Section 15-9-2. Eligibility and disabilities; restrictions on fiduciary role

   (a) (1) Except as otherwise provided in subsection (c) of this Code section, no person shall be eligible to offer for election to or hold the office of judge of the probate court unless the person:

      (A) Is a citizen of the United States;

      (B) Is a resident of the county in which the person seeks the office of judge of the probate court for at least two years prior to qualifying for election to the office and remains a resident of such county during the term of office;

      (C) Is a registered voter;

      (D) Has attained the age of 25 years prior to the date of qualifying for election to the office, but this subparagraph shall not apply to any person who was holding the office of judge of the probate court on July 1, 1981;

      (E) Has obtained a high school diploma or its recognized equivalent; and

      (F) Has not been convicted of a felony offense or any offense involving moral turpitude contrary to the laws of this state, any other state, or the United States.

   (2) Each person offering as a candidate for the office of judge of the probate court shall file an affidavit with the officer before whom such person has qualified to seek the office of judge of the probate court prior to or at the time of qualifying as a candidate. The affidavit shall affirm that the person meets all the qualifications required by subparagraphs (A), (C), (D), (E), and (F) of paragraph (1) of this subsection and either subparagraph (B) of paragraph (1) of this subsection or subsection (c) of this Code section.

(b) The judge of the probate court cannot, during his term of office, be executor, administrator, or guardian, or other agent of a fiduciary nature required to account to his court. When any person holding such trust is elected judge of the probate court, his letters and powers immediately abate upon his qualification. However, a judge of the probate court may be an administrator, guardian, or executor in a case where the jurisdiction belongs to another county or in a special case where he is allowed by law and required to account to the judge of the probate court of another county.

(c) In all counties of this state which have a population of 550,000 or more according to the United States decennial census of 1980 or any future such census, a chief deputy clerk of the probate court having served as chief deputy clerk for more than two years shall be eligible to fill a vacancy in the office of probate judge for the remainder of the unexpired term without regard to whether such chief deputy clerk meets any residency requirements otherwise imposed by law if the chief deputy clerk becomes a resident of the county before taking office as probate judge. Any probate judge taking office as authorized by the preceding sentence shall thereafter be eligible to succeed himself or herself so long as he or she remains a resident of the county.

Ga. L. 1851-52, p. 91, § 5; Code 1863, §§ 302, 303; Code 1868, §§ 362, 363; Code 1873, §§ 327, 328; Code 1882, §§ 327, 328; Civil Code 1895, §§ 4228, 4229; Civil Code 1910, §§ 4786, 4787; Code 1933, § 24-1711; Ga. L. 1983, p. 544, § 2; Ga. L. 1984, p. 22, § 15; Ga. L. 1985, p. 1247, § 1; Ga. L. 1989, p. 1091, § 2.