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Georgia Statutes, Title 15

Georgia/Statutes

← All Georgia coverage

Title 15

26 chapters · 1,115 sections in this title.

All chapters in Title 151,115 Ch 11, JUVENILE CODE299 Ch 9, PROBATE COURTS91 Ch 6, SUPERIOR COURTS89 Ch 10, MAGISTRATE COURTS89 Ch 21, PAYMENT AND DISPOSITION OF FINES AND…79 Ch 12, JURIES75 Ch 18, PROSECUTING ATTORNEYS72 Ch 16, SHERIFFS40 Ch 19, ATTORNEYS33 Ch 7, STATE COURTS OF COUNTIES31 Ch 2, SUPREME COURT28 Ch 1, GENERAL PROVISIONS26 Ch 14, COURT REPORTERS25 Ch 5, ADMINISTRATION OF COURTS OF RECORD G…23

91 sections·Filtered byTitle 15✕Ch 9✕

O.C.G.A. § 15-9-1 Election; term
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The judges of the probate courts are elected by the people of their respective counties at the time and in the manner prescribed by law. They shall hold their offices for four years and until their successors are elected and qualiﬁed, unless sooner removed. Their terms shall begi…
O.C.G.A. § 15-9-1.1 Required training courses; attendance record; expenses
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(a) Any individual who is elected, appointed, or becomes a judge of the probate court by operation of law after January 1, 1990, after taking office as judge of the probate court, shall satisfactorily complete a new judge orientation training course prescribed by the Probate Judg…
O.C.G.A. § 15-9-10 Temporary ﬁlling of vacancy; order of priority; compensation
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(a) If at any time there is a vacancy in the office of judge of the probate court, such vacancy shall be ﬁlled as set forth in Code Section
O.C.G.A. § 15-9-11 Any individual serving during such vacancy shall be vested with all the powers of the judge of the probate court
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(b)(1) Except as provided in subsection (b) of Code Section 15-9-11, until such time as a special election can be held, a vacancy shall be ﬁlled in the following order of priority: (A) By an associate judge of the probate court, in order of seniority. In any county in which an as…

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O.C.G.A. § 15-9-12 Disposition of unﬁnished proceedings of predecessor

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All citations and other unﬁnished proceedings of the former judge of the probate court shall be disposed of by the successor as though there had been no vacancy. History. — Orig. Code 1863, § 300; Code 1868, § 360; Code 1873, § 325; Code 1882, § 325; Civil Code 1895, § 4226; Civi…

O.C.G.A. § 15-9-13 Procedure when judge unable to act; compensation

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(a) Whenever a judge of the probate court is unable to act in any case because of sickness, absence, or any other reason, an associate judge of the probate court, in order of seniority, shall exercise the jurisdiction of the probate court, unless he or she is disqualiﬁed under su…

O.C.G.A. § 15-9-15 Council of Probate Court Judges of Georgia

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(a) There is created a council to be known as ‘‘The Council of Probate Court Judges of Georgia.’’ The council shall be composed of the judges of the probate courts of this state. The council is authorized to organize itself and to develop a constitution and bylaws. The officers o…

O.C.G.A. § 15-9-16 Authority of retired judge to perform marriage ceremonies

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A retired judge of a probate court of any county of this state shall be vested with the same authority as an active judge of this state for the purpose of performing marriage ceremonies. History. — Code 1981, § 15-9-16, enacted by Ga. L. 1989, p. 593, § 1; Ga. L. 1990, p. 8, § 15…

O.C.G.A. § 15-9-17 Serving a minor or incapacitated adult

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(a) Notwithstanding the provisions of Code Section 15-9-122 or any other provision of law to the contrary, in any action before the probate court in which the service of notice on a minor or an incapacitated adult is required by law or ordered by the probate court, such service o…

O.C.G.A. § 15-9-18 Remittance of interest from cash bonds

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Whenever the sheriff transfers cash bonds to the clerk of the court, pursuant to Code Section 15-16-27, the clerk of the probate court shall deposit such funds into interest-bearing trust accounts, and the interest from those funds shall be remitted to the Georgia Superior Court …

O.C.G.A. § 15-9-2 Eligibility for judgeship; restrictions on ﬁduciary role

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(a)(1) Except as otherwise provided in subsection (c) of this Code section, no individual shall be eligible to offer for election to or hold the office of judge of the probate court unless the individual: (A) Is a citizen of the United States; (B) Is a resident of the county in w…

O.C.G.A. § 15-9-2.1 Appointment, compensation, authority, qualiﬁcations, training, and other limitations of associate probate court judges

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(a) Appointment, compensation, and term. (1) The judge of the probate court may appoint one or more individuals to serve as associate judges of the probate court in probate matters on a full-time or part-time basis subject to the approval of the governing authority of the county.…

