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Georgia Court of Appeals Affirms Probate Court Jurisdiction

The firm was involved in an important case in the Georgia Court of Appeals. In this case, the court ruled in favor of our client when it reaffirmed that on a Petition to Settle Accounts, the probate judge has authority to do just about anything necessary to resolve an estate.

In our particular case, the probate judge interpreted and enforced a settlement agreement between the parties that originated in a superior court. We felt the probate judge had authority to enforce the settlement because the settlement involved the resolution of an estate. The original case in superior court, between the heirs, was filed in superior court because it related to the title to property. We recognized that the probate court could not determine whether an estate owns something. However, once that was resolved in the superior court, we felt the probate court had the right to enforce that resolution. The Court of Appeals affirmed that we were correct in our assessment.


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