HB 180: Probate courts; modify certain requirements for probate judges

Current Georgia law (O.C.G.A. § 15-9-4) says that in counties with more than 90,000 people, 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 of the State Bar of Georgia by the time of the election. House Bill 180 moves that deadline earlier, to the time the candidate qualifies to run, rather than the day of the election itself. The bill also requires each candidate covered by this rule to file a supplemental sworn affidavit, separate from the general candidate affidavit already required under O.C.G.A. § 15-9-2, affirming that they meet the age, legal experience, and bar membership requirements. This affidavit must be filed with the qualifying officer before or at the time the candidate qualifies for the race. The bill keeps in place an existing protection that shields sitting probate judges from having their rulings overturned solely because of this qualification requirement, and it repeals conflicting laws.

• Moves the deadline for probate judge candidates to meet age, legal experience, and bar membership requirements from election day to the time of candidate qualification.
• Requires candidates for probate judge in counties over 90,000 population to file a new supplemental affidavit affirming they meet these requirements.
• Specifies the supplemental affidavit must be filed with the qualifying officer before or at the time of qualifying, separate from the general candidacy affidavit already required by law.
• Preserves the existing rule that a probate judge's official actions cannot be overturned solely because of a dispute over this seven-year legal practice requirement.
• Repeals any other Georgia laws that conflict with these changes.

Candidates for probate judge in Georgia counties with more than 90,000 residents (as of the 2010 census or later), sitting probate judges in those counties, county election qualifying officers who receive the new affidavits, and residents who rely on probate courts for wills, estates, and guardianships.

By requiring candidates to prove their qualifications when they qualify to run rather than by election day, the bill aims to catch ineligible candidates earlier in the election process. The new affidavit gives officials a documented, sworn record of a candidate's eligibility before voters cast ballots.

• Section 1 amends O.C.G.A. § 15-9-4(b)(1), changing the compliance deadline for age, legal practice, and bar membership requirements from 'at the time of election' to 'at the time of qualification' for probate judge candidates in counties over 90,000 people.
• Section 1 reorganizes the three requirements into lettered subparagraphs (A), (B), and (C): 30 years of age, seven years admitted to practice law, and good standing with the State Bar of Georgia.
• Section 1 adds new paragraph (b)(2), requiring a supplemental affidavit affirming these qualifications, filed with the qualifying officer before or at the time of qualifying, in addition to the existing affidavit required under O.C.G.A. § 15-9-2(a)(2).
• Subsection (c) is unchanged and continues to protect sitting probate judges from having rulings overturned solely due to disputes over the seven-year practice requirement.
• Section 2 repeals any conflicting laws.

1. 2025-07-01Effective Date
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 Paul Smith (R, HD-18)Primary sponsor
• Mitchell Scoggins (R, HD-14)
• Trey Kelley (R, HD-16)
• Soo Hong (R, HD-103)
• Stan Gunter (R, HD-8)
• Stacey Evans (D, HD-57)
• Bo Hatchett (R, SD-50)

1. PassedHouse voteMarch 4, 2025

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

   PASSAGE: House Vote #163

2. PassedSenate voteApril 2, 2025

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

   PASSAGE: Senate Vote #391

• probate courts
• judicial qualifications
• election candidacy rules
• local government law