§ 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 § 15-9-30

• Jurisdiction: Georgia
• Title: 15

Text

(a) Probate courts have authority, unless otherwise provided by law, to exercise original, exclusive, and general jurisdiction of the following subject matters: (1) The probate of wills; (2) The granting of letters testamentary and of administration and the repeal or revocation of the same; (3) All controversies in relation to the right of executorship or administration; (4) The sale and disposition of the property belonging to, and the distribution of, deceased persons' estates; (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) 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) The auditing and passing of returns of all executors, administrators, guardians of property, conservators, and guardians; (8) The discharge of former sureties and the requiring of new sureties from administrators, guardians of property, conservators, and guardians; (9) All matters as may be conferred on them by Chapter 3 of Title 37; (10) All matters as may be conferred on them by Chapter 13 of Title 53; (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) All matters as may be conferred on them by the Constitution and laws. (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) Perform county governmental administration duties; (2) Fill vacancies in public offices by appointment; (3) Administer oaths to public officers; (4) Accept, file, approve, and record bonds of public officers; (5) Register and permit certain enterprises; (6) Issue marriage licenses; (7) Hear traffic cases; (8) Hear cases of violations of game and fish laws; (9) Hold criminal commitment hearings; and (10) Perform such other judicial and ministerial functions as may be provided by law. (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. (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.

Legislative History

Amended by 2024 Ga. Laws 580,§ 1, eff. 1/1/2025. Amended by 2021 Ga. Laws 202,§ 1-3, eff. 5/4/2021. Amended by 2018 Ga. Laws 560,§ 4, eff. 7/1/2018. Amended by 2018 Ga. Laws 405,§ 1-19, eff. 7/1/2018. Amended by 2015 Ga. Laws 70,§ 4-15, eff. 7/1/2015. Amended by 2009 Ga. Laws 177,§ 4, eff. 7/1/2009.