Georgia Probate Court Guide: Navigating the Process Efficiently


Speak with a trusted Probate Court lawyer in Cherokee County, Georgia.

What Is the Georgia Probate Court?

Master the complexities of Georgia Probate Court with Perigon Legal Services. Discover the court process, the necessity of legal representation, and key steps for managing probate cases in Marietta, Georgia.

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 16, 2024.

In Georgia, probate is a necessary step to ensure that a deceased person’s assets are distributed according to their wishes and that the legal responsibilities are met efficiently. The Georgia Probate Court plays a crucial role in this regard, overseeing the administration of an individual’s estate after their passing. 

At Perigon Legal Services, we understand that navigating the legal landscape of the probate process can be complex and overwhelming. We combine our excellent business acumen with strong personal skills to guide you through the legal process with clarity and understanding.

We have experience handling a variety of cases that fall under the exclusive jurisdiction of the probate court, ranging from estate administration to the probate of wills and the appointment of guardianships. Our firm is committed to providing skillful and thorough representation in these areas, ensuring our clients’ estate planning and probate needs are met with the highest level of professionalism.

Whether you are seeking guidance on managing a decedent’s estate, need assistance with understanding probate rules, or require a compassionate advisor to help with guardianship matters, our dedicated team is here to support you.

What Does the Probate Court Do?

The Probate Court judge oversees a critical and broad range of matters fundamental to estate management and personal well-being:

    • Probate of wills: The court validates the deceased’s will and oversees distribution.
    • Administrators and executors: Appointments and removals are carried out with transparency.
    • Guardians: Appointed for minors or those unable to manage their own affairs.
    • Conservators: Manage estates of incapacitated persons.
    • Heirs: Determination of rightful heirs and distribution of assets.
    • Marriage licenses: Issues licenses to couples in accordance with Georgia law.
    • Assets and debts: Ensured that assets are allocated and debts settled lawfully.
    • Taxes: Oversight of tax obligations associated with estates.
    • Weapons carry licenses: Processes weapons carry license applications in accordance with Georgia law.

    Our proficiency extends beyond the courts to staying abreast of updates from the Council of Probate Court Judges of Georgia, ensuring compliance with the Georgia Code. We are available to e-file documents with the court, embracing technology for efficiency. Our unparalleled dedication mirrors that of the Probate Court Judges in Georgia, dedicated to serving the State of Georgia and its citizens with unwavering commitment.

    Location & Contact Information of Georgia Probate Court

    For those wishing to contact the Georgia Probate Court in Marietta, kindly note the following:

    Probate Court of Cobb County

    • Address: Located at 32 Waddell Street, Marietta, GA 30090
    • Phone: (770) 528-1900
    • Email: [email protected]
    • Hours: Probate court offices are open from 8:30 AM to 5:00 PM, Monday through Friday. The court is generally closed during state and federal holidays, severe weather conditions, and other emergencies. 

      Understanding the Georgia Probate Court

      We guide our clients through the intricacies of the Georgia Probate Court with precision and commitment. In the heart of Atlanta, our esteemed law firm ensures that the complex processes of administering estates and addressing concerns related to guardianships and conservators are managed with unparalleled attention to detail.

      The Probate Process in Georgia

      At Perigon Legal Services, we are committed to guiding our clients with precision and empathy through each step of the probate process.

      Initiating Probate

      The process begins with filing a petition in the appropriate probate court. An executor named in the will, or an administrator appointed by the court if there is no will, takes an oath to faithfully administer the estate.

      Managing Estate Responsibilities 

      The court may require a bond, a type of insurance policy for the protection of the estate, unless it’s waived by the will or all heirs. Once appointed, the executor or administrator receives Letters of Administration authorizing them to act on behalf of the estate. They will then need to create a comprehensive Inventory of the deceased’s assets, which may include bank accounts, vehicles, and real estate.

      Handling Debts and Assets

      It is our duty to ensure creditors are notified, and legal notices are published in a local newspaper. Claims against the estate must be evaluated and settled, which we handle swiftly to guard against any potential Liability.

      Distribution to Beneficiaries 

      Following the resolution of debts, we can distribute the remaining assets to the rightful beneficiaries using probate forms, which could involve retirement accounts or property held in joint tenancy. If a revocable living trust is in place, those assets may bypass probate.

      Closing the Estate 

      The final step involves preparing and filing a Petition for Discharge to illustrate that all estate matters have been appropriately handled. An order Declaring No Administration Necessary could be entered if the court deems it fitting.

      We take pride in our meticulous attention to detail, ensuring that every aspect of the probate process is managed with care. If you find yourself facing the complexities of probate, know that we are here to simplify the process and shoulder the burden on your behalf.

      Why You Need a Lawyer for Georgia Probate Court

      At Perigon Legal Services, we understand that navigating the Probate Court can be a daunting task. With our commitment to detail and personalized client care, we aid in the smooth execution of our clients’ estate plans. 

      • Legal representation is crucial: Probate involves complex state laws that may be challenging to interpret. Our legal team can help identify rightful heirs and beneficiaries, ensuring the lawful distribution of assets. We provide legal counsel and can efficiently handle the necessary filings for court approval.
      • Executor and administrator appointments: If you are named an executor, we guide you through each step of fulfilling your role effectively. In the absence of a will, having a lawyer can help in securing an appointment as an administrator.
      • Financial responsibilities: Listing and appraising estate assets, as well as settling debts, require careful attention. We assist in accurate tax filings for the estate, which can be complex and time-sensitive.
      • Legal process and documentation: Our experience extends to managing the entire probate process, including all vital records, ensuring no detail is overlooked.
      • Guardianship, conservatorship, and elder law: We provide steadfast representation in court for matters concerning guardianships and conservatorships.

      Choosing us means opting for a law firm that not only exhibits strong business acumen but also deeply cares for its clients. Our skillful team is ready to handle your probate matters, alleviating the burden from your shoulders and ensuring that the legal process is adhered to with precision.

      Whether you are seeking guidance on managing a decedent’s estate, need assistance with understanding probate rules, or require a compassionate advisor to help with guardianship matters, our dedicated team is here to support you.

      Contact us today to schedule a consultation.

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      Atlanta, Georgia 30339