Ga. Code § 15-9-127

Current through 2023-2024 Legislative Session Chapters 1-597, 604, 609, 612, 696, 697

Section 15-9-127 - Concurrent jurisdiction with superior courts; probate court jurisdiction

(a) 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.

(b) 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.

(c) 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.

OCGA § 15-9-127

Amended by 2020 Ga. Laws 508,§ 2-22, eff. 1/1/2021.

Amended by 2011 Ga. Laws 245,§ 15, eff. 5/13/2011.

Amended by 2010 Ga. Laws 506,§ 12, eff. 7/1/2010.

Amended by 2008 Ga. Laws 685,§ 5, eff. 7/1/2008.

Amended by 2005 Ga. Laws 109,§ 1, eff. 7/1/2005.

Amended by 2004 Ga. Laws 460, § 3, eff. 7/1/2005

Amended by 2002 Ga. Laws 968, § 9, eff. 7/1/2002.