What You Need to Know About Atlanta Probate Court

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There isn’t a single probate court in Atlanta. Atlanta has many counties, and each county deals with probate on its level. Learn more here!

Author: Paul Black

Paul’s experience as the son of two parents with big health challenges is what led him to the work he does today and gives him first-hand knowledge of the challenges that many caregivers and family members face. After graduation from GSU Law, Paul was chosen from dozens of applicants nationwide as one of three 2010-2011 Borchard Foundation Law & Aging Fellows. Paul has been named as  a SuperLawyers “Rising Star” in the area of Estate Planning and as a member of Georgia’s “Legal Elite” by Georgia Trend magazine. Published on: March 14, 2019. Last updated on: November 22, 2023.

Metropolitan Atlanta Probate Court

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It’s never too early to start planning for your family’s future.

If you have questions, I’m here to help. There is no commitment and we provide free initial 15-minute phone calls. We look forward to meeting you.

It’s never too early to start planning for your family’s future.

If you have questions, I’m here to help. There is no commitment, and we provide free initial 15-minute phone calls. We look forward to meeting you.

I’m attorney Paul Black, and I’ve practiced probate law in Georgia for over 10 years. I am very familiar with the probate process in Georgia, and I have the experience to help you with every step.

Call me at 404-383-9094 or fill out your contact info to schedule a free initial phone consultation with an Atlanta probate lawyer. I’m available to discuss your situation from 8:15 a.m. to 5 p.m., Monday through Friday. We look forward to meeting you.

Many citizens in the metropolitan Atlanta area will need to use a probate court at some point for legal advice, whether to get a marriage license, own an estate, or process a will or trust.

In general, a probate court is formed to establish the validity of a will and determine whether someone’s passing should be considered a “legal death.”

Probate courts are part of the county government system, so which probate court you go to depends on which metropolitan Atlanta county you live in.

 

Fulton County Probate Court

Located at 136 Pryor Street SW, Suite C-230, Atlanta, Georgia, Fulton County Probate Court manages all petitions involving the probate of wills and property. Even though the intricacies of real estate law are complicated, petitioning the court is comparatively straightforward.

You can enter the Fulton County probate court offices from 8:30 a.m. to 5:00 p.m., Monday through Friday. Many petitions call for a filing fee of no more than $20 paid in person. If you record your petition/forms following 4:00 p.m., they’ll be obsolete and processed by the next business day.

The courtroom isn’t ordinarily available on State and Federal vacations and in states of severe weather or other emergencies. It’s ideal to set a call through the courtroom at 404-613-4070 to affirm it’s open before going.

The Fulton County Probate Court oversees different situation types, such as validation of wills, property administration, marriage license software for marriage license applications (also available online), and involuntary mental health commitments.

Other instances include guardianship and conservators for minors or incapacitated adults and the Georgia firearms permit (available online). For magistrate hearings, you need to visit the North Service Center.

Kindly contact the clerk accountable for queries and better translation about particular actions. If you require help using the Fulton County Probate Court, get a free consultation with an experienced lawyer in Atlanta specializing in probate court matters.

Dekalb County Ga Probate Court

The Dekalb Probate Court is located in the Dekalb County Courthouse at 556 N. McDonough Street, Decatur, Georgia. All petitions regarding the probate of wills and estates are registered here. Many petitions call for a filing fee to be paid off. Please be aware that the court doesn’t accept bills larger than $20 if you pay your filing fee in person.

Probate court offices are open from 8:30 a.m. to 5:00 p.m., Monday through Friday. Types turned in after 4:00 p.m. will be obsolete and processed to the next business day.

The courtroom is closed for state and national holidays. The court could also close for bad weather or other emergencies. Call the Dekalb Probate Court in -LRB-404-RRB- 371-2601 to affirm that the courtroom is available before you go.

These will be the types of cases handled by the Probate Court, Dekalb County, GA:

  1. Administration of estates
  2. Validation of wills
  3. Involuntary mental health obligations
  4. Guardianship and conservators for minors or adults
  5. Marriage license software (could be registered online)
  6. Georgia firearms permit software (could be registered on the web)

For questions about particular activities, you can contact a clerk who supervises that kind of process.

If you require help using the Dekalb County Probate Court, request a free consultation with an experienced law firm in Atlanta like The Law Office of Paul Black, where the attorneys are intimately knowledgeable about this courtroom. You can contact us by submitting our contact form on our website.

