09 LC 29
3789S
House
Bill 495 (COMMITTEE SUBSTITUTE)
By:
Representatives Lane of the
167th,
Maxwell of the
17th,
and Weldon of the
3rd
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating
to probate courts, so as to provide for the filling of vacancies in the office
of judge of the probate court; to provide for the qualifications of certain
judges of the probate court; to provide for the jurisdiction of judges of the
probate court; to update language regarding conservators and guardians; to
provide for related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
9 of Title 15 of the Official Code of Georgia Annotated, relating to probate
courts, is amended by revising subsection (c) of Code Section 15-9-4, relating
to additional eligibility requirements in certain counties, as
follows:
"(c)
A judge of the probate court holding such office on
or
after June 30, 2000, shall continue to
hold such office and shall be allowed to seek reelection for such office.
Notwithstanding the requirement that in certain counties the judge of the
probate court be admitted to practice law for seven years preceding election, no
decision, judgment, ruling or other official action of any judge of the probate
court shall be overturned, denied, or overruled based solely on this requirement
for qualification, election, and holding the office of judge of the probate
court."
SECTION
2.
Said
chapter is further amended by revising subsection (a) of Code Section 15-9-11,
relating to calling of special election to fill vacancy, as
follows:
"(a)
When a vacancy occurs in the office of judge of the probate court in any county,
it shall be the duty of the person who assumes the duties of the judge, as
provided in Code Section 15-9-10, within ten days after the vacancy occurs, to
order a special election for the purpose of filling the vacancy. He
or
she shall give notice of the special
election by publication in the newspaper in which the citations of the judge of
the probate court are published. The special election shall be held in
accordance with Chapter 2 of Title 21.
Notwithstanding
the provisions of this subsection, if the vacancy occurs after January 1 in the
last year of the term of office of the judge of probate court, the person
assuming the duties of the judge of the probate court shall be commissioned for
and shall serve the remainder of the unexpired term of
office."
SECTION
3.
Said
chapter is further amended by revising subsection (a) of Code Section 15-9-30,
relating to subject matter jurisdiction, as follows:
"(a)
Probate courts have authority, unless otherwise provided by law, to exercise
original, exclusive, and general jurisdiction of the following subject
matters:
(1)
The probate of wills;
(2)
The granting of letters testamentary and of administration and the repeal or
revocation of the same;
(3)
All controversies in relation to the right of executorship or
administration;
(4)
The sale and disposition of the property belonging to, and the distribution of,
deceased persons' estates;
(5)
The appointment and removal of guardians of
minors,
conservators of minors, guardians of incapacitated adults, and conservators of
incapacitated adults and persons who are
incompetent because of mental illness or mental retardation;
(6)
All controversies as to the right of guardianship
and
conservatorship, except that the probate
court shall not be an appropriate court to take action under Code Section
19-7-4;
(7)
The auditing and passing of returns of all executors, administrators,
guardians of
property, conservators, and
guardians;
(8)
The discharge of former sureties and the requiring of new sureties from
administrators,
guardians of property, conservators, and
guardians;
(9)
All matters as may be conferred on them by Chapter 3 of Title 37;
(10)
All other matters and things as appertain or relate to estates of deceased
persons and to persons who are incompetent because of mental illness or mental
retardation; and
(11)
All matters as may be conferred on them by the Constitution and
laws."
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.