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Article 1 - General Provisions
§ 15-9-1. Election; Term - The judges of the probate courts are elected by the...
§ 15-9-1.1. Required Training Courses; Attendance Record; Expenses - History. Code 1982, § 15-9-1.1 , enacted by Ga. L....
§ 15-9-2. Eligibility for Judgeship; Restrictions on Fiduciary Role - History. Ga. L. 1851-52, p. 91, § 5; Code 1863,...
§ 15-9-2.1. Appointment, Compensation, Authority, Qualifications, Training, and Other Limitations of Associate Probate Court Judges - Click to view “I do swear that I will well...
§ 15-9-3. Restrictions on Practice of Law - No judge of a probate court shall engage, directly or...
§ 15-9-4. Additional Judicial Eligibility Requirements in Certain Counties - History. Code 1933, § 24-1711.1, enacted by Ga. L. 1953,...
§ 15-9-5. When Judge Ineligible for Reelection - If any judge of the probate court fails to account...
§ 15-9-6. Oath of Office - Before entering on the duties of their offices, the judges...
§ 15-9-7. Bond - The judges of the probate courts shall give bond or...
§ 15-9-8. Qualification; Bond - The several judges of the superior courts in their respective...
§ 15-9-9. When Other Security Ordered; Failure to Comply - If, at any time during the term of the judge...
§ 15-9-10. Temporary Filling of Vacancy; Order of Priority; Compensation - History. Ga. L. 1851-52, p. 50, § 1; Ga. L....
§ 15-9-11. Special Election to Fill Vacancy; Term of Individual Elected - History. Ga. L. 1851-52, p. 50, § 1; Ga. L....
§ 15-9-12. Disposition of Unfinished Proceedings of Predecessor - All citations and other unfinished proceedings of the former judge...
§ 15-9-13. Procedure When Judge Unable to Act; Compensation - History. Ga. L. 1889, p. 100, § 1; Civil Code...
§ 15-9-14. Sheriffs to Act as Administrators When Probate Judge Is Superior Court Clerk in Absence of County Administrator - Reserved. Repealed by Ga. L. 2018, p. 356, § 1-14/SB...
§ 15-9-15. Council of Probate Court Judges of Georgia - History. Code 1981, § 15-9-15 , enacted by Ga. L....
§ 15-9-16. Authority of Retired Judge to Perform Marriage Ceremonies - A retired judge of a probate court of any county...
§ 15-9-17. Serving a Minor or Incapacitated Adult - History. Code 1981, § 15-9-17 , enacted by Ga. L....
§ 15-9-18. Remittance of Interest From Cash Bonds - Whenever the sheriff transfers cash bonds to the clerk of...
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; Authority of Probate Court Judges - History. Laws 1799, Cobb’s 1851 Digest, p. 281; Laws 1810,...
§ 15-9-30.1. Jurisdiction in Cases Involving Removal of Obstructions From Roads - Notwithstanding any local law or other law conferring jurisdiction on...
§ 15-9-30.2. Approval of Bonds, Qualification of Officers, and Delivery of Commissions - The judge of the probate court has authority to approve...
§ 15-9-30.3. Jurisdiction Over Game and Fish Code Misdemeanor Violations - History. Code 1981, § 15-9-30.3 , enacted by Ga. L....
§ 15-9-30.4. Jurisdiction Over Violations of Code Section 12-3-10 Involving Parks, Historic Sites, and Recreational Areas - History. Code 1981, § 15-9-30.4 , enacted by Ga. L....
§ 15-9-30.5. Jurisdiction Over Certain Violations of “Georgia Boat Safety act.” - History. Code 1981, § 15-9-30.5 , enacted by Ga. L....
§ 15-9-30.6. Jurisdiction Over Certain Drug and Alcohol Offenses - History. Code 1981, § 15-9-30.6 , enacted by Ga. L....
§ 15-9-30.7. Jurisdiction Over Certain Cases Involving Litter - History. Code 1981, § 15-9-30.7 , enacted by Ga. L....
§ 15-9-30.8. Jurisdiction Over Certain Cases Involving Operation of Off-Road Vehicle - In addition to any other jurisdiction vested in the probate...
§ 15-9-30.9. Jurisdiction Over Certain Animal Control Cases - History. Code 1981, § 15-9-30.9 , enacted by Ga. L....
§ 15-9-31. Authority of Judge of Probate Court to Grant Administration - The judge of the probate court can grant administration only...
