Georgia § 53-7-75 - Construction of will by superior court.
Full text of Georgia Official Code of Georgia Annotated § 53-7-75 — Construction of will by superior court., with citation guidance and answers to common questions.
§ 53-7-75. Construction of will by superior court.
Except as otherwise provided in subsection (b) of this Code section and in paragraph (7) of subsection (a) of Code Section 15-9-127, whenever it appears that a question of construction of a will is involved in the accounting, the probate court, upon its own motion or upon the motion of any party in interest, shall enter an order transferring the accounting to the superior court for the determination of all such questions, which shall be presented to, heard, and determined by the superior court as appeals from the probate court are presented, heard, and determined. A probate court subject to Article 6 of Chapter 9 of Title 15 shall have jurisdiction over questions of construction of a will involved in the accounting and may determine all such questions without transferring the accounting to the superior court. The probate court may suspend further proceedings pending a final determination of the questions of construction. After a final determination of the questions of construction, the probate court shall proceed with the accounting. (Code 1981, § 53-7-75 , enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 2020, p. 377, § 1-54/HB 865.) The 2020 amendment, effective January 1, 2021, rewrote this Code section, which read: "The probate court, upon its own motion or upon the motion of any party in interest, whenever it appears that a question of construction of a will is involved in the accounting, shall enter an order transferring the accounting to the superior court for the determination of all such questions, which shall be presented to, heard, and determined by the superior court as appeals from the probate court are presented, heard, and determined. The probate court may suspend further proceedings pending a final decision of the superior court. After a final determination of the questions of construction, the probate court shall proceed with the accounting."
Frequently Asked Questions About Georgia § 53-7-75
What does Official Code of Georgia Annotated § 53-7-75 cover?
Section 53-7-75 ("Construction of will by superior court.") is part of the Official Code of Georgia Annotated, the codified statutory law of Georgia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Georgia § 53-7-75?
A common citation format is "Official Code of Georgia Annotated § 53-7-75" (Georgia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Georgia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Georgia official source linked on this page or consult a licensed Georgia attorney.
How does Georgia § 53-7-75 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Georgia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Georgia.