Following her husband’s death, a widow petitioned the court for year’s support, and she was awarded a half interest in the marital home and a car. The husband’s son appealed to the superior court, which reduced the award to the car, personal property, and $14,000. The superior court also denied the widow’s demand for a jury trial, contending that her demand was made more than 30 days after the filing of the appeal and therefore was late under the applicable statute. The widow appealed that ruling.

The Georgia Court of Appeals found that since the statute in question, O.C.G.A. § 5-3-30, referred specifically to appeals from magistrate courts, it did not govern appeals from probate courts. The longstanding rule remains that appeals to the superior court from the probate court are to be tried by a jury unless the party bringing the appeal waives the right to a jury.

287 Ga. App. 77 (2007)