§ 15-9-32. Jurisdiction Over Estate of Nonresident With Property or Cause in Several Counties - When a nonresident decedent has property or a cause of...
§ 15-9-33. Authority to Administer Oaths - History. Ga. L. 1865-66, p. 41, § 1; Code 1868,...
§ 15-9-34. Contempt Powers - History. Orig. Code 1863, §§ 307, 4021, 4033; Code 1868,...
§ 15-9-35. Power to Cite Absconding Fiduciaries; Publication of Order; Communication With Appointing Court in Another State - History. Code 1933, § 24-2115, enacted by Ga. L. 1955,...
§ 15-9-36. Judges of Probate Courts as Clerks Thereof; Chief Clerk; Powers of Clerks; Uncontested Matters; Oaths - Click to view “I do swear that I will well...
§ 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 Other Photographic Equipment for Recordi... - History. Orig. Code 1863, § 316; Code 1868, § 377;...
§ 15-9-38. Filing of Wills; Confidentiality of Files; Public Docket - History. Ga. L. 1958, p. 354, § 1. Cross references....
§ 15-9-39. Docket of Applications and Cases - The judge of the probate court shall keep a docket...
§ 15-9-40. Filing and Recording of Proceedings - The proceedings shall always be kept on file; and, whenever...
§ 15-9-41. Minutes of Proceedings - The judge of the probate court shall keep a regular...
§ 15-9-42. Docket of Fiduciaries; Storage of Records for Retrieval From Automated or Computerized Record-Keeping Method or System - History. Orig. Code 1863, § 4020; Code 1868, § 4049;...
§ 15-9-43. Preservation of Newspapers - History. Ga. L. 1974, p. 383, § 1; Ga. L....
§ 15-9-46. Validity of Photostatic Records - History. Ga. L. 1950, p. 414, § 4; Ga. L....
§ 15-9-47. Default Judgments; Governing Provisions - History. Code 1981, § 15-9-47 , enacted by Ga. L....
Article 3 - Costs and Compensation
§ 15-9-60. Fees - Click to view Click to view Click to view Click...
§ 15-9-60.1. Additional Marriage License Fee for Children’s Trust Fund - In addition to any fees required in Code Section 15-9-60...
§ 15-9-61. Payment of Fees Prerequisite to Filing; Affidavit of Indigence - The judges of probate courts shall not be required to...
§ 15-9-62. Issuance of Writ of Fieri Facias for Fees; Defenses - History. Ga. L. 1887, p. 54, §§ 1-4; Civil Code...
§ 15-9-63. Schedule of Minimum Salaries - Click to view Population Minimum Salary 0 — 5,999 $...
§ 15-9-63.1. Compensation for Services as Magistrate or Chief Magistrate; Longevity Increases - History. Code 1981, § 15-9-63.1 , enacted by Ga. L....
§ 15-9-64. Supplement to Minimum Salaries - The amount of minimum salary provided in Code Section 15-9-63...
§ 15-9-64.1. Monthly Contingent Expense Allowance Schedule for the Operation of the Probate Judge’s Office - In addition to any salary, fees, or expenses now or...
§ 15-9-65. Longevity Increases - The amounts provided in paragraph (1) of subsection (a) of...
§ 15-9-66. Effect of Minimum Salary Provisions on Judges in Office on July 1, 1991; Expenses Not Covered by Salary - Code Sections 15-9-63 through 15-9-65 and this Code section shall...
§ 15-9-68. Limitation of Probate Judge’s Fees - Notwithstanding the provisions of subsection (e) of Code Section 31-10-8...
Article 4 - Time, Place, and Procedure
§ 15-9-80. Location of Office - The judge of the probate court shall keep his office...
§ 15-9-81. Additional Offices Authorized in Certain Counties - History. Code 1933, § 24-1714(a), enacted by Ga. L. 1976,...
§ 15-9-82. Terms of Court; Place for Court - History. Ga. L. 1851-52, p. 91, § 8; Code 1863,...
§ 15-9-83. Hours for Conducting Business; Official Closings for Legal Holidays and Inclement Weather - History. Ga. L. 1851-52, p. 91, § 7; Code 1863,...
§ 15-9-84. Adjournments - If, for any reason, the judge of the probate court...
§ 15-9-85. Adjournment by Appointed Person - The judge of the probate court may appoint some fit...
§ 15-9-86. Verified Petitions; Notice and Service Thereof - Every application made to the judge of the probate court...
