Preliminary Provisions

Pursuant to the inherent powers of the Court and Article VI, Section IX, Paragraph I of the Georgia Constitution of 1983, and in order to provide for the speedy, efficient and inexpensive resolution of disputes and prosecutions, these rules are promulgated. It is not the intention, nor shall it be the effect, of these rules to conflict with the Constitution or substantive law, either per se or in individual actions and these rules shall be so construed and in case of conflict shall yield to substantive law. 1.1 Repeal of local rules. All local rules of the probate courts in effect as of the effective date of this rule are hereby repealed. 1.2 Matters of statewide concern. These rules, to be known as “Uniform Probate Court Rules,” are to be given statewide application. 1.3 Deviation. These rules are not subject to local deviation except as provided herein. A specific rule may be superseded in a specific action or case by an order of the court entered in such case explaining the necessity for deviation and served upon the attorneys in the case. No person shall be denied access to the court nor be prejudiced in any way for failure to comply with a standing order of which the person does not have actual notice. “Actual notice” shall be deemed to have been satisfied by providing copies of such order to attorneys and pro se litigants, service by a party upon opposing parties and publicized dissemination in such locations as the offices of the clerks of court, law libraries, legal aid societies and public libraries. Mere filing of standing orders and posting in prominent places in the courthouse shall not suffice as actual notice. 1.4 Amendments. The Council of Probate Court Judges of Georgia shall have a permanent committee to recommend to the Supreme Court such changes and additions to these rules as may from time to time appear necessary or desirable. The State Bar of Georgia shall receive notice of the proposed changes and additions and be given the opportunity to comment. 1.5 Publication of rules and amendments. These rules and any amendments to these rules shall be published in the official Advance Sheets of the Supreme Court of Georgia. Unless otherwise provided, the effective date of any amendment to these rules is the date of publication in the Advance Sheets to the Georgia Reports. 1