A Hall County Superior Court judge dismissed Virginia Benefield’s complaint against E. B. Martin and J. C. Martin finding that the claims belonged in probate court. We find no error and affirm.
According to the complaint, Benefield’s father died in 1972 and her mother died in 1987. Benefield’s brother, J. C. Martin, was appointed executor of their father’s will, and her brother, E. B. Martin, was appointed executor of their mother’s will. In 1999, J. C. Martin was substituted as executor for the mother’s will.
Benefield claimed that she was entitled to one fifth of her father’s estate, but that J. C. Martin failed to distribute the estate’s assets and failed to comply with any of his duties as executor of the estate, thereby depriving Benefield of her share of the estate. Benefield also contended that she was entitled to one quarter of her mother’s estate, but that E. B. Martin failed to distribute the estate’s assets. Furthermore, Benefield maintains that after J. C. Martin was substituted as executor, he also failed to distribute the estate’s assets, thereby depriving Benefield of her inheritance. As a result of J. C. Martin’s and E. B. Martin’s alleged breaches of fiduciary duty, Benefield asserted claims for damages and other relief, including damages for fraud, breach of contract, and negligence, and prayers for an equitable accounting, equitable administration, appointment of a receiver, and an order requiring defendants to specifically perform their duties, among other things.
Benefield claims that the trial court erred by granting E. B. Martin’s motion to dismiss Benefield’s complaint for lack of subject matter jurisdiction. “Our review of the grant of a motion to dismiss is de novo.” (Citation and punctuation omitted.)
Lewis v. Ga. Dept. of Human Resources,
The probate courts have “original, exclusive, and general jurisdiction” over the probate of wills and “[a]ll other matters and things as appertain or relate to estates of deceased persons.” OCGA § 15-9-30 (a) (1), (10). See 1983 Ga. Const., Art. VI, Sec. Ill, Par. I. “[W]ith respect to areas in which the probate court has been given exclusive,
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original subject matter jurisdiction, its authority is broad.”
Heath v. Sims,
Benefield argues that the superior court, as a court of equity, has jurisdiction over her fraud claims, and that the superior court also has concurrent jurisdiction with the probate court over her claims for an accounting of the estate. She further contends that the superior court should be allowed to retain jurisdiction of the entire case. See OCGA § 23-1-5 (“[wjhere law and equity have concurrent jurisdiction, whichever first takes jurisdiction shall retain it”);
King v. King,
OCGA § [53-7-60] grants superior courts concurrent jurisdiction with probate courts regarding the settlement of accounts ofadministratorsorexecutors[,]... superior courts are reluctant to interfere in the administration of estates [.] [T]hey may do so where there is a danger of loss or other injury to a party’s interest, or where equitable interference is necessary for the full protection of the rights of the parties in interest.
(Citations omitted.)
Lee v. Lee,
In this case, Benefield does not show that her remedies at law are inadequate. Benefield’s complaint alleges that she has been injured by her brothers’ waste of the estates’ assets and by their refusal to distribute the estates, but she does not specify a danger to her interests that would require intervention by a court of equity. See, e.g.,
Turner v. Turner,
The probate court can order an accounting, remove executors or require they post additional security, or “[i] ssue such other order as in the [probate] court’s judgment is appropriate under the circumstances of the case,” giving the probate court adequate means to remedy the executors’ alleged breaches of fiduciary duty in this case. OCGA § 53-7-55 (4). See
Fowler v. Cox,
Judgment affirmed.
Notes
The provisions of OCGA § 53-7-148 are carried forward by OCGA § 53-7-55.