--- title: HB 180. Probate courts; modify certain requirements for probate judges collection: bills id: 2025-2026/hb180 cite_as: HB 180, 2025-2026 Regular Session (Ga.) canonical_url: https://georgiacommons.org/bills/2025-2026/hb180 md_url: https://georgiacommons.org/bills/2025-2026/hb180.md text_url: https://georgiacommons.org/bills/2025-2026/hb180/text source_url: https://www.legis.ga.gov/legislation/69659 date: 2025-05-14 status: passed corpus_version: bills-2026-08-28 license: Public record of the Georgia General Assembly, via LegiScan; see about.md publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice. up: https://georgiacommons.org/bills/2025-2026.md previous: https://georgiacommons.org/bills/2025-2026/hb179.md next: https://georgiacommons.org/bills/2025-2026/hb181.md index: https://georgiacommons.org/bills/index.md omitted: votes and history omitted_chars: 947 omitted_url: https://georgiacommons.org/bills/2025-2026/hb180.md?full=1 bill_number: HB 180 session: 2025-2026 Regular Session session_slug: 2025-2026 chamber: House bill_type: bill status_date: 2025-05-14 last_action: Effective Date 2025-07-01 sponsors: - Tyler Smith - Mitchell Scoggins - Trey Kelley - Soo Hong - Stan Gunter - Stacey Evans - Bo Hatchett text_version: Enrolled has_text: true legiscan_url: https://legiscan.com/GA/bill/HB180/2025 upstream_id: 1947487 summaries_model: claude-sonnet-5 topic_tags: - probate courts - judicial qualifications - local government - judges - Georgia courts --- # HB 180. Probate courts; modify certain requirements for probate judges ## Text 25 LC 48 1401/AP House Bill 180 (AS PASSED HOUSE AND SENATE) By: Representatives Smith of the 18th, Scoggins of the 14th, Kelley of the 16th, Hong of the 103rd, Gunter of the 8th, and others A BILL TO BE ENTITLED AN ACT To amend Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to1 probate courts, so as to modify certain requirements for probate judges; to provide for related2 matters; to repeal conflicting laws; and for other purposes.3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:4 SECTION 1.5 Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts,6 is amended by revising Code Section 15-9-4, relating to additio nal judicial eligibility7 requirements in certain counties, as follows:8 "15-9-4.9 (a) No individual elected judge of the probate court in any co unty provided for in this10 Code section shall engage in the private practice of law.11 (b)(1) Except as otherwise provided by subsection (c) of this Code section, in any county12 of this state having a population of more than 90,000 persons a ccording to the United13 States decennial census of 2010 or any future such census and in which the probate court14 of such county meets the definition of a probate court as provi ded by Article 6 of this15 H. B. 180 - 1 - 25 LC 48 1401/AP chapter, no individual shall be judge of the probate court unle ss at the time of election16 qualification, in addition to the qualifications required by law, he or she:17 (A) Has has attained the age of 30 years,;18 (B) Has has been admitted to practice law for seven years; and preceding election,19 (C) Is is a member in good standing with the State Bar of Georgia, and has been duly20 reinstated to the practice of law in the event of his or her disbarment therefrom.21 (2) In addition to and not in lieu of the affidavit required t o be filed at qualification22 pursuant to paragraph (2) of subsection (a) of Code Section 15- 9-2, each individual23 offering as a candidate for the office of judge of the probate court in any county of this24 state to whom paragraph (1) of this subsection is applicable sh all file a supplemental25 affidavit with the officer before whom such individual has qualified to seek the office of26 judge of the probate court prior to or at the time of qualifyin g as a candidate. The27 supplemental affidavit shall affirm that the individual meets all the qualifications required28 by subparagraphs (A), (B), and (C) of paragraph (1) of this subsection.29 (c) A judge of the probate court holding such office on or aft er June 30, 2000, shall30 continue to hold such office and shall be allowed to seek reele ction for such office. 31 Notwithstanding the requirement that in certain counties the judge of the probate court be32 admitted to practice law for seven years preceding election, no decision, judgment, ruling,33 or other official action of any judge of the probate court shal l be overturned, denied, or34 overruled based solely on this requirement for qualification, election, and holding the office35 of judge of the probate court."36 SECTION 2.37 All laws and parts of laws in conflict with this Act are repealed.38 H. B. 180 - 2 - ## Summaries written by Georgia Commons The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary. House Bill 180 changes the eligibility rules for probate court judges in Georgia's larger counties, clarifying the requirement to have practiced law for seven years and protecting past rulings from being overturned on that basis. ### Plain-language summary 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. ### What it does - 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. ### Who it affects 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. ### Why it matters 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. ### Key provisions - 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. ## Status - Status: Passed (2025-05-14) - Last action: Effective Date 2025-07-01 (2025-05-14) - Sponsors: Tyler Smith, Mitchell Scoggins, Trey Kelley, Soo Hong, Stan Gunter, Stacey Evans, Bo Hatchett - Official page: https://www.legis.ga.gov/legislation/69659 > The history, votes, and amendments (947 characters) are at https://georgiacommons.org/bills/2025-2026/hb180.md?full=1