Gwinnett County Probate Court

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The Georgia Probate Court of Gwinnett County handles civil law issues such as marriage licenses, family matters, estate disputes, and more. Speak with an experienced attorney today.

Author: Paul Black

After graduation from GSU Law, Paul was chosen from dozens of applicants nationwide as one of three 2010-2011 Borchard Foundation Law & Aging Fellows. Paul has been named as  a SuperLawyers “Rising Star” in the area of Estate Planning and as a member of Georgia’s “Legal Elite” by Georgia Trend magazine. 

Published on: July 2, 2019. Last updated on: November 18, 2021.

Probate Court of Gwinnett County

Gwinnett County Probate Court section

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Among the many other activities and functions it performs, this 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, which are provided to the petitioner by the Gwinnett County courts.

Since the processes are pretty 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 BlackAttorney Paul Black will assist you in finding the best path forward in your situation.

Gwinnett Probate Court Services

This 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 a range of 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.

Gwinnett Probate Court services

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Gwinnett County Probate Information

Gwinnett County Probate Information

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It’s never too early to start planning for your family’s future.

If you have questions, I’m here to help and provide more information. There is no commitment, and we provide free initial 15-minute phone calls. We look forward to meeting you.

It’s never too early to start planning for your family’s future.

If you have questions, I’m here to help and provide more information. There is no commitment, and we provide free initial 15-minute phone calls. We look forward to meeting you.

To ensure the office is open before you arrive, it is best to double-check that you have updated the court’s information. See below for more information, and if you have questions, qualified Gwinnett County Georgia attorneys can advise.


What Are Probate Court of Gwinnett County Hours?

Excluding holidays, regular court hours are Monday to Friday from 8:00 a.m. to 4:30 p.m. These hours hold for most issues and businesses handled at the court.

However, the hours are shorter for weapons carry licenses: Monday to Friday from 8:00 a.m. to 4:00 p.m.


What Is Gwinnett County Georgia Probate Court Address?

The Estate Division of the court is on the main floor of the Gwinnett Justice and Administration Center. You can find it at 75 Langley Drive, Lawrenceville, GA 30046.

There are many reasons to consider planning your estate in addition to avoiding the headache of probate court. Learn more by reading our article, 10 reasons to create an estate plan now.


What Is Gwinnett County GA Probate Court Phone Number?

The court’s phone number is 770-822-8250. The fax number is 770-822-8217. The Vital Records Division fax number is 770-822-8008.

The court’s email is [email protected]. Questions can be directed there, or you can contact an experienced lawyer for more information.

How to Find Gwinnett County Probate Court Forms?

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 have to use the most recent form since these forms are regularly updated. There are also forms that are not standard people can use in specific cases when standard forms are not available.

Some of the most commonly used forms include the following:

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


Gwinnett County Georgia Probate Court and Wills

If your loved one has a will when they die, you or the estate’s executor should file the will 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, in order 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 as well as online.

After filing the will, the probate court or your attorney can advise you on the next steps. Depending on the individual 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.

Gwinnett County Probate Court Forms

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Handling an Estate in the Probate Court

Lawrenceville Probate Court

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Upon the deceased’s death, you are required by law to file the deceased’s will with the Probate Court. You are not necessarily required to probate a will. When there are no assets or a life insurance trust, probating a will is often not needed.

To file the appropriate paperwork, it is beneficial to get the assistance of a qualified and local attorney. They will guide you through the process and help your family avoid potential mistakes.


What Are Lawrenceville Probate Court Restrictions

The Probate Court of Gwinnett County is located in Lawrenceville, Georgia, which is the county seat. Be aware that although the Lawrenceville GA court clerks will try to assist you, the clerk and deputy clerks are strictly forbidden to practice law. Therefore, they are restricted in what they can advise you about.

This is why you may need to rely on a practicing attorney for counsel regarding probate court issues. The clerk’s office encourages all parties to seek appropriate legal counsel.


Probate Court Lawrenceville GA

Probate Court Lawrenceville GA attorneys help executors and/or personal representatives of an estate carry out the deceased person’s wishes if there is a will. Additionally, a probate lawyer can act as a liaison between the executor and beneficiaries if needed.

For example, in cases where the two don’t get along, a lawyer can mediate. If you choose to keep a probate lawyer, they can also help you sell property, distribute assets to beneficiaries, pay property taxes, handle debts, etc. Timely and proper management of these tasks can help you avoid probate court.

Probate Court Fees

There are several types of fees associated with probate court cases. You must pay for filing fees, recording fees, and the commission of the executor.

If you cannot afford these expenses, it is possible to request a waiver of fees from the court through a Petition for Waiver of Fees and Costs.

If you need help with filing your will or probate court paperwork, an experienced attorney can assist you as necessary.


Contact a Probate Attorney in Gwinnett County, GA

When dealing with the Probate Court in Gwinnett County, people who choose to proceed with no probate lawyer often make costly mistakes that can affect the outcome of their case, the outcome of the distribution of their estate, and possibly even their relationships with heirs and beneficiaries.

A Probate Lawyer in Gwinnett County can guide people through the maze of legal procedures and requirements they need to follow under Georgia law while also ensuring that their rights are protected.

Contact a reputable Georgia estate lawyer to help you plan for this complex process. No one likes preparing for their demise or thinking about the death of a loved one. However, it is even worse to be forced to make these complex decisions during an already difficult time. Plan and discuss these issues with a sympathetic attorney early to ease the process.

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