Atlanta Probate Court

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Although there is not a single Atlanta Probate Court, there are multiple probate courts in the Atlanta area that handle probate of wills, estate disputes, marriages, and more. A Georgia probate attorney explains what you need to know to navigate Atlanta Probate Court.

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Metropolitan Atlanta Probate Courts

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Many citizens in the metropolitan Atlanta area will need to use an Atlanta probate court at some point in their lives, whether to get a marriage license or process a will or trust. Probate courts are part of the county government system, so which Atlanta probate court you go to depends on which metropolitan Atlanta county you live in.

Probate Court Fulton County GA

Located at 136 Pryor Street SW, Suite C-230 at 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 are able to get into the 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., it’ll be obsolete and processed to the next business day.

The courtroom isn’t ordinarily available on State and Federal vacations, also 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 prior to going.

The Fulton County Probate Court oversees different situation types, such as validation of wills, administration of property, and marriage license software (also available online), and involuntary mental health commitments. Other instances include guardianship and conservators for minors or incapacitated adults, as well as the Georgia firearms permit (available online).

Kindly contact the clerk accountable for queries about particular actions.

If you believe you might require help using the Fulton County Probate Court, get a free consultation with an experienced lawyer in Atlanta who specializes in Atlanta 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 at this place. 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 AM to 5:00 PM, Monday through Friday. Types turned in after 4:00 PM 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. To affirm that the courtroom is available before you go, call the Dekalb Probate Court in -LRB-404-RRB- 371-2601.

These will be the types of cases which are handled by 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 incapacitated 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 get in touch with a clerk that supervises that kind of process.

If you believe you might 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.

Cobb County Probate Court

The main use of the Probate Court is to make sure that property and guardianships are administered in accord with 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 incapacitated 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 the issuance of permits for fireworks, recording of elected officials’ oaths and bonds, and certificates of residence.

Note: Customers need to arrive prior to 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 Does a Probate Attorney Do?

The Atlanta probate courts objective is to guarantee efficacy in non-criminal legal issues which mostly involve filing paperwork. All essential Georgia probate court forms are available on the internet so that taxpayers can have all filled out and ready to document if they arrive.

Generally, things dealing with matters of the home life are contended 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 documents solutions which could help out with tracing the background of a house and its possession or regaining 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)

Georgia Marriage Records

Marriage records are available at the State Office from June 1952 to August 1996. Copies of marriage records earlier than 1952 and after 1996 are only available from the county Probate Court where the license was issued.

Some Probate Courts also issue an attractive, frameable copy of marriage documents. These copies are not available at the State Office of Vital Records.

Georgia Marriage License

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 out with tracing the background of a house and its possession or regaining 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. For information about getting older or historical Dekalb County court documents, phone the Dekalb County Probate Court at (404) 371-2601.

Atlanta Courts Records

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

Atlanta Probate Court Guardianship

A guardian is allowed custody and control within an incapacitated person by the court. Guardians are responsible for making certain the ward has sufficient medical care, a decent place to call home, adequate meals, etc..

An “interested person” is somebody with an interest in the welfare of an incapacitated individual, and isn’t himself a minor, ward, or a protected individual.

Georgia Probate Court Proceedings

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Georgia probate judges are there to make sure that property arguments are settled legally, particularly in cases where there’s not any will. Whenever someone dies, their property is moved to probate court as well as an executor manages the distribution of resources. Executors are often relatives, but they can be anyone over age 18 who’s determined to be trusted and goal.

The probate judge decides the validity of wills and guarantees that all relevant parties are notified of a 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.

GA Probate Court Forms

For your benefit, many forms you need can be found online, such as supplementary kinds. You are able to 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.

Probate Court Atlanta GA Locations

There are a number of probate court Atlanta GA locations since the metro Atlanta area is comprised of multiple counties, and probate court is handled at the county level. Below, you’ll find Atlanta 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.

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 particular way these measures are accomplished may vary, based upon 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.

Do You Have to Probate a Will in Georgia?

If a loved one passes away, their estate frequently travels through a court-managed procedure called probate or estate management where the assets of the deceased 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 his or her resources via a well-drafted and properly financed Living Trust, it’s probable that no court-managed government is essential, although 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 fees and attorney’s fees to probate a will in Georgia.

Court fees depend on the county, but here is an example from a local Atlanta Probate Court to give you an idea of what to expect.

The filing fees for the petition to probate the will must be paid at the time the petition is filed with the Probate Court. The Probate Court accepts cash, money orders, or personal checks made payable to 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 bill for probate work: from the hour, a flat fee, or a portion of the value of the property resources. A probate attorney’s fees are covered by the property, not the executor.

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

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Paul Black‘s expertise as the son of two parents with large health challenges is exactly what led him into the job he does now as an Atlanta probate lawyer. His mom wrestled with early-onset Parkinson’s Disease for 27 years prior to her passing in July 2016. His father suffered a significant stroke in May 2001 and resides in assisted living in Atlanta. Paul’s active participation in his parents’ care provides him firsthand understanding of the challenges that lots of 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

Reach out to a trusted probate lawyer in Atlanta if you are facing 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 Atlanta probate court process efficiently and compassionately.

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The Law Office of Paul Black

[email protected]
404.410.6820

Decatur Office Location:
One West Court Square, Suite 750 Decatur, Georgia 30030

Decatur Office Location

The Law Office of Paul Black

[email protected]
404.410.6820

Dunwoody Office Location:
2002 Summit Blvd, Suite 300 Atlanta, Georgia 30319

Dunwoody Office Location