 

Cobb County Probate Court

The Probate Court’s primary use is to ensure that property and guardianships are administered according to the law. The Judge of the Probate Court decides controversies involving estates and guardianships by conducting trials with and without a jury.

The Probate Court of Cobb County has exclusive authority in these matters:

  1. Probate of wills;
  2. Appointment and removal of executors and administrators;
  3. Sale and disposition of real estate property
  4. Appointment and removal of guardians of minors and adults;
  5. Audit of yields of executors, administrators, and guardians;
  6. Commitments of the mentally ill, alcohol and drug abusers;
  7. Issuance of marriage licenses;
  8. Issuance of weapons transmit licenses and
  9. Miscellaneous services such as issuing permits for fireworks, recording of elected officials’ oaths and bonds, and certificates of residence.
  10. Note: Customers must arrive before 4 p.m. to allow sufficient time to conclude all business with the court at or before 5 p.m. There will be no payments accepted after 4:30 p.m.

 

General Contact Info

[email protected]

Kelli L. Wolk, Chief Judge

Margaret A. Head, Associate Judge

32 Waddell Street

Marietta, GA 30090

(770) 528-1900

(770) 528-1996 (Fax)

 

Hours of Operation

(excluding holidays or court closures)

Monday – Friday

8 a.m. – 5 p.m.

What Can You Do at Atlanta Probate Courts?

The Atlanta probate court aims to guarantee efficacy in non-criminal legal issues, which mostly involve filing paperwork. All essential Georgia probate court forms are available online so taxpayers can have them all filled out and ready to document if they arrive.

Generally, things dealing with matters of home life contend in probate court. However, probate court doesn’t just determine current real estate issues. Family matters like guardianship and marriages are handled here.

Additionally, Atlanta Probate Courts have documented solutions that could help trace the background of a house and its possession or regain copies of wills and other files, such as genealogical research. Other things Atlanta probate courts handle include:

  • Administration of estates

  • Validation of wills

  • Involuntary mental health obligation

  • Marriage license software (could be registered online)

  • Georgia firearms permit software (could be registered online)

These are the things handled by the Atlanta probate courts regularly. These are the things handled by the Atlanta probate courts regularly. It’s important to remember that court personnel aren’t allowed to offer legal advice, so you should always consult a lawyer if you have a legal question.

Georgia Marriage License

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Atlanta probate courts oversee the Georgia marriage license application process for people within the Atlanta area. You can also take care of the marriage license application online. For example, Dekalb County’s application is located here

If neither you nor your future spouse is a resident of Georgia, be aware that you must get a marriage license from the probate court in the county where your marriage ceremony will take place. If at least one of you resides in Georgia, you can get a license from any Georgia county.

Georgia Court Records

Court records may also help trace the background of a house and its possession or regain copies of wills and other files for genealogical research.

Cases of birth and death certificates can be obtained via the Vital Records branch in the Dekalb County Department of Public Health.

Finding and copying these documents might require payment of charges. Call the Dekalb County Probate Court for information about getting older or historical Dekalb County court documents at (404) 371-2601.

Atlanta Courts Records

In addition to property records, birth and death records, and records of marriages, probate court resources of Atlanta can also help you access other Atlanta court records.

The Fulton County online court records system, for example, allows members of the public to look up all types of cases, provided you know the citation number. It can be used to get information on case status and more. 

Probate court clerks are also able to assist with Atlanta court records requests. So, if you have any questions regarding the Atlanta courts, it is best to ask it from the clerks.

 

Probate Court Guardianship Atlanta

The court allows a guardian custody and control over an incapacitated person. Guardians are responsible for ensuring the ward has sufficient medical care, a decent place to call home, adequate meals, etc. An “interested person” is somebody interested in the welfare of an incapacitated individual and isn’t himself a minor, ward, or a protected individual.

 

Georgia Probate Court Proceedings

Georgia probate judges are there to ensure that property arguments are settled legally, particularly in cases where there’s no will. Whenever someone dies, their property is moved to the probate court, and an executor manages the distribution of resources. Executors are often relatives, but they can be anyone over age 18 determined to be trusted and goal.

The probate judge decides the validity of wills and guarantees that all relevant parties are notified of passing and are present for settling the property. The Executor manages the reasonable distribution of resources and sees that lenders are paid. Not all estates will need to go through probate, and a few assets, such as houses using joint zoning, are passed to the proper heir.