O.C.G.A. § 15-9-3 Restrictions on practice of law

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No judge of a probate court shall engage, directly or indirectly, in the practice of law in his or her own name or in the name of another, as open or silent partner, or otherwise: (1) In any case or proceeding in his or her own court; (2) In another court in a case or matter of w…

O.C.G.A. § 15-9-4 Additional judicial eligibility requirements in certain counties

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(a) No individual elected judge of the probate court in any county provided for in this Code section shall engage in the private practice of law. (b) (For effective date, see note.) Except as otherwise provided by subsection (c) of this Code section, in any county of this state h…

O.C.G.A. § 15-9-5 When judge ineligible for reelection

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If any judge of the probate court fails to account faithfully as executor, administrator, or guardian after becoming judge, for all trusts he or she held at the time of his or her election, such judge shall be ineligible for reelection. History. — Ga. L. 1851-52, p. 91, § 4; Code…

O.C.G.A. § 15-9-6 Oath of office

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Before entering on the duties of their offices, the judges of the probate courts must take and ﬁle the oaths required of all civil officers and, in addition, the following oath: ‘‘I do swear that I will well and faithfully discharge the duties of judge of the probate court for th…

O.C.G.A. § 15-9-7 Bond

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The judges of the probate courts shall give bond or surety in the sum of $100,000.00, which amount may be increased in any county by local Act, for the faithful discharge of their duties as clerks of the judges of the probate courts. The county governing authority shall pay such …

O.C.G.A. § 15-9-8 Qualiﬁcation; bond

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The several judges of the superior courts in their respective circuits shall have the power and it shall be their duty to qualify the judges of the probate courts of the several counties in their circuits, to approve the official bonds of the judges of the probate courts, and to …

O.C.G.A. § 15-9-9 When other security ordered; failure to comply

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If, at any time during the term of the judge of the probate court, it is made satisfactorily to appear to the judge of the superior court that the bond of the judge of the probate court is insufficient or the security thereof insolvent, it shall be his or her duty to require othe…

O.C.G.A. § 15-9-30 Subject matter jurisdiction; powers and duties generally; copy of Official Code of Georgia Annotated furnished for each judge

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(a) Probate courts have authority, unless otherwise provided by law, to exercise original, exclusive, and general jurisdiction of the following subject matters: (1) The probate of wills; (2) The granting of letters testamentary and of administration and the repeal or revocation o…

O.C.G.A. § 15-9-30.1 Jurisdiction in cases involving removal of obstructions from roads

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Notwithstanding any local law or other law conferring jurisdiction on any other tribunal, the judges of the probate courts shall have the jurisdiction, concurrent with any such tribunals, in all cases in their counties involving the removal of obstructions from roads, as provided…

O.C.G.A. § 15-9-30.2 Approval of bonds, qualiﬁcation of officers, and delivery of commissions

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The judge of the probate court has authority to approve all official bonds which are required by law to be approved by that judge and which are sent to that judge by the Governor with the dedimus, to qualify such officers, and to deliver their commissions to them. History. — Code…

O.C.G.A. § 15-9-30.3 Jurisdiction over Game and Fish Code misdemeanor violations

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(a) Subject to the provisions of subsection (b) of this Code section, in addition to any other jurisdiction vested in the probate courts, such courts shall have the right and power to conduct trials, receive pleas of guilty, and impose sentence upon defendants for violating any l…

O.C.G.A. § 15-9-30.4 Jurisdiction over violations of Code Section 12-3-10 involving parks, historic sites, and recreational areas

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(a) Subject to the provisions of subsection (b) of this Code section, in addition to any other jurisdiction vested in the probate courts, such courts shall have the right and power to conduct trials, receive pleas of guilty, and impose sentence upon defendants for violating the p…

O.C.G.A. § 15-9-30.5 Jurisdiction over certain violations of ‘‘Georgia Boat Safety Act

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(a) Subject to the provisions of subsection (b) of this Code section, in addition to any other jurisdiction vested in the probate courts, such courts shall have the right and power to conduct trials, receive pleas of guilty, and impose sentence upon defendants for violating any p…

O.C.G.A. § 15-9-30.6 Jurisdiction over certain drug and alcohol offenses

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(a) Subject to the provisions of subsection (c) of this Code section, in addition to any other jurisdiction vested in the probate courts, probate courts which have jurisdiction over misdemeanor traffic offenses in accordance with Code Section 40-13-21 shall have the right and pow…

O.C.G.A. § 15-9-30.7 Jurisdiction over certain cases involving litter

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(a) Subject to the provisions of subsection (b) of this Code section, in addition to any other jurisdiction vested in the probate courts, such courts shall have the right and power to conduct trials, receive pleas of guilty, and impose sentence upon defendants for violating any p…

