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Official Code of Georgia Annotated

Title 15. COURTS · Chapter 9. PROBATE COURTS · Article 6. JURY TRIALS AND APPEALS

15-9-120. Definitions.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. As used in this article, the term:

  2. (1)

    “Civil case” means those civil matters:#

    1. (A)

      Over which the judge of the probate court exercises judicial powers;#

    2. (B)

      Within the original, exclusive, or general subject matter jurisdiction of the probate court; and#

    3. (C)

      Which, if not for this article and Code Section 5-6-33, could be appealed to superior court for a de novo investigation with the right to a jury trial under Code Sections 5-3-4 and 5-3-5.#

  3. (2)

    “Probate court” means a probate court of a county having a population of more than 90,000 persons according to the United States decennial census of 2010 or any future such census in which the judge thereof has been admitted to the practice of law for at least seven years.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 15-9-120, enacted by Ga. L. 1986, p. 982, § 6; Ga. L. 1988, p. 743, § 2; Ga. L. 1988, p. 745, § 2; Ga. L. 1988, p. 746, § 2; Ga. L. 1994, p. 1665, § 2; Ga. L. 2012, p. 683, § 3/HB 534; Ga. L. 2022, p. 767, § 2-8/HB 916.

Amendments

The 2022 amendment, effective July 1, 2023, substituted “Code Sections 5-3-4 and 5-3-5” for “Code Sections 5-3-2 and 5-3-29” at the end of subparagraph (1)(C). See Editor’s notes for applicability.

Editor's notes

Ga. L. 2022, p. 767, § 3-1/HB 916, not codified by the General Assembly, makes this Code section applicable to petitions for review filed in superior or state court on or after July 1, 2023.

Law reviews

For article with annual survey on wills, trusts, guardianships, and fiduciary administration, see 73 Mercer L. Rev. 281 (2021).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t15-ch1-11a-(v13)-pdf.pdf, Volume V13, 2020 edition, 2025 supplement, page 105; merge action: replaced; file SHA-256 d86fd6e4449f.