Probate Court Fulton County GA
Situated at 136 Pryor Street SW, Suite C-230 in Atlanta, Georgia, the Fulton County Probate Court handles all petitions involving the probate of wills and estates. Although the ins and outs of estate law are complex, petitioning the court is relatively simple.
You can access the probate court offices from 8:30 a.m. to 5:00 p.m., Monday through Friday. Most petitions require a filing fee of no more than $20 paid in person. If you file your petition/forms after 4:00 p.m., it will be dated and processed on the following business day.
The court is not usually open on State and Federal holidays, and in conditions of severe weather or other emergencies. It is best to put a call through to the court at (404) 613-4070 to confirm it is open before going.
Estate law can be complicated and confusing. Contact the Law Office of Paul Black to ensure your affairs are in order.
Types of Cases Handled by Fulton County Probate Court
The Fulton County Probate Court oversees different case types, including validation of wills, administration of estates, marriage license applications (also available online), and involuntary mental health commitments. Other cases include guardianship and conservators for minors or incapacitated adults and the Georgia firearms license applications (accessible online).
Kindly contact the clerk in charge for questions about certain actions.
If you think you may need assistance with the Fulton County Probate Court, take advantage of a free consultation with a probate attorney in Atlanta who is intimately familiar with this court.
Preparing for Probate Court in Fulton County
In most probate court in Fulton County cases, there are three steps involved in probating an estate. They include the following:
- Rounding up all the deceased’s assets, including estate, money, investments, real estate, bank account balance, and other properties.
- Settling all debts and taxes owed by the deceased’s estate.
- Sharing the remaining assets among the heirs.
The method of executing each step can vary. This depends on whether there is a will or not, if the deceased person was married or single, and if the estate is large or small. An attorney skilled in estate law will be able to advise you of the exact process for your particular case.
Navigating Fulton County Probate When There Is No Will
A person may die without a will which is called dying intestate – and in such situations, only three proceedings are applicable. They include:
Permanent Administration: Notice to heirs is compulsory. The deceased’s spouse or sole heir becomes the administrator, except when such person declines or is disqualified. In either case, the majority of the heirs decides the administrator.
Temporary Administration: Notice to heirs is not needed, although they may select an administrator, whose role is to gather the estate inventory. Only a court order validates any proposed expenditure or disbursement.
No Administration Necessary: Here, there is no need for another administration, provided that all the estate’s debts are settled. Likewise, all heirs must agree to the division of the estate.
In order to make sure your interests are protected, it is advised to retain an experienced estate attorney. You might want to set up a living trust to ensure your wishes for your own estate are followed, as well. A skilled lawyer will be required to help with the details.