HB180: HB180 Probate courts; modify certain requirements for probate judges

Georgia law already requires that in counties with more than 90,000 people (based on the 2010 census), a candidate for probate judge must be at least 30 years old, have practiced law for seven years, and be a member in good standing with the State Bar of Georgia. House Bill 180 rewrites this section of law (O.C.G.A. § 15-9-4) to restate these qualifications and keeps the requirement that candidates file a supplemental affidavit confirming they meet them. The bill also adds a new protection: any probate judge who held office on or after June 30, 2000 can keep serving and run for reelection, and no ruling or official action by a probate judge can be thrown out solely because that judge did not meet the seven-year law practice requirement. The bill repeals any conflicting laws and does not list a delayed effective date beyond the standard process.

• Restates that probate judges in counties with more than 90,000 people must be at least 30 years old, have practiced law for seven years, and be a State Bar member in good standing.
• Keeps the requirement that qualifying candidates file a supplemental affidavit affirming they meet these qualifications before or at the time they qualify to run.
• Adds a new rule protecting sitting probate judges who held office on or after June 30, 2000, letting them continue serving and run for reelection.
• Bars courts from overturning a probate judge's rulings or official actions solely because the judge lacked the seven-year law practice requirement.
• Repeals any other Georgia laws that conflict with these changes.

This bill affects probate court judges and candidates for probate judge in Georgia counties with populations over 90,000, county election qualifying officers who handle candidate affidavits, and anyone whose case has been decided by a probate judge whose legal qualifications might otherwise be challenged.

By shielding past and future probate court rulings from being overturned based solely on a judge's lack of seven years of law practice, the bill gives more legal certainty to decisions already made in larger counties' probate courts and to judges currently serving there.

• Section 1 revises O.C.G.A. § 15-9-4 to restate the age, law-practice, and State Bar membership qualifications for probate judges in counties over 90,000 people.
• Section 1 preserves the requirement for a supplemental affidavit confirming a candidate meets these qualifications, filed with the qualifying officer.
• Subsection (c) allows any probate judge holding office on or after June 30, 2000 to continue in office and seek reelection.
• Subsection (c) prohibits overturning any probate judge's decision, judgment, ruling, or official action based solely on the seven-year law practice qualification requirement.
• Section 2 repeals conflicting laws.

1. 2025-05-14Effective Date 2025-07-01
2. 2025-05-14Act 253
3. 2025-05-14House Date Signed by Governor (House)
4. 2025-04-08House Sent to Governor (House)
5. 2025-04-02Senate Passed/Adopted (Senate)
6. 2025-04-02Senate Third Read (Senate)
7. 2025-03-13Senate Read Second Time (Senate)
8. 2025-03-11Senate Committee Favorably Reported (Senate)

• Tyler Smith (R, HD-018)Primary sponsor
• Mitchell Scoggins (R, HD-014)
• Trey Kelley (R, HD-016)
• Soo Hong (R, HD-103)
• Stan Gunter (R, HD-008)
• Stacey Evans (D, HD-057)
• Bo Hatchett (R, SD-050)

1. PassedHouse voteMarch 4, 2025

   171 yea, 0 nay (4 not voting, 5 absent)

   Passage: House Vote #163

2. PassedSenate voteApril 2, 2025

   48 yea, 2 nay (3 not voting, 3 absent)

   Passage: Senate Vote #391

• probate courts
• judicial qualifications
• local government
• judges
• Georgia courts