---
title: O.C.G.A. § 53-7-75. Construction of will by superior court.
collection: code
id: 53-7-75
cite_as: O.C.G.A. § 53-7-75 (2025)
canonical_url: https://georgiacommons.org/code/53-7-75
md_url: https://georgiacommons.org/code/53-7-75.md
text_url: https://georgiacommons.org/code/53-7-75/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=668
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 / ADMINISTRATION OF ESTATES GENERALLY / SETTLEMENT OF ACCOUNTS / ANNUAL RETURNS AND INTERMEDIATE REPORTS
---

# O.C.G.A. § 53-7-75. Construction of will by superior court.

(a) Except as otherwise provided in subsection (b) of this Code section and in paragraph (7) of subsection (a) of Code Section 15-9-127, whenever it appears that a question of construction of a will is involved in the accounting, the probate court, upon its own motion or upon the motion of any party in interest, shall enter an order transferring the accounting to the superior court for the determination of all such questions, which shall be presented to, heard, and determined by the superior court as appeals from the probate court are presented, heard, and determined.

(b) A probate court subject to Article 6 of Chapter 9 of Title 15 shall have jurisdiction over questions of construction of a will involved in the accounting and may determine all such questions without transferring the accounting to the superior court.

(c) The probate court may suspend further proceedings pending a final determination of the questions of construction.

(d) After a final determination of the questions of construction, the probate court shall proceed with the accounting.

## History

Code 1981, § 53-7-75, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 2020, p. 377, § 1-54/HB 865.

The 2020 amendment, effective January 1, 2021, rewrote this Code section, which read: ‘‘The probate court, upon its own motion or upon the motion of any party in interest, whenever it appears that a question of construction of a will is involved in the accounting, shall enter an order transferring the accounting to the superior court for the determination of all such questions, which shall be presented to, heard, and determined by the superior court as appeals from the probate court are presented, heard, and determined. The probate court may suspend further proceedings pending a final decision of the superior court. After a final determination of the questions of construction, the probate court shall proceed with the accounting.’’