Docket of Fiduciaries; Storage of Records for Retrieval From Automated or Computerized Record-Keeping Method or System

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  2. Georgia Code
  3. Courts
  4. Probate Courts
  5. Jurisdiction, Power, and Duties
  6. Docket of Fiduciaries; Storage of Records for Retrieval From Automated or Computerized Record-Keeping Method or System

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  1. The judge of the probate court shall keep a docket of all the executors, administrators, guardians, and trustees who are liable to make returns in his or her court, with regular entries of their returns, and of such fiduciaries as have failed to make returns as required by law and by the order of the court.
  2. Nothing in this Code section shall restrict or otherwise prohibit a clerk or a probate judge acting as such from electing to store for computer retrieval any or all books, records, dockets, files, or indices; nor shall a clerk or a probate judge acting as such be prohibited from combining or consolidating any books, records, dockets, files, or indices in connection with the filing for record of papers of the kind specified in this Code section or in any other law; provided, however, that any automated or computerized record-keeping method or system shall provide for the systematic and safe preservation and retrieval of all books, records, dockets, files, or indices. When the clerk or a probate judge acting as such elects to store for computer retrieval any or all books, records, dockets, files, or indices, the same data elements used in a manual system shall be used, and the same integrity and security shall be maintained.

(Orig. Code 1863, § 4020; Code 1868, § 4049; Code 1873, § 4120; Code 1882, § 4120; Civil Code 1895, § 4260; Civil Code 1910, § 4818; Code 1933, § 24-2112; Ga. L. 2018, p. 356, § 1-23/SB 436.)

The 2018 amendment, effective July 1, 2018, designated the existing provisions of this Code section as subsection (a), and, in subsection (a), inserted "or her" in the middle; and added subsection (b).

Cross references.

- Limitation of access to probate court files, Uniform Rules for the Probate Courts, Rule 17.

JUDICIAL DECISIONS

Cited in Bragg v. Bragg, 225 Ga. 494, 170 S.E.2d 29 (1969).


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