Jimmy Brazier
Probate Judge

Judge of Probate Court

The judge of the probate court is an official charged with the performance of judicial, ministerial, and clerical duties. The jurisdiction of the probate court over which this judge presides includes:

  • the probate of wills;
  • the granting of letters testamentary and of administration and the repeal or revocation of the same;
  • all controversies in relation to the right of executorship or administration;
  • the sale and disposition of the property belonging to, and the distribution of, deceased persons’ estates;
  • the appointment and removal of guardians of minors and persons who are incompetent because of mental illness or mental retardation;
  • all controversies as to the right of guardianship, except that the probate court shall not be an appropriate court to take action under Section 19-7-4 (Parents and Children) of the Official Code of Georgia Annotated (O.C.G.A.);
  • the auditing and passing of returns of all executors, administrators, and guardians;
  • the discharge of former sureties and the requiring of new sureties from administrators and guardians;
  • all matters as may be conferred on the by Chapter 3 of Title 37 (Examinations and Treatment of Mental Illness) of O.C.G.A.;
  • all other matters and things that pertain or relate to estates of deceased persons and to persons who are incompetent because of mental illness or mental retardation; and
  • all matters as may be conferred on them by the constitution and laws.

In addition, and unless otherwise provided by law, judges of the probate courts have the power to

  • perform county governmental administration duties;
  • perform duties relating to elections;
  • fill vacancies in public offices by appointment;
  • accept, file, approve, and record bonds of public officers;
  • register and permit certain enterprises;
  • issue marriage licenses;
    hear traffic cases;
  • receive pleas of guilty and impose sentences in cases of violations of game and fish laws;
  • receive pleas of guilty and impose sentences in cases of violations of game and fish laws;
  • hold criminal commitment hearings; and
  • perform such other judicial and ministerial functions as may be provided by law.

(quoted from: Hudson, Betty and Hardy, Paul, Handbook for Georgia County Commissioners. Athens: Carl Vinson Institute of Government, University of Georgia, 2002, pp. 67-68.)