Gwinnett County Probate Court

Among its many other activities and functions, the Gwinnett County Probate Court court decides how to resolve the deceased’s affairs. That includes paying debts and estate taxation and then distributing the decedent’s remaining finances and property to the surviving partner (when appropriate) and rightful heirs.

When a Georgia resident (or even a non-resident who owns property in the jurisdiction of Georgia) dies, numerous legal proceedings might be filed in probate court.

These should be filed only in the county where the deceased lived in Georgia or where their property is situated in cases where the deceased was not a Georgia resident. Each county has set guidelines for the petitioner by the Gwinnett County courts.

Since the processes are intricate, it’s strongly suggested that you consult the expertise of an estate law attorney qualified in these matters, such as the Law Office of Paul Black. Attorney Paul Black will assist you in finding the best path forward in your situation.

The Gwinnett County Probate Court court handles various case types, from marriage license applications to mental health commitments, validation of wills, and estate settlement process. It is also the ideal legal entity for all cases involving guardianship and conservators for minors, incapacitated adults, or planning for a child with special needs. It handles Georgia firearms license applications, as well.

Although every County Probate Court in Georgia has unique responsibilities, all courts handle the administration of Georgia wills. Though some of these may be initiated via the World Wide Web, here are a few of the services it provides:

• Administration of Estates

• Birth and Death Certificates

• Certificates of Residence

• Probate of Wills

• Custodian Changes

• Minors Fireworks Permits

• Guardians and Conservators of Adults

• Uniform Transfer to Minor’s Act-Custodian Changes

• Involuntary Hospitalization/Outpatient Evaluations

• Marriage License Certificates

• Probate of Wills

• Conservators for Minors Temporary and Permanent Guardians

• Permanent and Temporary Guardianship of Minors

• Weapons Carry Licenses

Although the Probate Court of Gwinnett County handles various services and responsibilities, these are the most commonly sought.

Local lawyers can outline the other activities the court administers and assist you with the processes. At The Law Office of Paul Black, we are equipped to handle any issues involving the estate. However, we do not handle firearms permit-related issues.

Many of the Probate Court Forms can be found online. The Council of Probate Court Judges of Georgia has created standard forms people can use in every Georgia County Probate Court.

Pay attention: you must use the most recent form since these forms are regularly updated. Some forms are not standard that people can use in specific cases when standard forms are not available. Some of the most commonly used forms include the following:

• Marriage license applications

• Georgia firearms license applications

• Petition to Probate will in Solemn Form

• Petition for Letters of Administration

Many other activities need to be handled directly at the court.

Gwinnett County Probate Court and Wills

If your loved one has a will when they die, you or the estate’s executor should file it at the Gwinnett County, GA, Probate Court. This is also true if your loved one didn’t live in Gwinnett County, Georgia, but did own property there.

Wills are private during the lifetime of their creators. However, once an individual dies, the will has to be filed in the county probate court where the deceased was living for the will to be administered. In other words, wills are considered public records after they are filed with the court and can be accessed in person with the help of a court clerk and online.

After filing the will, the probate court or your attorney can advise you on the next steps. Depending on the circumstances, you may have to go through a probate court case, or the will may be processed without it.

Working with an attorney is always the best choice. They can guide you through any complicated aspects of the case and ensure your rights are protected.

If the will is not filed, an administrator must be appointed by the probate court.

There are several types of fees associated with probate court cases. You must pay for filing fees, recording fees, and the executor’s commission. If you cannot afford these expenses, requesting a waiver of fees from the court through a Petition for Waiver of Fees and Costs is possible.

How Long Does It Take To Probate a Will in Gwinnett County?

The time it takes to probate a will in Gwinnett County varies and depends on several factors. Some of the common factors that can contribute to the length of the process include:

• The complexity of the estate

• Any disputes or challenges to the will

• The efficiency of the executor or personal representative

• The workload of the probate court

Generally, it can take eight months to a year or more for a will to be probated in Gwinnett County. However, if the estate is small and there are no complications, the process may be relatively quick.

If you have any questions about the probate process in Gwinnett County, it’s best to speak with an attorney who specializes in this area of law. They can provide you with personalized guidance and answer any specific questions you may have related to the Gwinnett County Probate Court.