Probate and Administration

Georgia Probate Courts have Exclusive Jurisdiction Over The Probate of Wills

In Carpenter v. Carpenter, 276 Ga. 746 (2003), Gloria and Steven Carpenter appealed an order dismissing their Caveat to the Will of Everett “Leroy” Carpenter. The Probate Court had referred the case to Superior Court where the dismissal occurred. In reversing the decision below, the Georgia Supreme Court held “Probate courts have the exclusive jurisdiction over the probate of wills. OCGA § 53-5-1(a).”

The procedure to be followed where a probate court judge is disqualified or unable to act on the probate of a will is set forth in OCGA § 15-9-13, as implemented by Uniform Probate Court Rule 3. That procedure was not followed. If it had been followed then the Superior Court judge would have been authorized to sit over the probate of Leroy’s Will. Since it wasn’t followed, because a superior court lacks subject matter jurisdiction to hear the probate of a will, it follows that the judgment rendered by the superior court here was a nullity and void.

Published by
David McGuffey

Recent Posts

Getting a recorded statement introduced in evidence

Elder law attorneys sometimes find themselves in various types of litigation ranging from guardianship cases,…

1 week ago

2027 Social Security COLA

Today the Social Security Administration announced the Cost of Living Adjustment for next year, posting…

2 weeks ago

Good Lawyers Solve Problems, They Don’t Create Them

Years ago I had the pleasure of knowing Arvin Reingold, a Chattanooga lawyer. He was…

4 weeks ago

Stock Research

When you're looking at investing, there is no substitute for qualified competent advice. Having said…

1 month ago

My Views on Investing

My thoughts on investing may or may not help you. I don't claim to be…

2 months ago

Amount of compensation; multiple conservators; forfeiture; renunciation; O.C.G.A. § 29-5-50

Compensation of the Conservator is generally addressed at O.C.G.A. § 29-5-50. There, the Code provides:…

4 months ago