History. Ga. L. 1945, p. 137, §§ 7, 8; Ga. L. 2015, p. 385, § 4-15/HB 252; Ga. L. 2020, p. 377, § 2-4/HB 865.
The 2015 amendment, effective July 1, 2015, substituted “intellectual disability” for “mental retardation” in the introductory language of subsection (a).
The 2020 amendment, effective January 1, 2021, rewrote subsection (a), which read: “(a) Without limiting the generality of Code Sections 9-4-2, 9-4-3, 9-4-5 through 9-4-7, and 9-4-9, any person interested as or through an executor, administrator, trustee, guardian, or other fiduciary, creditor, devisee, legatee, heir, ward, next of kin, or beneficiary in the administration of a trust or of the estate of a decedent, a minor, a person who is legally incompetent because of mental illness or intellectual disability, or an insolvent may have a declaration of rights or legal relations in respect thereto and a declaratory judgment:
“(1) To ascertain any class of creditors, devisees, legatees, heirs, next of kin, or others;
“(2) To direct the executor, administrator, or trustee to do or abstain from doing any particular act in his fiduciary capacity; or
“(3) To determine any question arising in the administration of the estate or trust, including questions of construction of wills and other writings.”
Editor’s notes.
Ga. L. 2015, p. 385, § 1-1/HB 252, not codified by the General Assembly, provides that: “This Act shall be known and may be cited as the ‘J. Calvin Hill, Jr., Act.’
Structure Georgia Code
Chapter 4 - Declaratory Judgments
§ 9-4-1. Purpose and Construction of Chapter
§ 9-4-2. Declaratory Judgments Authorized; Force and Effect
§ 9-4-3. Further Relief; Interlocutory Extraordinary Relief to Preserve Status Quo
§ 9-4-4. Declaratory Judgments Involving Fiduciaries
§ 9-4-5. Filing and Service; Time of Trial; Drawing of Jury
§ 9-4-6. Submission of Fact Issues to Jury
§ 9-4-7. Only Parties Affected; When Municipality Made Party; When Attorney General Served and Heard
§ 9-4-8. When Court May Refuse Declaratory Judgment