In addition, appellants' objection below to the declaratory judgment proceeding was based on ripeness and standing, not on the issue of a demand for jury trial. Because the issue was not raised in the probate court, it will not be considered on appeal. See Taylor v. Mosley, 252 Ga. 325 (2) ( 314 S.E.2d 184) (1984). 3. Finally, we reject appellants' assertion that declaratory judgment was premature and not ripe for decision because no parties had asserted adverse claims against the estate, nor had a state of facts accrued, such that a legal decision should be sought or demanded.

Consequently, a declaratory judgment was not authorized because the rights of the parties have accrued and there is no uncertainty alleged which requires direction from the court. Taylor v. Mosley, 252 Ga. 325 ( 314 S.E.2d 184); Rowan v. Herring, 214 Ga. 370, 373-374 ( 105 S.E.2d 29). Therefore, the judgment is nugatory and must be set aside.