Fulton County Probate Court: A Local Guide to Navigating Probate in Atlanta
Navigating the probate process can be daunting, especially when dealing with the loss of a loved one. This guide provides specific information for handling probate matters in Fulton County, Georgia.
Fulton County Probate Court Information
Address: 136 Pryor Street SW, Suite C-230, Atlanta, GA 30303 Phone: (404) 613-4070
Operating Hours: Monday - Friday, 8:30 a.m. to 5:00 p.m. (Filings after 4:00 p.m. will be processed the next business day)
Note: The court is not usually open on State and Federal holidays, and in conditions of severe weather or other emergencies. It's best to call ahead to confirm.
Judges
- Kenya Johnson, Probate Court Judge
What the Fulton County Probate Court Does
The Fulton County Probate Court has exclusive jurisdiction over several key areas:
- Probating wills
- Administering estates when someone dies without a will
- Appointing and removing executors and administrators of estates
- Handling guardianships and conservatorships for minors and incapacitated adults
- Auditing returns of executors, administrators, and conservators
- Issuing marriage licenses and weapons carry licenses
- Handling involuntary mental health commitments and substance abuse commitments
- Miscellaneous duties like certificates of residence and recording oaths of elected officials
Step-by-Step Probate Process in Fulton County
Here's a general outline of the probate process in Fulton County. Note that the specific steps and requirements can vary depending on the details of the estate.
1. Filing the Initial Petition:
- The first step is to file the appropriate petition with the Fulton County Probate Court to open the estate.
- If there's a will, you'll likely file a "Petition to Probate Will" along with the original will and a certified copy of the death certificate. You can choose to probate the Will in solemn form or in common form. The petition to probate in common form will not be binding for four years after it has been completed.
- If there's no will, a relative typically files a "Petition for Letters of Administration". The court will then appoint an administrator to manage the estate according to Georgia's intestacy laws.
- This initial filing is crucial as it sets the legal groundwork for everything that follows.
2. Appointing an Executor or Administrator:
- If there is a will, the person named in the will as executor typically petitions the court to be officially appointed.
- If there is no will, the court will appoint an administrator, often a close relative of the deceased.
3. Notifying Heirs and Creditors:
- The executor or administrator must notify all heirs and beneficiaries of the probate proceedings.
- A notice to creditors must also be published in a local newspaper, giving them a chance to file claims against the estate. Creditors generally have 90 days to make a claim against the estate. Georgia law requires the estate to remain open long enough for creditors to respond, usually at least 3 months.
4. Inventorying Assets and Settling Debts:
- The executor or administrator is responsible for creating a detailed inventory of all the deceased's assets, including real estate, personal property, bank accounts, investments, and other holdings.
- These assets must be reported to the court.
- The executor or administrator must then pay all legitimate debts, taxes, and administrative expenses of the estate.
- Debts are paid in a specific order as per Georgia Code 53-7-40, including reasonable expenses of the last illness, unpaid taxes, and judgments.
5. Distributing Assets and Closing the Estate:
- Once all debts and expenses are paid, the remaining assets are distributed to the heirs or beneficiaries as specified in the will. If there's no will, assets are distributed according to Georgia's laws of succession.
- The executor or administrator files a final petition with the Fulton County Probate Court, including a final accounting of all income and expenses, to officially close the estate.
Important Considerations:
- Will Safekeeping: Anyone with possession of the deceased's will must file it with the Probate Court.
- Domicile: If the deceased was not domiciled in Georgia at the time of death, you may file the will in any Georgia County where they owned property.
- Timeframe: An uncontested probate case in Fulton County typically takes between six to twelve months.
- Fiduciary Duty: A personal representative has a duty to settle the estate expeditiously.
How to File
You can file documents in person or by mail.
In Person:
- Location: Fulton County Courthouse, 136 Pryor Street SW, Suite C-230, Atlanta, GA 30303
- Hours: Monday through Friday, 8:30 a.m. to 2 p.m. All filings must be completed no later than 4pm for complete processing. Please plan to arrive no later than 3:30pm.
- Our South Service Center is accepting petitions on a walk-in basis Monday-Friday 8:30-4pm.
- Our North Service Center are accepting petitions by only.
By Mail:
- All pleadings filed with the Fulton County Probate Court by mail must be signed, verified, and have the appropriate filing fees. Pleadings without fees will be returned without filing.
- Mail to: Fulton County Probate Court, 136 Pryor Street SW, Suite C-230, Atlanta, GA 30303
- We advise mailing through FedEx with a tracking number for faster receipt and delivery confirmation.
Contact Information:
- Phone: (404) 613-4070
Costs and Fees
Here are some of the fees associated with probate in Fulton County. Please note that these fees are subject to change. It is always best to confirm the current fees with the court directly.
Filing fees were updated January 1, 2026
- General Filing Fee: Most petitions require a filing fee.
- Inventory Filing Fee: $25 plus $2 per page
- Publication Fee for Petition for Discharge (Estates): $30
- Publication Fee for Petition for Discharge (Conservator): $45
- Other Publication Fees: $15 per first 100 words times number of weeks. Example: 203-word count for 4-week publication would be $45+$45+$45=$180.
- Certified Copies of Estate Records: $10 for certification and $1 per page
- Exemplified Copies of Estate Records: $15 for the process and $1 per page
- Uncertified Copies of Estate Records: $1 per page
- Estate Searches: $10 per search via mail (provide full name of Decedent and date of death)
- Creditor's Claims: $15
- Withdrawal and Satisfaction of Claims: $10
The Court accepts cash, credit cards, cashier's checks, or money orders. Make any cashier's check or money order made out to the Fulton County Probate Court. For mailed-in requests, payment must be a money order or cashier's check.
Frequently Asked Questions (FAQ)
1. What is the first step in the probate process?
The first step is filing a petition with the Fulton County Probate Court to open the estate. This includes submitting the deceased's will, if available, and a death certificate.
2. How long does probate usually take in Fulton County?
An uncontested probate case in Fulton County typically takes between six to twelve months.
3. What happens if someone dies without a will in Fulton County?
If someone dies without a will, they are considered to have died "intestate." In this case, the Probate Court will appoint an administrator to manage the estate, and assets will be distributed according to Georgia's laws of succession.
4. What debts must be paid from the estate?
Georgia law specifies the order in which debts must be paid. This includes reasonable expenses of the deceased's last illness, unpaid taxes, and judgments.
5. Where can I find Probate Court Forms?
Most of the Fulton County probate court forms can be accessed online, including 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. Probate Court Forms are also available on the Fulton County Courts Justice Resource Center website.