2022 Georgia Code
Title 15 - Courts
Chapter 9 - Probate Courts
Article 6 - Jury Trials and Appeals
§ 15-9-127. Concurrent Jurisdiction With Superior Courts; Probate Court Jurisdiction

1. Probate courts subject to this article shall have concurrent jurisdiction with superior courts with regard to the proceedings for:
   1. Declaratory judgments involving fiduciaries pursuant to Code Sections 9-4-4, 9-4-5, 9-4-6, 9-4-8, 9-4-9, and 9-4-11;
   2. Tax motivated estate planning dispositions of wards’ property pursuant to Code Sections 29-3-36 and 29-5-36;
   3. Approval of settlement agreements pursuant to former Code Section 53-3-22 as such existed on December 31, 1997, if applicable; Code Section 53-5-25 or 53-5-27 for which the settlement agreement would affect an interest in real or personal property to be taken by a trust designated in the will; or Code Section 53-12-9;
   4. Adjudication of actions concerning trusts, trustees, and trust directors authorized by the provisions of Chapter 12 of Title 53;
   5. Adjudication of petitions under Code Section 10-6B-16 to construe a power of attorney, review an agent’s conduct, and grant appropriate relief;
   6. Adjudication of petitions under subsection (i) of Code Section 10-6B-40 to grant an agent authority under a power of attorney; and
   7. Adjudication of petitions for direction or construction of a will or trust instrument pursuant to Code Section 23-2-92, 53-4-55, 53-4-56, 53-7-75, or 53-12-27, or other applicable law.
2. In civil cases, probate courts subject to this article may:
   1. Apply equitable principles;
   2. Hear evidence on and decide any contested question; and
   3. Issue such orders as are appropriate under the circumstances.
3. Probate courts subject to this article shall have and may exercise the jurisdiction and authority conferred by subsections (a) and (b) of this Code section to the greatest extent that does not infringe the exclusive jurisdiction of the superior courts pursuant to Article VI, Section IV, Paragraph I of the Constitution of this state.

History. Code 1981, § 15-9-127 , enacted by Ga. L. 1987, p. 912, § 1; Ga. L. 1989, p. 917, § 1; Ga. L. 1991, p. 810, § 7; Ga. L. 1998, p. 128, § 15; Ga. L. 2002, p. 1316, § 9; Ga. L. 2004, p. 161, § 3; Ga. L. 2005, p. 583, § 1/HB 406; Ga. L. 2008, p. 715, § 5/SB 508; Ga. L. 2010, p. 579, § 12/SB 131; Ga. L. 2011, p. 752, § 15/HB 142; Ga. L. 2020, p. 377, § 2-22/HB 865.

The 2020 amendment, effective January 1, 2021, rewrote this Code section, which read: “Probate courts subject to this article shall have concurrent jurisdiction with superior courts with regard to the proceedings for:

“(1) Declaratory judgments involving fiduciaries pursuant to Code Sections 9-4-4, 9-4-5, and 9-4-6;

“(2) Tax motivated estate planning dispositions of wards’ property pursuant to Code Sections 29-3-36 and 29-5-36;

“(3) Approval of settlement agreements pursuant to former Code Section 53-3-22 as such existed on December 31, 1997, if applicable, or Code Section 53-5-25;

“(4) Appointment of new trustee to replace trustee pursuant to Code Section 53-12-201;

“(5) Acceptance of the resignation of a trustee upon written request of the beneficiaries pursuant to Code Section 53-12-220;

“(6) Acceptance of resignation of a trustee upon petition of the trustee pursuant to Code Section 53-12-220;

“(7) Motions seeking an order for disinterment and deoxyribonucleic acid (DNA) testing as provided in Code Section 53-2-27;

“(8) Conversion to a unitrust and related matters pursuant to Code Section 53-12-362; and

“(9) Adjudication of petitions for direction or construction of a will pursuant to Code Section 23-2-92.”

Editor’s notes.

Ga. L. 2004, p. 161, § 16, not codified by the General Assembly, provides that: “all appointments of guardians of the person or property made pursuant to former Title 29 shall continue in effect and shall thereafter be governed by the provisions of this Act.”

Law reviews.

For note on 1989 amendment of this Code section, see 6 Ga. St. U.L. Rev. 342 (1989).

For survey article on wills, trusts, guardianships, and fiduciary administration for the period from June 1, 2002 to May 31, 2003, see 55 Mercer L. Rev. 459 (2003).

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

For article with annual survey on wills, trusts, guardianships, and fiduciary administration, see 73 Mercer L. Rev. 281 (2021).