---
title: O.C.G.A. § 53-5-1. Jurisdiction and domicile.
collection: code
id: 53-5-1
cite_as: O.C.G.A. § 53-5-1 (2025)
canonical_url: https://georgiacommons.org/code/53-5-1
md_url: https://georgiacommons.org/code/53-5-1.md
text_url: https://georgiacommons.org/code/53-5-1/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t52-t53-(v40)-2021-pdf.pdf?sfvrsn=d23ba203_0#page=470
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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index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES / PROBATE / GENERAL PROVISIONS
---

# O.C.G.A. § 53-5-1. Jurisdiction and domicile.

(a) The probate court shall have exclusive jurisdiction over the probate of wills.

(b) The county of domicile of the testator at death shall give jurisdiction to the probate court of that county.

(c) The domicile of a testator who was in the care of a nursing home or other similar facility at the time of death shall be presumed to be the county in which the testator was domiciled immediately before entering the nursing home or other facility; provided, however, this presumption may be rebutted. If it is determined by the probate court that the testator considered or, in the absence of an impairment of mental faculties, the testator would have considered the county in which the facility is located to be the testator’s domicile, then for purposes of this Code section that county shall be considered the testator’s county of domicile.

## History

Code 1981, § 53-5-1, enacted by Ga. L. 1996, p. 504, § 10.

## Cross References

Probate courts generally, T. 15, C. 9. Jurisdiction of judge of probate court to grant administration on estates, § 15-9-31.