---
title: O.C.G.A. § 23-4-33. Decree in will or contract matters; consent of guardian or guardian ad litem.
collection: code
id: 23-4-33
cite_as: O.C.G.A. § 23-4-33 (2025)
canonical_url: https://georgiacommons.org/code/23-4-33
md_url: https://georgiacommons.org/code/23-4-33.md
text_url: https://georgiacommons.org/code/23-4-33/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t22-t23-(v19)-pdf.pdf?sfvrsn=97b2c4_0#page=20
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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previous: https://georgiacommons.org/code/23-4-32.md
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index: https://georgiacommons.org/code/index.md
version: Effective July 1, 2026.
in_force: true
other_versions:
  - version: Effective until July 1, 2026.
    in_force: false
    md_url: https://georgiacommons.org/code/23-4-33.md?version=until+July+1%2C+2026
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: EQUITY / EQUITY PROCEDURE / DECREES
extraction_warnings:
  - bound_version_dropped:None
---

# O.C.G.A. § 23-4-33. Decree in will or contract matters; consent of guardian or guardian ad litem.

When it becomes impossible to carry out any last will and testament in whole or in part, and in all matters of contract, the judges of the superior courts, the judge of the Georgia State-wide Business Court, and the judge of the Georgia Tax Court in matters of contract only, shall have power to render any decree that may be necessary and legal, provided that all parties in interest shall consent thereto in writing and there shall be no issue as to the facts or, if there is such an issue, that there shall be a like consent in writing that the judge presiding may hear and determine such facts, subject to a review on appeal, as in other cases. In all cases where minors are interested, the consent of the guardian at law or the guardian ad litem shall be obtained before the decree is rendered.

## History

Ga. L. 1865-66, p. 221, § 1; Code 1868, § 4155; Code 1873, § 4214; Code 1882, § 4214; Ga. L. 1882-83, p. 69, § 1; Civil Code 1895, § 4855; Civil Code 1910, § 5428; Code 1933, § 37-1205; Ga. L. 2016, p. 883, § 3-8/HB 927; Ga. L. 2019, p. 845, § 3-6/HB 239; Ga. L. 2024, p. 888, § 2-10/HB 1267, effective July 1, 2026.

## Editor's Notes

Ga. L. 2024, p. 888, § 4-1(a)/HB 1267, not codified by the General Assembly, provides that the 2024 amendments to this Code section shall only become effective on July 1, 2026, upon the ratification of a resolution at the November, 2024, state-wide general election that amends the Constitution so as to authorize the General Assembly to provide by general law for the establishment of the Georgia Tax Court with state-wide jurisdiction. If such a resolution is not so ratified, then the amendments to this Code section shall not become effective and shall stand repealed on January 1, 2025. The constitutional amendment proposed in Ga. L. 2024, p. 1189 was approved by a majority of the qualified voters voting at the general election held on November 5, 2024.

## Amendments

The 2024 amendment, effective July 1, 2026, in the first sentence, deleted “and” following “superior courts,” and inserted “, and the judge of the Georgia Tax Court”.

## Delayed Effective Date

Code Section 23-4-33 is set out twice in this Code. This version is effective July 1, 2026. For version effective until July 1, 2026, see the preceding version.