2022 Georgia Code
Title 15 - Courts
Chapter 9 - Probate Courts
Article 6 - Jury Trials and Appeals
§ 15-9-120. [Effective July 1, 2023. See note.] Definitions

Universal Citation: GA Code § 15-9-120 (2022)

As used in this article, the term:

  1. “Civil case” means those civil matters:
    1. Over which the judge of the probate court exercises judicial powers;
    2. Within the original, exclusive, or general subject matter jurisdiction of the probate court; and
    3. Which, if not for this article and Code Section 5-6-33, could be appealed to superior court for a de novo investigation with the right to a jury trial under Code Sections 5-3-4 and 5-3-5.
  2. “Probate court” means a probate court of a county having a population of more than 90,000 persons according to the United States decennial census of 2010 or any future such census in which the judge thereof has been admitted to the practice of law for at least seven years.

History. Code 1981, § 15-9-120 , enacted by Ga. L. 1986, p. 982, § 6; Ga. L. 1988, p. 743, § 2; Ga. L. 1988, p. 745, § 2; Ga. L. 1988, p. 746, § 2; Ga. L. 1994, p. 1665, § 2; Ga. L. 2012, p. 683, § 3/HB 534; Ga. L. 2022, p. 767, § 2-8/HB 916.

Delayed effective date.

Code Section 15-9-120 is set out twice in this Code. This version is effective July 1, 2023. For version effective until July 1, 2023, see the preceding version.

The 2022 amendment, effective July 1, 2023, substituted “Code Sections 5-3-4 and 5-3-5” for “Code Sections 5-3-2 and 5-3-29” at the end of subparagraph (1)(C). See Editor’s notes for applicability.

Editor’s notes.

Ga. L. 2022, p. 767, § 3-1/HB 916, not codified by the General Assembly, makes this Code section applicable to petitions for review filed in superior or state court on or after July 1, 2023.

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