O.C.G.A. § 15-9-30.8 Jurisdiction over certain cases involving operation of off-road vehicle

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In addition to any other jurisdiction vested in the probate courts, such courts shall have the right and power to hear cases of violations of Chapter 7 of Title 40 and to impose civil penalties for such violations as provided by Code Section 40-7-6. History. — Code 1981, § 15-9-3…

O.C.G.A. § 15-9-30.9 Jurisdiction over certain animal control cases

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(a) In addition to any other jurisdiction vested in the probate courts, such courts shall have the right and power to hear cases of violations of Article 2 of Chapter 8 of Title 4 and to impose: (1) Civil penalties for such violations, other than euthanasia; and (2) Criminal pena…

O.C.G.A. § 15-9-31 Authority of judge of probate court to grant administration

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The judge of the probate court can grant administration only on the estate of a person who was: (1) A resident at the time of his death of the county where the application is made; or (2) A nonresident of the state, with property in the county where the application is made or wit…

O.C.G.A. § 15-9-32 Jurisdiction over estate of nonresident with property or cause in several counties

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When a nonresident decedent has property or a cause of action in more than one county, letters of administration may be granted in any county in which such property or cause of action is located. The judge of the probate court who ﬁrst grants such letters acquires exclusive juris…

O.C.G.A. § 15-9-33 Authority to administer oaths

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(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 …

O.C.G.A. § 15-9-34 Contempt powers

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(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…

O.C.G.A. § 15-9-35 Power to cite absconding ﬁduciaries; publication of order; communication with appointing court in another state

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(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, c…

O.C.G.A. § 15-9-36 Judges of probate courts as clerks thereof; chief clerk; powers of clerks; uncontested matters

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(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…

O.C.G.A. § 15-9-37 Duties of clerks or probate judges acting as clerks; storage of records for retrieval from automated or computerized record-keeping method or system; installation and use of photostatic equipment or o

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(a) It is the duty of clerks of the probate courts, or the judges of the probate courts acting as such: (1) To issue all citations required by law and to administer all oaths incident to the business of the court; (2) To grant temporary letters of administration; (3) To grant mar…

O.C.G.A. § 15-9-39 Docket of applications and cases

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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. History. — Orig. Code 1863, § 4019; Code 1868, § 4048; Code 1873, § 4119; Code 1882, § 4119; C…

O.C.G.A. § 15-9-40 Filing and recording of proceedings

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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. History. — Orig. Code 1863, § 4017; Code 1868, § 4046; Code 1873, § 4117; Code 1882, § 4117; Civil Code 1895, § 4257; Civ…

O.C.G.A. § 15-9-41 Minutes of proceedings

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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. History. — Orig. Code 1863, § 4018; Code 1868, § 4047; Code 1873, § 4118; Code 1882, § 4118; Civil C…

O.C.G.A. § 15-9-42 Docket of ﬁduciaries; storage of records for retrieval from automated or computerized record-keeping method or system

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(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…

O.C.G.A. § 15-9-43 Preservation of newspapers

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(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 perio…

O.C.G.A. § 15-9-46 Validity of photostatic records

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(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 …

O.C.G.A. § 15-9-47 Default judgments; governing provisions

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(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 o…

O.C.G.A. § 15-9-60 Fees

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(a) The judges or clerks of the probate courts of this state shall be entitled to charge and collect the sums enumerated in this Code section. (b) All sums that the probate courts may be required to collect pursuant to Code Sections 15-23-7, 15-9-60.1, and 36-15-9 and all other s…

O.C.G.A. § 15-9-60.1 Additional marriage license fee for Children’s Trust Fund

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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 addit…

O.C.G.A. § 15-9-61 Payment of fees prerequisite to ﬁling; affidavit of indigence

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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 i…

O.C.G.A. § 15-9-62 Issuance of writ of ﬁeri facias for fees; defenses

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(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 f…

O.C.G.A. § 15-9-63 Schedule of minimum salaries

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(a)(1) Any other provision of law to the contrary notwithstanding, the minimum annual salary of each judge of the probate court in this state shall be ﬁxed according to the population of the county in which he or she serves, as determined by the United States decennial census of …

O.C.G.A. § 15-9-63.1 Compensation for services as magistrate or chief magistrate; longevity increases

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(a) Beginning January 1, 2021, in any county in which the probate judge serves as chief magistrate or magistrate, he or she shall be compensated for such services based on a minimum annual amount of $13,223.25; provided, however, that compensation for a probate judge shall not be…

O.C.G.A. § 15-9-64 Supplement to minimum salaries

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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 …