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GA Probate Court Forms

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For your benefit, many forms you need can be found online, such as supplementary kinds. You can download them to your computer and fill them before printing, or print them out and complete them. Before completing any of these forms, be sure that you carefully read and adhere to the general directions for finishing all Georgia Probate Court documents.

Here’s a listing of various probate court forms available online to download.

  • Petition for Temporary Letters of Administration – Download here

  • Petition for Letters of Administration – Download here

  • Petition to Probate Will in Common Form – Download here

  • Petition to Probate Will in Solemn Form – Download here

  • Petition to Probate Will in Solemn Form & for Letters of Administration w/ Will Annexed – Download here

  • Petition for Letters of Administration with Will Annexed (Will Previously Probated) – Download here

  • Petition for Order Declaring No Administration Necessary – Download here

  • Petition for Year’s Support – Download here

  • Petition for the Appointment of an Emergency Guardian and/or Conservator for a Proposed Ward – Download here

  • Petition for the Appointment of a Guardian and/or Conservator for a Proposed Ward – Download here

  • Petition of Personal Representative for Leave to Sell Property – Download here

  • Petition of Conservator for Leave to Sell Property or Rent, Lease, or Otherwise Dispose of Property – Download here

  • Petition for Leave to Sell Perishable Property by Conservator – Download here

  • Petition for Leave to Convey or Encumber Property Previously Set Aside as Year’s Support – Download here

  • Petition for Presumption of Death of Missing Individual Believed to be Dead – Download here

  • Petition to Compromise Doubtful Claim of Minor/Ward – Download here

  • Petition for Leave to Encroach on Corpus – Download here

  • Bond of Administrators, Conservators, & Executors, Etc. – Download here

  • Petition to Establish Custodial Account for Minor or Incapacitated Adult – Download here

  • Petition for Temporary Letters of Guardianship of Minor – Download here

  • Petition for Permanent Letters of Guardianship of Minor – Download here

  • Petition for Letters of Conservatorship of Minor – Download here

  • Petition by Personal Representative for Waiver of Bond and/or Grant of Certain Powers – Download here

  • Petition for Discharge of Personal Representative – Download here

  • Petition of Conservator for Final Settlement of Accounts and Discharge from Office and Liability – Download here

  • Petition for the Appointment of a Temporary Medical Consent Guardian for a Proposed Medical Consent Ward – Download here

  • Commission to Administer Oath – Download here

  • Service upon Minor or Adult Ward through Service Upon Guardian – Download here

  • Adult Conservatorship Inventory and Asset Management Plan – Download here

  • Minor Conservator Inventory and Asset Management Program – Download here

  • Petition for the Restoration of an Individual Found to Be in Need of a Guardian and/or Conservator – Download here

  • Certificate in Accordance with Uniform Probate Court Rule 5.9(D) – Download here

  • Petition for Leave to Sell Perishable Property by Personal Representative – Download here

  • Petition for Determination of Right of Disposition of Remains of a Decedent – Download here

  • Supplement 1: Determination by Court that a Person May Act as Guardian or Appointment of Guardian Ad Litem – Download here

  • Supplement 2: Appointment of Special Process Server – Download here

  • Supplement 3: Certificate of Service – Download here

  • Supplement 4: Guardian/Conservator/Personal Representative Oath – Download here

  • Supplement 5: Petition for Letters of Testamentary Guardianship – Download here

  • Supplement 6: Interrogatories to Witness to Will – Download here

Probate Court Atlanta GA Locations

There are several probate courts in Atlanta, GA, since the metro Atlanta area comprises multiple counties, and the probate court is handled at the county level. Below, you’ll find probate court location information.

  • Fulton County Probate Court: 136 Pryor Street SW, Suite C-230, Atlanta, Georgia 30303
  • Cobb County Probate Court: 32 Waddell Street, Marietta, GA 30090
  • Dekalb County Probate Court: 556 N. McDonough Street, Decatur, Georgia 30030
  • Gwinnett County Probate Court: 75 Langley Dr, Lawrenceville, GA 30046

An Atlanta area probate attorney like Paul Black can handle probate matters in any of these courts. So, if you have to deal with a legal settlement in Atlanta, it is best to consult an attorney to understand your case and find legal options.

