O.C.G.A.
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
(a) Either party to a civil case in the probate court shall have the right of appeal to the Supreme Court or the Court of Appeals from any decision made by the probate court, except an order appointing a temporary administrator or an order appointing an emergency guardian or emergency conservator, as provided by Chapter 6 of Title 5. (b) The general laws and rules of appellate practice and procedure that are applicable to cases appealed from the superior courts of this state shall be applicable to and govern appeals of civil cases from the probate courts.
History
Code 1981, § 15-9-123, enacted by Ga. L. 1986, p. 982, § 6; Ga. L. 2020, p. 377, § 2-20/HB 865. Delayed effective date. - This Code section, as set out above, becomes effective January 1, 2021. For version of this Code section in effect until January 1, 2021, see the 2020 amendment note. The 2020 amendment, effective Janu-
ary 1, 2021, inserted ‘‘from any decision made by the probate court, except an order appointing a temporary administrator or an order appointing an emergency guardian or emergency conservator’’ in the middle of subsection (a) and substituted ‘‘that’’ for ‘‘which’’ near the beginning of subsection (b).
Annotations
JUDICIAL DECISIONS Claims filed after effective date. - Although O.C.G.A § 15-9-120 et seq. is effective for all cases filed on or after July 1, 1986, a petition filed prior to July 1, 1986, predated that date even though some of the claims were filed after that date; hence, jurisdiction of the appeal lay with the superior court, not the supreme court. Porter v. Frazier, 257 Ga. 614, 361 S.E.2d 825 (1987); Walker v. Yarus, 258 Ga. 346, 369 S.E.2d 32 (1988). Cited in Lawhorne v. Horace, 188 Ga.
App. 427, 373 S.E.2d 263 (1988); Bosma v. Gunter, 258 Ga. 664, 373 S.E.2d 368 (1988); Beals v. Beals, 203 Ga. App. 81, 416 S.E.2d 301 (1992); In re Estate of Dasher, 259 Ga. App. 201, 575 S.E.2d 921 (2002); In re Estate of Taylor, 270 Ga. App. 807, 608 S.E.2d 299 (2004); In the Interest of J.R.R., 281 Ga. 662, 641 S.E.2d 526 (2007); Montgomery v. Montgomery, 287 Ga. App. 77, 650 S.E.2d 754 (2007); Mays v. Rancine-Kinchen, 291 Ga. 283, 729 S.E.2d 321 (2012).
OPINIONS OF THE ATTORNEY GENERAL Appointment of emergency guardian pending appeal. - Under O.C.G.A. § 29-5-11(d), the probate courts, which are authorized to hold jury trials under Ga. L. 1986, p. 982, will not be authorized to appoint an emergency guardian pending appeal. 1986 Op. Att’y Gen. No. U86-18.
Appeal of an order of emergency guardianship under O.C.G.A. § 29-5-11, which can be considered a ‘‘final order,’’ will act as a supersedeas upon payment of the costs by the appellant. 1986 Op. Att’y Gen. No. U86-18.
Notes of Decisions
Cited in
48
cases (
28 in the last 5 years), 1987–2026 · leading case:
Ellis v. Johnson, 728 S.E.2d 200 (Ga. 2012).
Ellis v. Johnson, 728 S.E.2d 200 (Ga. 2012).
· cites it 4× “uently, administer the most estates”; the requirement that probate judges be lawyers who have practiced for seven years (the same qualification as superior court judges, see OCGA § 15-6-4) ensures that the right to a jury trial will be “adequately protected in those counties”;…”
Barmore v. Himebaugh, 410 S.E.2d 46 (Ga. Ct. App. 1991).
· cites it 4× “Although in 1986 the language of that statute was changed to remove the term probate court specifically and the appeals process was modified to allow certain direct appeals to this court and the supreme court from probate cases, OCGA § 15-9-123, certain probate matters still…”
In Re Est. of Sims, 540 S.E.2d 650 (Ga. Ct. App. 2000).
· cites it 2× “See also OCGA § 15-9-123 (b) (general laws and rules of appellate practice and procedure applicable to cases from superior courts applicable to civil appeals from probate courts).”
In Re Fennell, 686 S.E.2d 467 (Ga. Ct. App. 2009).
· cites it 4× “She also argues in the alternative that even if appointment of a conservator was not error, the probate court erred by failing to appoint her as the conservator.”
McBride v. Jones, 494 S.E.2d 319 (Ga. 1998).
· cites it 2× “Caveator filed a direct appeal to this Court as permitted under OCGA § 15-9-123. The sole issue is whether the probate court properly allowed a duplicate copy of the will to be admitted to record and probated in solemn form.”
O'Regan v. Brennan, 418 S.E.2d 389 (Ga. Ct. App. 1992).
· cites it 2× “Pursuant to OCGA § 15-9-123 (a), appellant appeals directly to this court and raises only the general grounds.”
Sardy v. Hodge, 448 S.E.2d 355 (Ga. 1994).
· cites it 2× “Absent an adjudication of paternity during the testator’s lifetime or an intention by the testator to include Sardy within the class of “children” in his will (neither of which was established), Sardy has no inheritance rights under applicable law. Judgment affirmed. All the…”
Beals v. Beals, 416 S.E.2d 301 (Ga. Ct. App. 1992).
· cites it 2× “See also OCGA § 15-9-123. 1. Appellant contends in her first enumeration of error that the probate court erred in finding that a common law marriage existed between the deceased and appellee.”
In the Interest of E. P. M., 377 S.E.2d 535 (Ga. Ct. App. 1989).
· cites it 2× “, effective July 1, 1986, appeals of “civil cases” as defined in OCGA § 15-9-120 (1) from certain probate courts as defined in subsection (2) of that statute are no longer de novo in the superior court but instead either party has the right of appeal to the Supreme Court and…”
Wausau Ins. v. King, 381 S.E.2d 574 (Ga. Ct. App. 1989).
· cites it 2× “This court has jurisdiction pursuant to OCGA § 15-9-123, the case having been filed in the probate court after July 1, 1986.”
Montgomery v. Montgomery, 650 S.E.2d 754 (Ga. Ct. App. 2007).
· cites it 2× “12 OCGA§ 15-9-123. 13 OCGA§ 5-3-2. 14 OCGA§ 5-3-29.”
Calvin G. Mabvurunge v. Felicitas Katsande (Ga. Ct. App. 2024).
· cites it 12× “have standing to appeal the probate court’s order pursuant to OCGA § 15-9-123 (a) because he was not a “party” to the probate court proceeding.”
— 15-9-123(a) — 4 cases
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