Title 15

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 cita…

(a) In any of the proceedings specified in this Code section with respect to which no citation is required to be published, notice of an application to the judge of the probate court for the granting of an order may, instead of stating the time of the hearing as provided in Code S…

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…

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…

The petition and caveat shall be amendable at all times and in every particular. History. — Orig. Code 1863, § 4016; Code 1868, § 4045; Code 1873, § 4116; Code 1882, § 4116; Civil Code 1895, § 4256; Civil Code 1910, § 4814; Code 1933, § 24-2108.

(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…

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 pr…

(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, gra…

(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 Co…

(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…

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. History. — Ga. L. 1982, p. 1612, § 5; Code 1981, § 15-9-105, enacted by Ga.…

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 thi…

(a) A party to a civil case in the probate court shall have the right to a jury trial if such right is asserted by a written demand for jury trial within 30 days after the filing of the first pleading of the party or within 15 days after the filing of the first pleading of an opposin…

Unless provided to the contrary by Code Section 9-11-81 or by Titles 29 and 53, the general laws and rules of practice, pleading, procedure, and evidence that are applicable to the superior courts of this state shall be applicable to and govern in civil cases in the probate court…

(a) Either party to a civil case in the probate court shall have the right of appeal to the Supreme Court or the Court of Appeals from any decision made by the probate court, except an order appointing a temporary administrator or an order appointing an emergency guardian or emer…

The general laws and rules applicable to the execution and enforcement of judgments in the superior courts of this state shall be applicable to and govern civil cases in the probate courts. History. — Code 1981, § 15-9-124, enacted by Ga. L. 1986, p. 982, § 6.

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.

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…

(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 …

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 judge would otherwise be qualified to serve, but only upon the written request of the judge of such other probate court. When serving in a p…

(a)(1) Any judge of a probate court who retires pursuant to the provisions of Chapter 11 of Title 47 may be appointed a senior judge of the probate courts. (2) Any judge of a probate court, whether or not said judge is a member of the retirement fund created by Chapter 11 of Titl…

(a) In any county in which there is no state court, the judge of the probate court may request the district attorney of the circuit in which the court is located to prosecute criminal cases subject to the jurisdiction of such probate court as set forth in Article 2 of this chapte…

(a) Any person appointed as the prosecuting attorney of a probate court pursuant to subsection (b) of Code Section 15-9-150 shall be a member in good standing of the State Bar of Georgia and admitted to practice before the appellate courts of this state. (b) Notwithstanding the p…

(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…

(a) Unless otherwise provided by local law, the governing authority of the county shall determine whether the prosecuting attorney of a probate court shall be a full-time or part-time prosecuting attorney. (b) Any full-time prosecuting attorney of a probate court and any full-tim…

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…

(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…

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 …

The prosecuting attorney of a probate court may employ such additional assistant prosecuting attorneys and other employees or independent contractors as may be provided for by local law or as may be authorized by the governing authority of the county. The prosecuting attorney of …

(a) Any assistant prosecuting attorney or other attorney at law employed by the county for the purposes of prosecuting in the probate court shall be a member in good standing of the State Bar of Georgia. (b) A qualified law student or law school graduate who is allowed to practice…

— 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…

There shall be one magistrate court in each county of the state which shall be known as the Magistrate Court of County. History. — Code 1981, § 15-10-1, enacted by Ga. L. 1983, p. 884, § 2-1.

Each magistrate court and each magistrate thereof shall have jurisdiction and power over the following matters: (1) The hearing of applications for and the issuance of arrest and search warrants; (2) Issuance of warrants and related proceedings as provided in Article 4 of Chapter…

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

(a) All magistrates, constables, and clerks of magistrate court shall before entering on the duties of their offices subscribe before the judge of the probate court the oaths prescribed by Code Sections 45-3-1 and 45-3-13 and the following oath: ‘‘I swear or affirm that I will du…

The magistrate court shall not have fixed terms. The chief magistrate shall provide for sessions of court to be held at such times and in such places, within or without the county seat, as are necessary or convenient. History. — Code 1981, § 15-10-4, enacted by Ga. L. 1983, p. 884…

The county governing authority shall provide suitable offices and courtrooms for the use of the magistrate court and shall supply all fixtures, supplies, and equipment necessary for the proper functioning of the magistrate court. History. — Code 1981, § 15-10-5, enacted by Ga. L. …

The chief magistrate may with the approval of the chief judge of superior court adopt local rules for the court not inconsistent with law and the rules adopted by the Supreme Court. History. — Code 1981, § 15-10-6, enacted by Ga. L. 1983, p. 884, § 2-1.

(a) There is created a council of magistrate court judges to be known as the ‘‘Council of Magistrate Court Judges.’’ The council shall be composed of the chief magistrates, magistrates, and senior magistrates of the magistrate courts of this state. The council is authorized to or…

(a) Each magistrate court shall have a chief magistrate and may have one or more other magistrates. Such magistrates shall be the judges of the magistrate court and shall be known as magistrates of the county. Unless otherwise provided by local law, the number of magistrates in e…

(a) Any elected chief magistrate or elected magistrate who is performing ordered military duty, as defined in Code Section 38-2-279, shall be eligible for reelection in any primary or general election which may be held to elect a successor for the next term of office, and may qual…

The chief magistrate shall assign cases among the several magistrates of the county and shall decide any disputes between the magistrates of the county. History. — Code 1981, § 15-10-21, enacted by Ga. L. 1983, p. 884, § 2-1.

(a) Each magistrate taking office on or after July 1, 2019, shall: (1) Have been a resident of the county for two years next preceding the beginning of his or her term of office; (2) Be at least 25 years of age; (3) Remain a resident of such county during his or her term of offic…

(a)(1) As used in this Code section, the term ‘‘full-time capacity’’ means, in the case of a chief magistrate, a chief magistrate who regularly exercises the powers of a magistrate as set forth in Code Section 15-10-2 at least 40 hours per workweek. In the case of all other magis…

In addition to any salary, fees, or expenses now or hereafter provided by law, unless a magistrate waives such expenses in writing, the governing authority of each county is authorized to provide as contingent expenses for the operation of the office of magistrate court, and paya…

Magistrates shall be subject to discipline, removal, and involuntary retirement by the Judicial Qualifications Commission in accordance with Article VI, Section VII, Paragraph VII of the Constitution. History. — Code 1981, § 15-10-24, enacted by Ga. L. 1983, p. 884, § 2-1; Ga. L. …