Court Operating Procedures

Although probate practice is essentially uniform in Georgia, there is a two-tiered system of Probate Courts in Georgia {See Jurisdiction}, with certain different rules applying in "Article 6" Probate Courts. Additionally, each Probate Court will likely have preferences with regard to the internal operating procedures. There are, in Georgia, uniform rules of court applicable to the various levels of court. To access the Uniform Probate Court Rules, go to The Georgia Probate Court On-Line System.

The following rules and procedures apply in the Probate Court of Athens-Clarke County.

Jury Trials
Jurors will be impaneled by the Clerk of the Superior Court of Athens-Clarke County.

Expanded Jurisdiction
The Probate Court of Athens-Clarke County is now an Article 6 Probate Court. Counsel and parties should be aware of and familiar with the amendments to the Uniform Probate Rules found in Appendix A thereto. These amendments apply in Athens-Clarke County Probate Court to cases filed on or after July 1, 2002.

Required Format
Every pleading or document filed must be typed, printed or legibly hand-printed in black ink suitable for reproduction on 8.5" by 11" white paper. Pleadings or documents which are illegible will not be accepted for filing. This rule, of course, does not apply to original documents (e.g., wills and codicils) which may be in a different format, including those required to be filed with the court or to documents, exhibits and other original things offered as evidence in a case.

Georgia Probate Court Standard Forms [GPCSF]
For all proceedings for which there is a Georgia Probate Court Standard Form, use of the approved standard form is preferred. Any GPCSF which is retyped or recreated in any manner which alters the exact layout and format of the approved form, including by use of word processing software, must bear the certificate required under Uniform Probate Court Rule 21(E). For any proceeding for which there is a GPCSF, the form must be fully completed to the extent practicable and appropriate at the time of filing. Incomplete forms may be returned to the submitting party, without being filed, for completion.

Particularly with regard to will probate and administration proceedings where the GPCSF calls for the listing of heirs of a decedent, complete information (as required by the form) must be included when the list includes grandchildren, cousins, nieces, nephews and other collateral heirs concerning the deceased ancestor through whom those heirs are related to the decedent, as well as a statement of any facts affecting notice and service requirements, for example, facts concerning the existence or nonexistence of persons who would stand in a closer degree of relationship to the decedent.

Payment of Costs
For most pleadings and other documents filed, there is a corresponding court cost. Costs are due and payable at the time of filing, and, except when accompanied by a proper pauper's affidavit, no pleading must be accepted by the court without payment of costs set by law.

Personal checks are accepted when presented with a picture ID, the Social Security number of the drawer of the check, and a physical address and telephone number for the drawer.

Facsimile Transmittals
Unless specifically authorized by a Court Clerk or the acting Judge, no pleadings or documents may be transmitted to the court for filing by facsimile.

Electronic Transmittals
Unless specifically authorized by a Clerk or the acting Judge, no pleadings or documents may be transmitted electronically to the court for filing. Judge Tate will generally accept briefs and proposed orders by electronic transmittal.

Communication with the Judge
Judges are generally not permitted to have private (ex parte) communications, correspondence or discussions with persons involved (as parties or counsel) in matters pending before the court or which can reasonably be expected to be filed in the court, except when all parties or counsel are present. Parties/counsel should not attempt to have private conversations with the Judge regarding a pending or potentially pending matter. Copies of all correspondence with the court should be sent to all other parties/counsel.

Hearings and Trials
Routine hearings are set by the Clerk to whom a case has been assigned. The court holds hearings in all matters filed, except as specifically allowed by law to be decided without hearing or as directed by Judge Tate (for example if a party or an attorney communicates to court personnel that a settlement has been reached). Trials are set by Judge Tate or at her direction.

Guardianship Cases

Proceedings for the appointment of a guardian of the person and/or conservatorship of property of a minor child or an incapacitated adult are among the most important and difficult cases tried in Probate Court. These cases are handled by the Probate Court of Athens-Clarke County with utmost attention to the degree of importance given them under law. Counsel involved in guardianship matters in this court will be expected by the court to handle the matter accordingly. This means they are expected to prepare, to comport with these rules and to be familiar with the Georgia Rules of Professional Conduct particularly pertaining to this area of practice. Lawyers are specifically directed to:

Rule 1.4 Communication; Rule 1.2 (d) Scope of Representation and Rule 1.14 Client Under A Disability which also contains provisions for lawyers representing the Guardian, as distinct from the Ward, and lawyers representing clients who are, or may become, the subject of involuntary treatment proceedings.

The Council of Probate Court Judges of Georgia has produced two videos concerning the duties and powers of guardians, one applicable to adult guardianships and one applicable to conservators of the property of minors. Except when specifically waived by the court, prior to the issuance of Letters of Guardianship of the person or conservatorship of the property of an incapacitated adult or for the property of a minor child, every guardian appointed by the court will be required to view the appropriate video. The court has facilities for the viewing of the videos. Copies of the videos may be checked out for viewing outside this office by the payment of a refundable $10 deposit.

Prior to hearing or trial, each attorney filing a petition for the appointment of a guardian of the person or conservatorship of the property of an incapacitated adult or of the property of a minor child is expected by the court to advise the nominated or proposed guardian(s) that the law imposes limitations on the authority of guardians and requires certain reports to be filed with the court. Attorneys who are not familiar with the limitations on authority or the reporting requirements should obtain and read the Handbook for Guardians.

The attorney should also advise the nominated or proposed Conservator(s) of Property that a surety bond will be required in an amount to be set by the court, which will be approximately, and at least equal to, the sum of the total value of the Ward's personal property and the Ward's annual income. To the extent practicable, arrangements for the required bond should be made prior to the hearing or trial. Although the exact amount will not be known until the hearing or trial, the income and assets of the Ward, exclusive of the value of real estate, should be susceptible to reasonable estimation. The attorney should not propose for appointment as conservator a person who cannot qualify for a bond. Bond will usually be required to be posted within ten (10) days of the hearing.

Guardians appointed by this court will be strictly monitored in accordance with Georgia law and are required to use the reporting forms provided by this court. Guardians of the property are expected by the court to maintain full, accurate and complete records, to maintain all bank statements and canceled checks, and to retain all invoices, vouchers, bills, statements and other documents in support of all transactions at least until the return for which those records apply has been accepted, approved and recorded by the court. [It is recommended that all such records be maintained for a period not less than three years.]