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SB 0508 - Probate Courts; update/change provisions

Tracking Level: Passed
Sponsor: Meyer von Bremen,Michael 12th
Last Action: 5/14/2008 - Senate Date Signed by Governor
Senate Committee: S JUDY
House Committee: Judy
Assigned To:
05. Superior CourtsNext Bill
08. Probate CourtsNext Bill

Staff Analysis of the Legislation

SB 508 updates and changes provisions affecting the probate courts. It updates a reference to a conservator involving incompetency or incapacity of a principal on a power of attorney. The probate court shall be held at the place prescribed for the superior court or in the office of the judge of the probate court in each county, on the first Monday in January, April, July, and October. It adds that probate courts shall have concurrent jurisdiction with superior courts with regard to the proceedings for adjudication of petitions for direction or construction of a will.

SB 508 changes provisions relating to the composition of the Probate Judges Training Council. The training council shall consist of one member from each district as elected by the judges of the probate courts within such district. The elections shall occur prior to the annual spring business meeting of The Council of Probate Court Judges of Georgia. Training council members shall serve four-year terms; provided, however, that members from odd-numbered districts shall serve an initial term of two years and members from even-numbered districts shall serve an initial term of four years.

This bill also provides for change in provisions relating to sealing of records of minors or adult guardianship or conservatorship. Sealed records may be examined by the ward and the ward’s legal counsel, the minor, the minor’s parents, and the minor’s legal counsel, the guardian or conservator and the guardian or conservator’s legal counsel, and any surety for the conservator and legal counsel for the surety at any time. It also allows the court, provided that for good cause shown to the court, to shorten the notice period for requests by other interested parties to examine the sealed records or grant the petition without notice. The court shall limit the portion of the file to which access is granted to that which is required to meet the needs of the petitioner. SB 508 provides for recordation of certain information relating to real property when no administration is necessary and eliminates the year support as a bar for probate of a will after five years.


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