Probate Courts in Georgia

Jurisdiction

Probate Courts in Georgia are courts of limited but exclusive jurisdiction over the:

• Probate of wills and the administration of estates of deceased persons
• Appointment of guardians of the person and property of incapacitated adults
• Appointment of guardians of the property of minors
• Appointment, in certain circumstances, of guardians of the person of minors
• Commitment for involuntary treatment of persons addicted to drugs or alcohol and/or suffering from mental illness

Limited Jurisdiction

• Probate Courts also issue certain licenses and permits and perform certain administrative duties.
• In many counties, the Probate Court exercises limited criminal jurisdiction including traffic cases and game and fish violations.
• Some Probate Judges also serve as the Elections Superintendent and/or Vital Records Custodian for their counties.
• In certain counties, the Probate Judge is also the Magistrate Court Judge.

Enhanced or Expanded Jurisdiction

The Probate Court of Carroll County is an Article 6 Probate Court (Title 15, Chapter 9, Article 6, Official Code of Georgia Annotated) and has an enhanced or expanded jurisdiction. Under Article 6, which applies in counties having a population of 96,000 or more, the Probate Judge must be a licensed attorney with experience and qualifications equal to those for serving in the Superior Courts of Georgia.

Article 6 Probate Courts have certain concurrent jurisdiction with the Superior Courts and may conduct jury trials in issues properly before the court. Appeals from Article 6 Probate Courts are directed to the Court of Appeals or the Supreme Court, as appropriate.

Georgia Probate Court Standard Forms

Many of the procedures filed in the Probate Courts in Georgia are by use of the Georgia Probate Court Standard Forms. Not all proceedings have a standard form applicable to them. All Georgia Probate Court Standard Forms are available in each Probate Court. These forms are also available on the Georgia Probate Court website.