2021 Georgia Code
Title 15 - Courts
Chapter 9 - Probate Courts
Article 4 - Time, Place, and Procedure
§ 15-9-82. Terms of Court; Place for Court

1. The probate court shall be held at the place prescribed for the superior court or in the office of the judge of the probate court in each county, by the judge thereof, on the first Monday in January, April, July, and October and shall continue in session from day to day as the business of the court may require. If the first Monday in a given term should happen to fall on a legal holiday, the probate courts throughout this state shall convene on the following day.
2. Nothing in this Code section shall be construed to restrict the judge of the probate court from having the authority to engage in any judicial act which he or she is lawfully entitled to perform, regardless of where the judge is located when the act is performed.

(Ga. L. 1851-52, p. 91, § 8; Code 1863, §§ 305, 4011; Code 1868, §§ 365, 4040; Code 1873, §§ 330, 4111; Code 1882, §§ 330, 4111; Civil Code 1895, §§ 4231, 4251; Civil Code 1910, §§ 4789, 4809; Ga. L. 1921, p. 117, § 1; Code 1933, § 24-2101; Ga. L. 1953, Jan.-Feb. Sess., p. 520, § 1; Ga. L. 1961, p. 461, § 1; Ga. L. 2008, p. 715, § 3/SB 508; Ga. L. 2021, p. 423, § 1-4/HB 635.)

The 2021 amendment, effective May 4, 2021, designated the existing provisions of this Code section as subsection (a) and added subsection (b).

- Authority of superior court judges, § 15-6-16.

Authority of state court judges, § 15-7-4.

Authority of probate court judges, § 15-9-30.

JUDICIAL DECISIONS

Cannot reinstate caveat at subsequent term of court.

- If one who has filed a caveat to an application for a year's support and at the first term of the court voluntarily dismisses the claim, and moves at the second or third term thereafter to have the caveat reinstated on the sole ground that the claim had been dismissed "inadvertently and through mistake," it is error to grant such motion over timely objection by the applicant. Bowman v. Bowman, 79 Ga. App. 240, 53 S.E.2d 244 (1949).

Cited in Campbell v. Atlanta Coach Co., 58 Ga. App. 824, 200 S.E. 203 (1938); Henderson v. Hale, 209 Ga. 307, 71 S.E.2d 622 (1952); Saturday v. Saturday, 113 Ga. App. 251, 147 S.E.2d 798 (1966); Johnson v. Barnes, 237 Ga. 502, 229 S.E.2d 70 (1976).

RESEARCH REFERENCES

Am. Jur. 2d.

- 20 Am. Jur. 2d, Courts, § 16 et seq.

- Validity of court's judgment rendered on Sunday or holiday, 85 A.L.R.2d 595.