Title 15 — Courts
0 chapters · 823 sections in this title.
O.C.G.A. § 15-9-125 Jurors
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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…
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. § 15-9-140 Jurisdiction of judges
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Except as otherwise provided by law, any judge of a probate court is authorized to serve as a judge of any other probate court in which such 498 15-9-141 judge would otherwise be qualified to serve, but only upon the written request of the judge of such other probate court. When s…
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. § 15-9-152 Oath of office
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(a) In addition to the oaths prescribed by Chapter 3 of Title 45, relating to official oaths, the prosecuting attorney of a probate court shall take and subscribe to the following oath: ‘‘I swear (or affirm) that I will well, faithfully, and impartially and without fear, favor, o…
O.C.G.A. § 15-9-154 Disqualification of prosecuting attorney
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If the prosecuting attorney of a probate court is disqualified by interest or relationship from engaging in the prosecution of a particular case or is unable to perform the duties of said office due to illness or incapacity, the district attorney of such judicial circuit may prose…
O.C.G.A. § 15-9-155 Prosecuting attorney’s duties; authority
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(a) The prosecuting attorney of a probate court shall have the duty and authority to represent the state: (1) In the probate court: (A) In the prosecution of any violation of the laws or ordinances of such county which is within the jurisdiction of such probate court and punishab…
O.C.G.A. § 15-9-156 Compensation; reimbursement of expenses
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The prosecuting attorney of a probate court shall be compensated by the county as provided by local law or, in the absence of such local law, as provided by the governing authority of such county. The prosecuting attorney of a probate court shall be entitled to be reimbursed for …
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. § 15-9-18 Serving a minor or incapacitated adult
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Remittance of interest from cash bonds. 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. 15-9-30.1. Jurisdiction in cases involving removal of obstruct…
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. § 15-9-3 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. § 15-9-30.1 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. § 15-9-30.6 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. § 15-9-30.9 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. § 15-9-33 Authority to administer oaths
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15-9-34. Contempt powers. 15-9-35. Power to cite absconding fiduciaries; publication of order; communication with appointing court in another state. 15-9-36. Judges of probate courts as 400 T.15, C.9 T.15, C.9 PROBATE COURTS Sec. Sec. 15-9-37. 15-9-38. 15-9-39. 15-9-40. 15-9-41. 1…
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. § 15-9-38 Law reviews
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— For article surveying wills, trusts, and administration of estates, see 34 Mercer L. Rev. 323 (1982). For article, ‘‘Transfer-on-Death Securities Registration: A New Title Form,’’ see 21 Ga. L. Rev. 789 (1987). For annual survey of law of wills, trusts, guardianships, and fiduci…
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. § 15-9-43 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. § 15-9-44 Use of photostatic and photographic equipment
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Reserved. Repealed by Ga. L. 2018, p. 356, § 1-24/SB 436, effective July 1, 2018. 450 15-9-47 Editor’s notes. — The former Code section was based on Ga. L. 1950, p. 414, §§ 1, 3; Ga. L. 1982, p. 3, § 15. 15-9-45. Filing of photostatic records.
O.C.G.A. § 15-9-45 Filing of photostatic records
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Reserved. Repealed by Ga. L. 2018, p. 356, § 1-25/SB 436, effective July 1, 2018. Editor’s notes. — The former Code section was based on Ga. L. 1950, p. 414, § 2. 15-9-46. Validity of photostatic records.
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. § 15-9-5 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. § 15-9-61 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. § 15-9-65 Longevity increases
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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 num…
O.C.G.A. § 15-9-67 Fee systems continued until enactment of local legislation
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Reserved. Repealed by Ga. L. 2018, p. 356, § 1-28/SB 436, effective July 1, 2018. Editor’s notes. — The former Code section was based on Ga. L. 1974, p. 455, § 5; Ga. L. 1978, p. 1953, § 4; Ga. L. 1981, p. 518, § 4; Ga. L. 1990, p. 8, § 15. 15-9-68. Limitation of probate judge’s …
O.C.G.A. § 15-9-68 Limitation of probate judge’s fees
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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 …
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. § 15-9-80 Location of office
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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 publ…
O.C.G.A. § 15-9-81 Additional offices authorized in certain counties
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(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 satelli…
O.C.G.A. § 15-9-82 State Merit System of Personnel Administration, T
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45, C. 20. Editor’s notes. — As of January 1, 1984, the days which have been ‘‘designated’’ as public and legal holidays by the federal government (see 5 U.S.C. § 6103(a), as amended by P.L. 98-144) are as follows: New Year’s Day; Birthday of Martin Luther King, Jr.; Washington’s…
O.C.G.A. § 15-9-84 Adjournments
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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…
O.C.G.A. § 15-9-85 Adjournment by appointed person
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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. History. — Ga. L. 1861, p. 56, § 1; Code 1868, § 4051; Code 1873, § 4122; Code 1882, § 4122; Civil Code 1895, § 4262; Civil Code 1910, § 4820;…
O.C.G.A. § 15-9-87 Contents of order
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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. History. — Orig. Code 1863, § 4015; Code 1868, § 4044; Code 1873, § 4115; Code 1882, § 4115; Civ…
O.C.G.A. § 15-9-88 Objections or caveats to order
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All objections or caveats to an order sought shall be in writing and verified, setting forth the grounds of such caveat. History. — Orig. Code 1863, § 4016; Code 1868, § 4045; Code 1873, § 4116; Code 1882, § 4116; Civil Code 1895, § 4256; Civil Code 1910, § 4814; Code 1933, § 24-2…
O.C.G.A. § 15-9-89 Amendment of petition and caveat
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15-9-90. Forms for probate court; local alteration. 401 T.15, C.9 T.15, C.9 COURTS Article 5 Probate Judges Training Council Sec. 15-9-100. Creation of Probate Judges Training Council; duties of council. 15-9-101. ‘‘Training council’’ defined; powers; bond of personnel; audits. 15…
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. § 15-9-90 Forms for probate court; local alteration
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(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 an…
O.C.G.A. § 15-10-1 Creation of magistrate courts
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There shall be one magistrate court in each county of the state which shall be known as the Magistrate Court of County. 509 15-10-2 History. — Code 1981, § 15-10-1, enacted by Ga. L. 1983, p. 884, § 2-1.
O.C.G.A. § 15-10-100 Appointment of constables; compensation; chief constable
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(a) Unless otherwise provided by local law, the county governing authority may provide for the appointment of constables by the chief magistrate. Constables so appointed shall serve at the pleasure of the chief magistrate. The compensation of constables so appointed shall be fixed…
O.C.G.A. § 15-10-101 Eligibility of constables
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(a) Except as provided in subsection (b) of this Code section, the eligibility for constable is the same as for magistrate. (b) Each constable shall have attained the age of at least 21 years prior to the date of his assuming the duties of constable. History. — Code 1981, § 15-10…