective date, see note.) Fees. For services rendered in jury trials, in the probate court’s exercise of concurrent jurisdiction pursuant to Code Section 15-9-127, and in appeals to the Supreme Court or Court of Appeals, if a fee is not prescribed by Code Section 15-9-60, the judge or clerk of the probate court shall be entitled to charge and collect the same sums as those of the clerk of the superior court provided in Code Section 15-6-77 or other applicable law for similar services in superior court. History. — Code 1981, § 15-9-126, enacted by Ga. L. 1986, p. 982, § 6; Ga. L. 2020, p. 377, § 2-21/HB 865. Delayed effective date. — This Code section, as set out above, becomes effective January 1, 2021. For version of this Code section in effect until January 1, 2021, see the 2020 amendment note. The 2020 amendment, effective January 1, 2021, inserted ‘‘, in the probate court’s exercise of concurrent jurisdiction pursuant to Code Section 15-9-127,’’, inserted ‘‘or clerk’’, inserted ‘‘charge and collect’’, substituted ‘‘sums as those’’ for ‘‘fee as that’’, and inserted ‘‘or other applicable law’’. 15-9-127. (For effective date, see note.) Concurrent jurisdiction with superior courts; probate court jurisdiction. (a) Probate courts subject to this article shall have concurrent jurisdiction with superior courts with regard to the proceedings for: (1) Declaratory judgments involving fiduciaries pursuant to Code Sections 9-4-4, 9-4-5, 9-4-6, 9-4-8, 9-4-9, and 9-4-11; (2) Tax motivated estate planning dispositions of wards’ property pursuant to Code Sections 29-3-36 and 29-5-36; (3) Approval of settlement agreements pursuant to former Code Section 53-3-22 as such existed on December 31, 1997, if applicable; 496 15-9-127 Code Section 53-5-25 or 53-5-27 for which the settlement agreement would affect an interest in real or personal property to be taken by a trust designated in the will; or Code Section 53-12-9; (4) Adjudication of actions concerning trusts, trustees, and trust directors authorized by the provisions of Chapter 12 of Title 53; (5) Adjudication of petitions under Code Section 10-6B-16 to construe a power of attorney, review an agent’s conduct, and grant appropriate relief; (6) Adjudication of petitions under subsection (i) of Code Section 10-6B-40 to grant an agent authority under a power of attorney; and (7) Adjudication of petitions for direction or construction of a will or trust instrument pursuant to Code Section 23-2-92, 53-4-55, 53-4-56, 53-7-75, or 53-12-27, or other applicable law. (b) In civil cases, probate courts subject to this article may: (1) Apply equitable principles; (2) Hear evidence on and decide any contested question; and (3) Issue such orders as are appropriate under the circumstances. (c) Probate courts subject to this article shall have and may exercise the jurisdiction and authority conferred by subsections (a) and (b) of this Code section to the greatest extent that does not infringe the exclusive jurisdiction of the superior courts pursuant to Article VI, Section IV, Paragraph I of the Constitution of this state. History. — Code 1981, § 15-9-127, enacted by Ga. L. 1987, p. 912, § 1; Ga. L. 1989, p. 917, § 1; Ga. L. 1991, p. 810, § 7; Ga. L. 1998, p. 128, § 15; Ga. L. 2002, p. 1316, § 9; Ga. L. 2004, p. 161, § 3; Ga. L. 2005, p. 583, § 1/HB 406; Ga. L. 2008, p. 715, § 5/SB 508; Ga. L. 2010, p. 579, § 12/SB 131; Ga. L. 2011, p. 752, § 15/HB 142; Ga. L. 2020, p. 377, § 2-22/HB 865. Delayed effective date. — This Code section, as set out above, becomes effective January 1, 2021. For version of this Code section in effect until January 1, 2021, see the 2020 amendment note. The 2020 amendment, effective January 1, 2021, rewrote this Code section, which read: ‘‘Probate courts subject to this article shall have concurrent jurisdiction with superior courts with regard to the proceedings for: ‘‘(1) Declaratory judgments involving fiduciaries pursuant to Code Sections 9-4-4, 9-4-5, and 9-4-6; ‘‘(2) Tax motivated estate planning dispositions of wards’ property pursuant to Code Sections 29-3-36 and 29-5-36; ‘‘(3) Approval of settlement agreements pursuant to former Code Section 53-3-22 as such existed on December 31, 1997, if applicable, or Code Section 53-5-25; ‘‘(4) Appointment of new trustee to replace trustee pursuant to Code Section 53-12-201; ‘‘(5) Acceptance of the resignation of a trustee upon written request of the beneficiaries pursuant to Code Section 53-12-220; ‘‘(6) Acceptance of resignation of a trustee upon petition of the trustee pursuant to Code Section 53-12-220; ‘‘(7) Motions seeking an order for disinterment and deoxyribonucleic acid (DNA) testing as provided in Code Section 53-2-27; ‘‘(8) Conversion to a unitrust and re- 497 lated matters pursuant to Code Section 53-12-362; and ‘‘(9) Adjudication of petitions for direction or construction of a will pursuant to Code Section 23-2-92.’’ Editor’s notes. — Ga. L. 2004, p. 161, § 16, not codified by the General Assembly, provides that: ‘‘all appointments of guardians of the person or property made pursuant to former Title 29 shall continue in effect and shall thereafter be governed by the provisions of this Act.’’ 15-9-140