What did the Court of Appeals decide?

The court decided it lacked authority to hear a direct appeal from White County's probate court because the county's population is below the statutory threshold, and it remanded the filing to the probate court to be sent to the White County Superior Court.

Who is affected by this decision?

Carlos Hernandez (the filer) and the Estate of Mary Catherine Bonner are affected because the dispute will proceed in the White County Superior Court rather than directly in an appellate court.

The White County Probate Court must transmit the record to the White County Superior Court, which will handle any appellate review or further proceedings as appropriate.

On what legal basis was the appeal remanded?

The court relied on state statute defining when a probate court's decisions may be appealed directly and the Georgia Constitution's rule requiring transfer of civil cases to the proper forum.

Can this remand be appealed?

This order directs transfer to superior court under controlling statutes and the state constitution; any further dispute about jurisdiction or relief should be raised in the superior court and could be subject to normal appellate review from there.

In Re: Estate of Mary Catherine Bonner

Docket A26A1696

Court of record · Indexed in NoticeRegistry archive · AI-enriched for research

CivilRemanded

Filed: May 4, 2026 · 2 days ago
Jurisdiction: Georgia
Court: Court of Appeals of Georgia
Type: Opinion
Case type: Civil
Disposition: Remanded
Docket: A26A1696

Direct appeal from the White County Probate Court's dismissal of a claim against an estate and denial of a petition alleging administrator misconduct

Summary

The Court of Appeals considered a direct appeal by Carlos Hernandez from the White County Probate Court dismissing his claim against the Estate of Mary Catherine Bonner and denying his petition alleging administrator misconduct. The court held that because White County's population (28,003 in 2020) is below the statutory 90,000 threshold, the statutory right of direct appeal from a probate court to an appellate court does not apply. The filing is treated as a civil case filed in the wrong forum and is remanded to the probate court with directions to transmit the matter to the White County Superior Court for further proceedings.

Issues Decided

Whether OCGA § 15-9-123(a) permits a direct appeal from the White County Probate Court to an appellate court given White County's population.
Which court has appellate jurisdiction over civil probate-court decisions from counties with population under 90,000.

Court's Reasoning

OCGA § 15-9-123(a) grants a right of direct appeal from a probate court only for counties with population over 90,000 as defined in OCGA § 15-9-120(2). White County's 2020 population is 28,003, so the statute does not apply. Statutes and constitutional provisions assign appellate jurisdiction over probate-court decisions from smaller counties to the superior court, and the Georgia Constitution requires transfer of civil cases to the appropriate forum, so the Court remanded for transmission to the superior court.

Authorities Cited

OCGA § 15-9-123(a)
OCGA § 15-9-120(2)
Ga. Const. of 1983, Art. VI, Sec. I, Par. VIII
Ellis v. Johnson291 Ga. 127 (728 SE2d 200) (2012)
Bosma v. Gunter258 Ga. 664 (373 SE2d 368) (1988)

Parties

Appellant: Carlos Hernandez
Defendant: Estate of Mary Catherine Bonner
Court: Court of Appeals of the State of Georgia

Key Dates

Court decision date: 2026-05-04

What You Should Do Next

1
Probate court transmits record
The White County Probate Court should transmit the case file and records to the White County Superior Court as directed by the Court of Appeals.
2
Consult an attorney about superior-court proceedings
The appellant should consult counsel to prepare for proceedings in superior court, including filing any necessary notices or motions now required by superior-court procedure.
3
Consider preservation of issues for appeal
Parties should ensure all relevant objections and issues are preserved in the superior court record so they can be addressed in any subsequent appeal.

Frequently Asked Questions

What did the Court of Appeals decide?: The court decided it lacked authority to hear a direct appeal from White County's probate court because the county's population is below the statutory threshold, and it remanded the filing to the probate court to be sent to the White County Superior Court.
Who is affected by this decision?: Carlos Hernandez (the filer) and the Estate of Mary Catherine Bonner are affected because the dispute will proceed in the White County Superior Court rather than directly in an appellate court.
What happens next?: The White County Probate Court must transmit the record to the White County Superior Court, which will handle any appellate review or further proceedings as appropriate.
On what legal basis was the appeal remanded?: The court relied on state statute defining when a probate court's decisions may be appealed directly and the Georgia Constitution's rule requiring transfer of civil cases to the proper forum.
Can this remand be appealed?: This order directs transfer to superior court under controlling statutes and the state constitution; any further dispute about jurisdiction or relief should be raised in the superior court and could be subject to normal appellate review from there.

The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.

Full Filing Text

Court of Appeals
of the State of Georgia

ATLANTA,____________________
May 04, 2026

The Court of Appeals hereby passes the following order:

A26A1696. IN RE: ESTATE OF MARY CATHERINE BONNER,
DECEASED.

In the White County Probate Court, Carlos Hernandez filed a claim against the
Estate of Mary Catherine Bonner. The probate court ultimately dismissed the claim
and denied Hernandez’s petition for relief from administrator misconduct and other
bad acts. Hernandez then filed this direct appeal.
Under OCGA § 15-9-123(a), a party in a civil case in “probate court” shall
have the right of appeal to an appellate court without first seeking review in superior
court. Ellis v. Johnson, 291 Ga. 127, 128(1) n.1 (728 SE2d 200) (2012). A “probate
court” is defined as “a probate court of a county having a population of more than
90,000 persons according to the United States decennial census of 2010 or any future
such census[.]” OCGA § 15-9-120(2). As of the 2020 census, White County had a
population of 28,003. Because the White County Probate Court does not meet the
population requirement, OCGA § 15-9-123(a) is not applicable to appeals from the
rulings and judgments of that court. Instead, appellate jurisdiction over decisions of
probate courts in counties with a population of 90,000 or less (other than convictions
under OCGA Title 40, Chapter 13, Article 2) lies in superior court. See OCGA §§
5-3-3(6), (12); 5-3-4(a); 5-3-5(d); 15-6-8(3)-(4).
The Georgia Constitution provides that “[a]ny court shall transfer to the
appropriate court in the state any civil case in which it determines that jurisdiction or
venue lies elsewhere.” Ga. Const. of 1983, Art. VI, Sec. I, Par. VIII; Bosma v. Gunter,
258 Ga. 664, 665 (373 SE2d 368) (1988). To the extent this filing may be construed as
a petition for review, it is hereby REMANDED to the probate court with direction to
transmit it to the White County Superior Court for disposition as appropriate.

Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
05/04/2026
I certify that the above is a true extract from
the minutes of the Court of Appeals of Georgia.
Witness my signature and the seal of said court
hereto affixed the day and year last above written.

, Clerk.