Madison County Probate Court, Georgia

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The Madison County Probate Court resides in Georgia. Click on the links below to learn more about the court's...

* Jurisdiction
* Selection method

## Contents

* 1 Jurisdiction
* 2 Selection method
* 2.1 Judicial elections in Georgia
* 2.2 Primary election
* 2.3 Runoff election
* 3 See also
* 4 External links
* 5 Footnotes

## Jurisdiction[edit]

This court holds the following jurisdiction:[1]

“  | 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 intellectual disability;
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 matters as may be conferred on them by Chapter 13 of Title 53;
11. 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 intellectual disability; and
12. All matters as may be conferred on them by the Constitution and laws.

b. In addition to the jurisdiction granted in subsection (a) of this Code section and unless otherwise provided by law, the probate courts shall have the power to carry out the following duties as assigned by specific laws:

1. Perform county governmental administration duties;
2. Perform duties relating to elections;
3. Fill vacancies in public offices by appointment;
4. Administer oaths to public officers;
5. Accept, file, approve, and record bonds of public officers;
6. Register and permit certain enterprises;
7. Issue marriage licenses;
8. Hear traffic cases;
9. Hear cases of violations of game and fish laws;
10. Hold criminal commitment hearings; and
11. Perform such other judicial and ministerial functions as may be provided by law.[2]

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## Selection method[edit]

See also: Judicial selection in the states

See also: Partisan elections

Judges of the Georgia Probate Courts are each elected to four-year terms.[3] The elections for this court type are contested and may be partisan or nonpartisan. To serve on this court, a judge must be a United States citizen, county resident for at least two years, at least 25 years old, a registered voter, have a high school diploma or equivalent and completion of an initial training course. In counties with populations above 96,000, judges are required to have at least seven years of experience practicing law and be 30 years of age.[4]

### Judicial elections in Georgia[edit]

See also: Georgia judicial elections

Georgia is one of five states that uses nonpartisan elections, partisan elections, and retention elections to determine whether judges should remain on the bench, depending on the court. To read more about how states use judicial elections to select judges across the country, click here.

### Primary election[edit]

Most court elections in Georgia are nonpartisan. Counties may choose to hold partisan elections for probate court positions. There are only judicial primaries for partisan elections.[5]

### Runoff election[edit]

If no candidate receives a majority of the votes in the election (at least 50%+1 of the vote), a runoff election will be held between the two candidates with the most votes.[6]

## See also[edit]

Local Courts

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## External links[edit]

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## Footnotes[edit]

1. ↑ 2020 Georgia Code, "Title 15 - Courts; Chapter 9 - Probate Courts; Article 2 - Jurisdiction, Power, and Duties § 15-9-30. Subject Matter Jurisdiction; Powers and Duties Generally; Copy of Official Code of Georgia Annotated Furnished for Each Judge," accessed May 11, 2023
2. ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
3. ↑ New Georgia Encyclopedia, "Judicial Branch: Overview," June 5, 2014
4. ↑ American Judicature Society, "Methods of Judicial Selection: Georgia; Limited Jurisdiction Courts," archived October 2, 2014
5. ↑ Georgia Secretary of State, "Election Law In Georgia: What City And County Attorneys Need To Know" September 2008 Scroll to p. 4
6. ↑ O.C.G.A. § 21-2-285.1 Nonpartisan elections -- Form of ballot; runoff election; declaration of prevailing candidate as duly elected

Georgia courts

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Federal courts:

Eleventh Circuit Court of Appeals • U.S. District Court: Middle District of Georgia, Northern District of Georgia, Southern District of Georgia • U.S. Bankruptcy Court: Middle District of Georgia, Northern District of Georgia, Southern District of Georgia

State courts:

Georgia Supreme Court • Georgia Court of Appeals • Georgia Superior Courts • Georgia State Courts • Georgia Business Court • Georgia Tax Court • Georgia Juvenile Courts • Georgia Probate Courts • Georgia Magistrate Courts • Georgia Municipal Courts

State resources:

Courts in Georgia • Georgia judicial elections • Judicial selection in Georgia

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