2021 Georgia Code
Title 15 - Courts
Chapter 9 - Probate Courts
Article 2 - Jurisdiction, Power, and Duties
§ 15-9-47. Default Judgments; Governing Provisions

1. If in any case pending before the probate court an answer, caveat, or other responsive pleading has not been filed within the time required by law or by lawful order of the court, the case shall automatically become in default unless the time for filing the answer, caveat, or other responsive pleading has been extended as provided by law. The petitioner at any time thereafter shall be entitled to verdict and judgment by default, in open court or in chambers, as if every item and paragraph of the petition or other pleadings filed in the matter were supported by proper evidence. At any time before final judgment, the court, in its discretion, upon payment of costs, may allow the default to open for providential cause preventing the filing of required pleadings or for excusable neglect or where the judge, from all the facts, shall determine that a proper case has been made for the default to open, on terms to be fixed by the court. In order for the default to be thus opened, the showing shall be made under oath, shall set up a meritorious defense, shall offer to plead instanter, and shall announce ready to proceed with the hearing in the matter.
2. The provisions of this Code section shall govern in proceedings pertaining to defaults in the probate court, and the provisions of Code Section 9-11-55 shall not be applicable to such proceedings.

(Code 1981, §15-9-47, enacted by Ga. L. 1992, p. 2479, § 1; Ga. L. 2020, p. 377, § 2-16/HB 865.)

The 2020 amendment, effective January 1, 2021, designated the existing provisions as subsection (a), substituted "If" for "Notwithstanding any provisions of Chapter 11 of Title 9, if" at the beginning of subsection (a), and added subsection (b).

- For survey article on wills, trusts, guardianships, and fiduciary administration, see 60 Mercer L. Rev. 417 (2008).

JUDICIAL DECISIONS

Timely objection to amendment of year's support order.

- In a probate matter, a trial court erred by dismissing an executor's objection to the setting aside of certain real property as year's support in favor of an estate as the executor had filed an objection within 15 days of the default order amending the year's support order, pursuant to O.C.G.A. § 9-11-55(a), and by paying costs. The provisions of § 9-11-55(a) relating to the opening of default judgments as a matter of right within 15 days of default applied to a year's support proceedings in probate court. In re Estate of Ehlers, 289 Ga. App. 14, 656 S.E.2d 169 (2007).

- Because the executrix took the decedent's son's deposition and opposed the son's requests for a continuance, and did not seek to dismiss the son's caveat until 15 months after the caveat was untimely filed, the conduct of the executrix was inconsistent with an intent to raise or rely upon a default judgment and it resulted in a waiver of the right to default. In re Estate of Hill, 340 Ga. App. 39, 795 S.E.2d 748 (2016).