What You Need to Know About Atlanta Probate Court

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 to discuss your situation.

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

You can call me at 404-410-6820 or fill out your contact info to schedule a free initial phone consultation with an Atlanta probate lawyer. I’m available to talk about your situation from 8:15 am to 5 pm, 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 in their lives, whether to get a marriage license, own 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 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 can get into 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, 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 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 believe you might require help using the Fulton County Probate Court, get a free consultation with an experienced lawyer in Atlanta who specializes 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 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 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. 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 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 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. You can reach out to us by submitting our contact form available on our website.

Cobb County Probate Court

The primary 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 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.

Note: Customers need to 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.

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 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. Call the Dekalb County Probate Court for information about getting older or historical Dekalb County court documents at (404) 371-2601.

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.

• Petition for Temporary Letters of Administration
• Petition for Letters of Administration
• Petition to Probate Will in Common Form
• Petition to Probate Will in Solemn Form
• Petition to Probate Will in Solemn Form & for Letters of Administration w/ Will Annexed
• Petition for Letters of Administration with Will Annexed (Will Previously Probated)
• Petition for Order Declaring No Administration Necessary
• Petition for Year’s Support
• Petition for the Appointment of an Emergency Guardian and/or Conservator for a Proposed Ward
• Petition for the Appointment of a Guardian and/or Conservator for a Proposed Ward
• Petition of Personal Representative for Leave to Sell Property
• Petition of Conservator for Leave to Sell Property or Rent, Lease, or Otherwise Dispose of Property
• Petition for Leave to Sell Perishable Property by Conservator
• Petition for Leave to Convey or Encumber Property Previously Set Aside as Year’s Support
• Petition for Presumption of Death of Missing Individual Believed to be Dead
• Petition to Compromise Doubtful Claim of Minor/Ward
• Petition for Leave to Encroach on Corpus
• Bond of Administrators, Conservators, & Executors, Etc.
• Petition to Establish Custodial Account for Minor or Incapacitated Adult
• Petition for Temporary Letters of Guardianship of Minor
• Petition for Permanent Letters of Guardianship of Minor
• Petition for Letters of Conservatorship of Minor
• Petition by Personal Representative for Waiver of Bond and/or Grant of Certain Powers
• Petition for Discharge of Personal Representative
• Petition of Conservator for Final Settlement of Accounts and Discharge from Office and Liability
• Petition for the Appointment of a Temporary Medical Consent Guardian for a Proposed Medical Consent Ward
• Commission to Administer Oath
• Service upon Minor or Adult Ward through Service Upon Guardian
• Adult Conservatorship Inventory and Asset Management Plan
• Minor Conservator Inventory and Asset Management Program
• Petition for the Restoration of an Individual Found to Be in Need of a Guardian and/or Conservator
• Certificate in Accordance with Uniform Probate Court Rule 5.9(D)
• Petition for Leave to Sell Perishable Property by Personal Representative
• Petition for Determination of Right of Disposition of Remains of a Decedent
• Supplement 1: Determination by Court that a Person May Act as Guardian or Appointment of Guardian Ad Litem
• Supplement 2: Appointment of Special Process Server
• Supplement 3: Certificate of Service
• Supplement 4: Guardian/Conservator/Personal Representative Oath
• Supplement 5: Petition for Letters of Testamentary Guardianship
• Supplement 6: Interrogatories to Witness to Will

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, 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 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 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. 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 need to 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 along with it.

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