Ga. R. Prob. Ct. 12.1

As amended through April 15, 2024
Rule 12.1 - Appeals - preparation of record
(A) Non-Article 6 Probate Courts

The record which is transmitted to the superior court in connection with any de novo appeal from the probate court shall include certified copies of all documents which will be recorded in the official record books of the probate court. In addition, a certified copy of any alleged will which is denied probate will be transmitted even though it will not be recorded on the probate court records. No exhibits, transcripts of hearings, depositions, interrogatories, notices to produce documents, or any other materials which reflect the evidence presented in the probate court shall be transmitted to the superior court in connection with a de novo appeal. Instead, any such materials in the possession of the court (other than documents required by law to be kept on file with the probate court) shall be returned to the attorney who presented them, if the probate court is requested to do so or does so on its own motion, and the attorney may then present them at the superior court hearing if he desires.

(B) Article 6 Probate Courts

The record which is transmitted to the appropriate appellate court on appeal shall be prepared in the same manner as appeals from the superior court are prepared, as nearly as practicable.

(C) Fees for Article 6 Probate Courts

The judge shall be entitled to the same fee as the clerk of the superior court as provided by law for services rendered in jury trials and in appeals to the Supreme Court or Court of Appeals if said fee is not prescribed by OCGA § 15-9-60.

Ga. R. Prob. Ct. 12.1