Fulton County Probate Court

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Fulton County Probate Court handles legal issues such as estate disputes, marriage licenses, guardianship claims, and more. If you are dealing with a probate court issue, speak with a Fulton County Probate Court attorney today (for free)!

If you have questions, I’m here to help. There is no commitment and we provide free consultations. We look forward to meeting you.

Probate Court Fulton County GA

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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.

Fulton County Probate Court Forms

You can now access most of the Fulton County probate court forms online, including the supplementary forms. Visit the Council of Probate Court Judges of Georgia website and download the forms you need. You may fill them in before printing or print them out and complete them by hand.

It is essential to read and understand the general instructions for filling in Georgia Probate Court forms before attempting to complete them. When in doubt, contact an experienced estate attorney for advice.

GA Probate Court Forms

Although there are many GA probate court forms that fill a range of different purposes, some of the most commonly used include the following:

  • Petition for Letters of Administration
  • Petition to Probate Will in Common Form
  • Petition to Probate Will in Solemn Form
  • Petition for Order Declaring No Administration Necessary
  • Petition for Year’s Support
  • Petition of Personal Representative for Leave to Sell Property
  • Petition for Presumption of Death of Missing Individual Believed to be Dead
  • Petition to Establish Custodial Account for Minor or Incapacitated Adult
  • Petition for Permanent Letters of Guardianship of Minor
  • Petition for Letters of Conservatorship of Minor
  • Petition for Leave to Sell Perishable Property by Personal Representative
  • Petition for Determination of Right of Disposition of Remains of a Decedent

These are just a few of the many types of Georgia probate forms that an estate attorney could help review and clarify.

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Preparing for Probate Court in Fulton County

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In most probate court in Fulton County cases, there are three steps involved in probating an estate. They include the following:

  1. Rounding up all the deceased’s assets, including estate, money, investments, real estate, bank account balance, and other properties.
  2. Settling all debts and taxes owed by the deceased’s estate.
  3. 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 a Will

There are four kinds of probate that exist for instances where there is a will. They include:

Solemn Form Probate: This is applicable when there are known heirs who are also present, thus the estate can be concluded immediately.

Common Form Probate: Usually filed by the executor, this is applicable when there have been no known heirs for up to four years after the public notice of death.

Probate of Will in Solemn Form/Letters of Administration with Will Annexed: This is applicable in instances where the executor named in the will fails to execute the roles expected of him, either voluntarily or involuntarily. Thus, a new administrator is appointed, once the majority of the heirs support him or her.

Will Filed Not for Probate: It is only the court that can file this type of petition. It is applicable when there is no property to distribute to heirs. The petition creates a permanent record although no probate is carried out. This petition requires no filing fee.

A guardian or conservator may be required for heirs that are under the age of 18. An estate attorney will be able to provide additional information.

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Navigating Fulton County Probate When There Is No Will

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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.

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The Law Office of Paul Black

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404.410.6820

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

The Law Office of Paul Black

[email protected]
404.410.6820

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