Background
Advocacy Trust, LLC, administrator of Michael Jon Hurley’s estate, appealed the Probate Court of Gwinnett County’s final order on its petition to determine Hurley’s heirs. It filed its notice of appeal on October 23, 2025, and the parties completed appellate briefing.
While the appeal was pending, Advocacy Trust and potential heirs reached a settlement concerning the probate court’s order. They notified the Court of Appeals that their settlement required probate-court approval and represented that their joint approval motion remained pending in probate court.
The Court’s Holding
The Court of Appeals remanded the proceeding to the Probate Court of Gwinnett County to consider the parties’ joint motion for approval of their settlement. It explained that the pending appeal had divested the probate court of jurisdiction to alter its judgment absent a remand.
The court did not decide the merits of the heirship order or approve the settlement itself. It directed that, if the parties seek appellate review after the probate court disposes of the settlement motion, they must file a new notice of appeal within 30 days; the appeal would then receive a new case number.
Key Takeaways
- A pending appeal prevents the trial court from altering the appealed judgment unless the appellate court remands the case.
- Settlement approval in an estate-heirship dispute may require a remand when the appeal is already pending.
- Any later challenge to the settlement ruling or heirship order requires a timely new notice of appeal.
Why It Matters
The order underscores the jurisdictional effect of a notice of appeal in Georgia probate litigation. Parties who settle during an appeal should obtain a remand before asking the probate court to approve an agreement that could affect the appealed order.