Construction of will by superior court

(a) Except as otherwise provided in subsection (b) of this Code section and in paragraph (7) of subsection (a) of Code Section 15-9-127, whenever it appears that a question of construction of a will is involved in the accounting, the probate court, upon its own motion or upon the motion of any party in interest, shall enter an order transferring the accounting to the superior court for the determination of all such questions, which shall be presented to, heard, and determined by the 654 53-7-75 superior court as appeals from the probate court are presented, heard, and determined. (b) A probate court subject to Article 6 of Chapter 9 of Title 15 shall have jurisdiction over questions of construction of a will involved in the accounting and may determine all such questions without transferring the accounting to the superior court. (c) The probate court may suspend further proceedings pending a final determination of the questions of construction. (d) After a final determination of the questions of construction, the probate court shall proceed with the accounting. History. — Code 1981, § 53-7-75, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 2020, p. 377, § 1-54/HB 865. The 2020 amendment, effective January 1, 2021, rewrote this Code section, which read: ‘‘The probate court, upon its own motion or upon the motion of any party in interest, whenever it appears that a question of construction of a will is involved in the accounting, shall enter an order transferring the accounting to the superior court for the determination of all such questions, which shall be presented to, heard, and determined by the superior court as appeals from the probate court are presented, heard, and determined. The probate court may suspend further proceedings pending a final decision of the superior court. After a final determination of the questions of construction, the probate court shall proceed with the accounting.’’ COMMENT This section carries forward former OCGA Sec. 53-7-188.