Georgia Commons

Official Code of Georgia Annotated

Title 15. COURTS · Chapter 9. PROBATE COURTS · 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.

Active

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

  1. (a)

    Probate courts have authority, unless otherwise provided by law, to exercise original, exclusive, and general jurisdiction of the following subject matters:#

    1. (1)

      The probate of wills;#

    2. (2)

      The granting of letters testamentary and of administration and the repeal or revocation of the same;#

    3. (3)

      All controversies in relation to the right of executorship or administration;#

    4. (4)

      The sale and disposition of the property belonging to, and the distribution of, deceased persons’ estates;#

    5. (5)

      The appointment and removal of guardians of minors, conservators of minors, guardians of incapacitated adults, and conservators of incapacitated adults and persons who are incompetent because of mental illness or intellectual disability;#

    6. (6)

      All controversies as to the right of guardianship and conservatorship, except that the probate court shall not be an appropriate court to take action under Code Section 19-7-4;#

    7. (7)

      The auditing and passing of returns of all executors, administrators, guardians of property, conservators, and guardians;#

    8. (8)

      The discharge of former sureties and the requiring of new sureties from administrators, guardians of property, conservators, and guardians;#

    9. (9)

      All matters as may be conferred on them by Chapter 3 of Title 37;#

    10. (10)

      All matters as may be conferred on them by Chapter 13 of Title 53;#

    11. (11)

      All other matters and things as appertain or relate to estates of deceased persons and to persons who are incompetent because of mental illness or intellectual disability; and#

    12. (12)

      All matters as may be conferred on them by the Constitution and laws.#

  2. (b)

    In addition to the jurisdiction granted in subsection (a) of this Code section and unless otherwise provided by law, the probate courts shall have the power to carry out the following duties as assigned by specific laws:#

    1. (1)

      Perform county governmental administration duties;#

    2. (2)

      Fill vacancies in public offices by appointment;#

    3. (3)

      Administer oaths to public officers;#

    4. (4)

      Accept, file, approve, and record bonds of public officers;#

    5. (5)

      Register and permit certain enterprises;#

    6. (6)

      Issue marriage licenses;#

    7. (7)

      Hear traffic cases;#

    8. (8)

      Hear cases of violations of game and fish laws;#

    9. (9)

      Hold criminal commitment hearings; and#

    10. (10)

      Perform such other judicial and ministerial functions as may be provided by law.#

  3. (c)

    To assure proper administration of the court’s duties, the judge of the probate court of each county shall be furnished a copy of the Official Code of Georgia Annotated and annual supplements to the Code to keep it current. The costs of such Code and maintenance thereof shall be paid by the governing authority of each such county from the county library fund, if sufficient, otherwise any additional amount required shall be paid from the general funds of the county.#

  4. (d)

    Each judge of the probate court shall have authority to perform any judicial act which he or she is lawfully entitled to perform, regardless of where such judge is located when such judicial act is performed.#

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

Laws 1799, Cobb’s 1851 Digest, p. 281.; Laws 1810, Cobb’s 1851 Digest, p. 283.; Ga. L. 1851-52, p. 91, § 1; Ga. L. 1855-56, p. 147, § 1; Code 1863, § 306; Code 1868, § 366; Code 1873, § 331; Code 1882, § 331; Civil Code 1895, § 4232; Civil Code 1910, § 4790; Code 1933, § 24-1901; Ga. L. 1969, p. 505, § 2; Ga. L. 1982, p. 1369, §§ 1, 3; Ga. L. 1982, p. 1502, § 1; Ga. L. 1988, p. 745, § 1; Ga. L. 2009, p. 827, § 4/HB 495; Ga. L. 2015, p. 385, § 4-15/HB 252; Ga. L. 2018, p. 356, § 1-19/SB 436; Ga. L. 2018, p. 1089, § 4/SB 301; Ga. L. 2021, p. 423, § 1-3/HB 635; Ga. L. 2024, p. 689, § 1/SB 212, effective January 1, 2025.

Amendments

The 2021 amendment, effective May 4, 2021, added subsection (d). The 2024 amendment, effective January 1, 2025, deleted former paragraph (b)(2), which read: “Perform duties relating to elections” and redesignated former paragraphs (b)(3) through (b)(11) as present paragraphs (b)(2) through (b)(10), respectively.

Cross references

Authority of superior court judges, § 15-6-16. Authority of state court judges, § 15-7-4. Authority of magistrate to act, § 15-10-2.

Law reviews

For article, “Guardianship and Conservatorship 101,” see 28 Ga. St. B.J. 16 (December 2022).

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, pages 94 to 96; merge action: replaced; file SHA-256 d86fd6e4449f.

Ask about this section

The answer is drawn from this section and, when they fit, the other sections of its chapter. It quotes the text and names the section for each claim. Not legal advice.

Answers come from this document. Not legal advice.

O.C.G.A. § 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. | Georgia Commons