Title 15, Chapter 9, Section 36
(a) The judges of the probate courts are, by virtue of their
offices, clerks of their own courts; but they may appoint one or
more clerks, for whose conduct they are responsible, who hold their
offices at the pleasure of the judge. The judges of the probate
courts shall also have the authority to appoint one of their clerks
as chief clerk of the probate judge unless otherwise provided by
(b) The appointed clerks, including the chief clerk of the probate judge, may do all acts the judges of the probate courts could do which are not judicial in their nature and may act for judges of the probate courts in those cases in which they are authorized to act for the judge by Code Section 15-9-13. The chief clerk of the probate judge shall also have the authority prescribed in Code Section 15-9-11.1.
(c)(1) In addition to other powers granted to appointed clerks,
the chief clerk of the probate judge or, if there is no chief
clerk, a clerk designated by the judge, may exercise all the
jurisdiction of the judge of the probate court concerning
uncontested matters in the probate court. Such clerk may exercise
such power regardless of whether the judge of the probate court is
(2) The powers granted by paragraph (1) of this subsection shall
be exercised only by a chief clerk or designated clerk who has
been a member of the State Bar of Georgia for at least three years
or has been a clerk in the probate court for at least five years.
(3) This subsection shall apply to each county of this state
having a population of 96,000 or more persons according to the
United States decennial census of 1990 or any future such census.