Atlanta Georgia Probate Process

Should you move off without creating an estate plan, your property would experience probate, a person, court-supervised proceeding.

Probate can be costly and tie up the resources of the dead for a protracted time before beneficiaries can get them. It’s not strange for bitter family feuds to ensue over small quantities of cash or a household. Probate in Georgia can generally be run in roughly eight months to annually.

Probating an estate in Georgia usually involves these three steps:

  • Collecting all the resources of the deceased person’s estate, including money, investments, bank accounts, property, and other property.
  • Paying off the taxes and debts owed by the estate.
  • Distributing the remaining assets to the heirs.

The way these measures are accomplished may vary based on the size of this property, whether the dead individual was married, and whether there is a will.

  1. Filing of a petition with the proper probate court.
  2. Notice to heirs under the Will or to statutory heirs (if no Will exists).
  3. Petition to appoint Executor (in the case of a Will) or Administrator for the estate.
  4. Inventory and appraisal of estate assets by Executor/Administrator.
  5. Payment of estate debt to rightful creditors. Sale of estate assets.
  6. Payment of estate taxes, if applicable.
  7. Final distribution of assets to heirs.
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Do You Have to Probate a Will in Georgia?

Do You Have to Probate a Will in Georgia

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If a loved one passes away, their estate frequently travels through a court-managed procedure called probate or estate management, where the deceased’s assets are handled and distributed. When there’s a Will, or if there is no Will, however, the heirs do not agree, or the property has lenders, then probate will be required.

If your loved one possessed their resources via a well-drafted and properly financed Living Trust, it’s probable that no court-managed government is essential. However, the successor trustee should administer the origin of the deceased.

 

How Much Does it Cost to Probate a Will in Georgia?

You’ll pay court and attorney’s fees to probate a will in Georgia. Court fees depend on the county, but here is an example from a local Probate Court in Atlanta to give you an idea of what to expect. 

The filing fees for the petition to probate the Will must be paid when filed with the Probate Court. The Probate Court accepts cash, money orders, or personal checks made payable to the Probate Court. Typical fees are:

  • $159.50: Filing fee

  • $ 2.00: Per page filed, including the petition, the Will, and pages the court will prepare

  • $ 10.00: Certified copy of letters testamentary (each)

Lawyers usually utilize among three approaches to billing for probate work: from the hour, a flat fee, or a portion of the value of the property resources. The property, not the Executor, covers probate attorney’s fees.

 

How Long Does it Take to Probate a Will in Fulton County, GA?

If you are filing a probate case of Will in Fulton County, you must know the time it takes to get the results. However, there is no settled time for probate in Fulton County. However, probate in Georgia takes twelve to eighteen months. But it depends on the size of the asset and the complications that come with it.

Having an experienced attorney at this stage can help you a ton. You will understand your case’s facts better and easily decide what to do next.

The Law Offices of Paul Black: Atlanta Probate Lawyers Who Care

Paul Black’s expertise as the son of two parents with large health challenges is exactly what led him to the job he does now as an Atlanta probate lawyer. His mom wrestled with early-onset Parkinson’s Disease for 27 years before her passing in July 2016.

His father suffered a significant stroke in May 2001 and resided in assisted living in Atlanta. Paul’s active participation in his parents’ care gives him a firsthand understanding of the challenges many people face in caring for others and managing their affairs.

After graduation from GSU Law, Paul was picked from dozens of applicants nationally as a member of three 2010-2011 Borchard Foundation Law & Aging Fellows.

Now, Paul finds great pride in helping customers across Georgia who need help with elder law issues (like Medicaid & Veterans benefits preparation), estate planning (Wills, Trusts, Powers of Attorney, and Healthcare Directives), uncontested probate court issues (such as estate management and guardianship and conservatorship petitions), along with Special Needs planning (frequently involving Trust-based preparation to ensure people could continue to get Medicaid, SSI, or other means-tested advantages after receiving an inheritance or a settlement).

 

Paul Black: Trusted Probate Lawyer Atlanta

Contact a trusted probate lawyer in Atlanta if you face probate of a will, need assistance planning your estate, or have questions about guardianship. The Law Office of Paul Black will guide you and your family through the probate court process in Atlanta efficiently and compassionately. The legal understanding of your scenario and willingness to protect your rights in court can help you get the best outcome for your case.

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