§ 15-9-86.1. Citations and Responsive Pleadings in Certain Types of Proceedings - History. Code 1981, § 15-9-86.1 , enacted by Ga. L....
§ 15-9-87. Contents of Order - The order of the judge of the probate court or...
§ 15-9-88. Objections or Caveats to Order - All objections or caveats to an order sought shall be...
§ 15-9-89. Amendment of Petition and Caveat - The petition and caveat shall be amendable at all times...
§ 15-9-90. Forms for Probate Court; Local Alteration - and if such conditions are satisfied, then such forms shall...
Article 5 - Probate Judges Training Council
§ 15-9-100. Creation of Probate Judges Training Council; Duties of Council - There is established the Probate Judges Training Council. It shall...
§ 15-9-101. “Training Council” Defined; Powers; Bond of Personnel; Audits - History. Ga. L. 1982, p. 1612, § 2; Code 1981,...
§ 15-9-102. Composition; Terms of Office; Vacancies - History. Ga. L. 1982, p. 1612, § 3; Code 1981,...
§ 15-9-103. “Training Council” Defined; Meetings; Officers; Reimbursement of Expenses - History. Ga. L. 1982, p. 1612, § 4; Code 1981,...
§ 15-9-104. Eligibility of Councilmember to Hold Office of Judge of Probate Court - Notwithstanding any other law, a councilmember shall not be ineligible...
Article 6 - Jury Trials and Appeals
§ 15-9-120. [Effective Until July 1, 2023. See note.] Definitions - As used in this article, the term: History. Code 1981,...
§ 15-9-120. [Effective July 1, 2023. See note.] Definitions - As used in this article, the term: History. Code 1981,...
§ 15-9-121. Jury Trials in Civil Cases - History. Code 1981, § 15-9-121 , enacted by Ga. L....
§ 15-9-122. Applicability of Laws and Rules - Unless provided to the contrary by Code Section 9-11-81 or...
§ 15-9-123. Appeal - History. Code 1981, § 15-9-123 , enacted by Ga. L....
§ 15-9-124. Enforcement of Judgments - The general laws and rules applicable to the execution and...
§ 15-9-125. Jurors - All laws with reference to the number, composition, qualifications, impaneling,...
§ 15-9-126. Fees - For services rendered in jury trials, in the probate court’s...
§ 15-9-127. Concurrent Jurisdiction With Superior Courts; Probate Court Jurisdiction - History. Code 1981, § 15-9-127 , enacted by Ga. L....
Article 7 - Probate Court Judges
§ 15-9-140. Jurisdiction of Judges - Except as otherwise provided by law, any judge of a...
§ 15-9-141. Retired Judges; Senior Judge Appointment; Written Request for Assistance - History. Code 1981, § 15-9-141 , enacted by Ga. L....
Article 8 - Prosecuting Attorneys in Probate Courts in Counties in Which There Is No State Court
§ 15-9-150. Requesting District Attorney to Prosecute Criminal Cases; Creation of Prosecuting Attorney Position by Ordinance or Resolution; Appointment of Prosecuting Attorney - History. Code 1981, § 15-9-150 , enacted by Ga. L....
§ 15-9-151. Qualifications of Prosecuting Attorney; Appointment of Assistant District Attorneys - History. Code 1981, § 15-9-151 , enacted by Ga. L....
§ 15-9-152. Oath of Office - History. Code 1981, § 15-9-152 , enacted by Ga. L....
§ 15-9-153. Determining if Prosecuting Attorney Shall Be Full Time or Part Time; Limitations on Private Practice of Law - History. Code 1981, § 15-9-153 , enacted by Ga. L....
§ 15-9-154. Disqualification of Prosecuting Attorney - If the prosecuting attorney of a probate court is disqualified...
§ 15-9-155. Prosecuting Attorney’s Duties; Authority - History. Code 1981, § 15-9-155 , enacted by Ga. L....
§ 15-9-156. Compensation; Reimbursement of Expenses - The prosecuting attorney of a probate court shall be compensated...
§ 15-9-157. Additional Assistant Prosecuting Attorneys, Employees, or Independent Contractors; Duties; Compensation - The prosecuting attorney of a probate court may employ such...
§ 15-9-158. Qualifications of Assistant Prosecuting Attorneys; Assistance by Qualified Law Student or Law School Graduate - History. Code 1981, § 15-9-158 , enacted by Ga. L....