Cobb County Probate Court
Speak with a trusted Probate Court lawyer in Cobb County, Georgia.
The Best Choice for the Probate Court of Cobb County
The Probate Court of Cobb County is one of many county courts in Georgia that handle matters of the estate when someone passes away. The probate court also oversees many other items related to the family, such as marriage. Stan Faulkner, an experienced and trustworthy probate court attorney, can answer any questions you have about the probate process.
Author: Stan Faulkner, Founder, Perigon Legal Services, LLC
Mr. Faulkner is an experienced counselor and litigator with 15 years of experience, having held bar licenses in four states (Mo, Il, Ct and Ga). Stan Faulkner uses this experience and focuses his skills in the pursuit of assisting individuals in probate (trust and estate) matters, guardianships and conservatorships, estate planning, business disputes and contract disputes. Published on April 15, 2019.
Located at 32 Waddell Street, Marietta, GA 30090, the Probate Court of Cobb County manages all petitions that involve the probate of wills and property. Even though the intricacies of estate law are complicated, petitioning the court is comparatively straightforward.
Probate court offices are open from 8:30 a.m. to 5:00 p.m., Monday through Friday. Many petitions require no more than a $20 filing fee, which can be paid in person. Petitions and forms filed after 4:00 p.m. will be dated and processed on the next business day.
The court is generally closed on State and Federal holidays and during severe weather and other emergencies. Call the courthouse at (770) 528-1900 to confirm it is open before going.
Estate law can be challenging and confusing. Retain a qualified estate lawyer, such as those at Perigon Legal Services, for all probate matters.
Cobb County Probate Court Forms
Although there are many court forms for an assortment of different purposes, a few of the most commonly used petitions include the following:
- Determination of Right of Disposition of Remains of a Decedent
- Establish Custodial Account for Minor or Incapacitated Adult
- Leave to Sell Perishable Property by Personal Representative
- Letters of Administration
- Letters of Conservatorship of Minor
- Order Declaring No Administration Necessary
- Permanent Letters of Guardianship of Minor
- Personal Representative for Leave to Sell Property
- Presumption of Death of Missing Individual Believed to be Dead
- Probate Will in Common Form or Solemn Form
- Year’s Support
These are just a few of the many forms, most of which are available online. The court also has exclusive jurisdiction over other legal matters. These include appointment and removal of executors and administrators, sale and disposition of estate property, audit of returns of executors, miscellaneous services such as recording of elected officials’ oaths and issuing fireworks permits, and commitments of drug and alcohol abusers and mentally ill individuals.
You can either fill out the forms before you print them or print them out and finish them by hand. Visit the Council of Probate Court Judges of Georgia for more information.
Explanation of the Probate Process
Probate is the process that occurs after someone’s death to ensure the proper distribution of their assets and payment of any debts.
The process begins when the nominated executor in the deceased’s will presents the will for probate in court. If there’s no will, someone may ask the court to appoint them as administrators for the deceased’s estate. The person will take the elected officials’ oaths before the chief judge.
The Superior Court then grants the legal authority to the administrator to gather, value, and distribute the deceased’s assets. The executor will be responsible for paying off the debt and taxes owed by the estate.
Services Offered by the Probate Court
This Probate Court is just one part of the Cobb County government. It handles many aspects and areas of civil law. It has exclusive jurisdiction in matters such as the administration of estates, marriage license applications (available online), involuntary mental health commitments, and validation of wills.
Other cases include guardianship and conservators for minors or incapacitated adults and the Georgia firearms permit applications (also available online). In addition to the Probate Court, State Courts are also a part of the Cobb County Government.
Contact the clerk in charge of the court with queries about particular actions. However, remember that state law prohibits court staff from rendering legal advice. They also can’t recommend a way to pursue legal action or advise you about your legal options. However, a probate court judge, clerk, and staff can also answer questions about probate court services or how the court works. They can’t help you with specifics or a particular interpretation of the law.
For some issues, such as getting a marriage license, it is unlikely you will need the support of a lawyer. However, you might need assistance with the Probate Court of Cobb County for complicated estate resolutions, such as involving a family business. Take advantage of a consultation with a knowledgeable attorney skilled in estate and business law.
What Does a Probate Attorney Do?
These attorneys help executors of an estate carry out the deceased individual’s wishes if there’s a will. A lawyer can liaise between the beneficiaries and the executor in disputes.
If you hire an experienced lawyer, they can help you avoid probate court by properly managing estate-related responsibilities and disposition or selling the estate property. These include but are not limited to distributing assets, handling estate debts, paying property taxes, and selling property.
When dealing with probate cases, it’s wise to utilize a lawyer who has experience with probate matters and is skilled in estate planning. They will help you determine the best plan for your situation and explain why that method is better than other options.
Expert Counsel for the Probate Court of Cobb County
How to Prepare for the Probate Court of Cobb County
The preparation process for this Cobb County court involves the following three steps.
- Collect all of the deceased’s resources. That includes bank account balances, cash, investments, possessions, property, and real estate.
- Settle any debts and taxes owed by the deceased and their estate.
- Distribute the remaining assets and estate property among the beneficiaries.
There are several different ways to complete these steps, depending on whether or not there is a legal will, whether they were married, and how large the estate is. An expert lawyer can direct you through the process.
Assistance With the Probate Court of Cobb County
Cobb County Probate Records Explained
County Probate records include guardianships, marriage licenses, property, weapons permits, and wills as per the instructions of the associate judge. These files are publicly available, so it is relatively easy to acquire a copy of a will that’s been filed. In fact, you can get specific information about the deceased’s estate online for free.
After locating the proper county and verifying the probate court docket online, you can obtain a copy of a will or other court records from the court. You can achieve this in one of two ways.
Arrive in the courthouse and request a copy of the will (or other files) in person. Then, pay a copying fee based on how many pages there are. Generally, one page costs only a few dollars.
The other option is to make a written request via mail if it’s impossible to do this in person. Submit the request with a self-addressed, stamped envelope to the court. The court will use that envelope to send the copies to you.
It’s best to draw up a will and plan your estate. Unfortunately, that doesn’t always happen. When there is no will, an estate attorney can help you submit the correct probate forms. Contact a skilled and compassionate legal advisor anytime throughout the probate process.
Lawyer for the Probate Court of Cobb County
Understanding the Cobb County Ga Probate Court Functions
Overall, this GA Probate Court decides how to reconcile the deceased’s affairs legally.
When a resident of Georgia passes away, several legal documents should be filed in the county’s probate court where they lived. Non-residents who own land in the state must file in the county where the property is located. Each county has specific guidelines.
Because the process is so complicated, you should strongly consider consulting a Georgia estate law or probate court lawyer who can help you determine the best option for your circumstances.
Contact an Attorney to Navigate This Marietta, GA, Court
From weapons carry permits to marriage license applications, the management of estates, and the validation of wills, the Probate Court in Marietta, GA, manages many cases.
Although the courtroom clerk is typically available to answer general questions, an attorney like Stan Faulkner, who specializes in estate planning and probate matters, will be able to advise you regarding your particular situation.
Contact a Probate Court Attorney in Cobb County
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