Probate Court

Frequently Asked Questions

Marriage Licenses

What do I need to apply for a marriage license?

Based on conditions, the number of individuals present at one time in the office may be limited because of close quarters and two-way foot traffic in public areas. 

You may call our office at (770) 781-2140 to have a marriage application packet to be emailed to you. Once your license is ready to be picked up, you will be contacted. This can minimize your wait time in our office to process your application.

Both parties must appear with valid ID (driver's license or birth certificate). If divorced, it is not necessary for you to bring in a copy of your final decree of divorce; however, you will need to provide the date of the final decree along with the county and state in which the divorce was finalized.  It is recommended that you keep a certified copy of the final decree of divorce for your personal records. 

Applicants must be at least 18 to apply without parental consent. Please call the Probate Court office at 770-781-2140 for more information.

What is the fee for a marriage license?

The license fee is $56.00 payable by cash, check, or credit/debit card. If using a credit/debit card, there is a 4.5% convenience fee charged by the credit card processing company and added to the total amount. The fee is reduced to $16 upon presentation of the Court form certifying pre-marital counseling. The form and requirements may be obtained from the Forms section below, the Probate Court office in person or by email.

How can I get copies of my marriage license?

Requests for birth certificates, death certificates, and marriage certificates can be made in writing or in person. Please see the Forms section below for the relevant request forms. Contact our office at (770) 781-2140 or probatevital@forsythco.com.

Passports

How do I apply for a passport?

Notice:  All passport application forms and information on passport processing times from the US State Department may be found here.  We are currently processing passports by appointment only.


 

Appointments are currently scheduled on Monday, Wednesday, or Friday from 9:00 a.m. until 4:00 p.m. 

UPDATE:  Beginning on May 2, 2022, our office will will begin taking passport appointments Monday - Friday from 9:00 a.m. until 4:00 p.m.

Note: Appointments are scheduled in advance by calling (770) 781-2140.  

School Holidays and School Breaks:  Please make appointments for these days well in advance because it is quite likely that capacity will be reached and no appointments will be available. 


You can schedule an appointment to apply in person if at least one of the following conditions applies to you:

  • You are applying for your first U.S. passport

  • You are under age 16

  • Your previous U.S. passport was issued when you were under age 16

  • Your previous U.S. passport was lost, stolen, or damaged

  • Your previous U.S. passport was issued more than 15 years ago

If you do not meet any of the above conditions, you are classified as a renewal.  You will need to complete form DS-82 available at travel.state.gov.  Renewals of existing adult passports are handled directly with the US State Department. 

What do I need to apply for a passport?

PASSPORT APPLICATION INSTRUCTIONS

Please read carefully

1. Complete application form DS-11 in black ink (DO NOT SIGN-DO NOT COMPLETE SECTION BELOW THE WORD “STOP”). Application must be 2 pages (cannot be front & back).

2. Please bring the following items with the completed application:

a. One (1) recent passport photo.

b. Certified Birth Certificate with raised vital records seal. (These certificates cannot be hospital issued and must include parental information-birth certificate cards are not acceptable). 

c. If a passport was previously issued as an adult, you may submit that passport in lieu of a birth certificate. All minors (under 18) must submit a birth certificate along with the previously issued passport. 

d. Applicants under 16 years old must have both parents present.

e. Applicants who are 16-17 years old must have 1 parent present.

f. If a naturalized citizen, submit original certificate.

g. If your name on the application differs from your birth certificate/naturalization papers, provide supporting certified documentation.

h. Driver’s License (if licensed). If “LIMITED TERM” driver’s license, you MUST submit a second form of identification (permanent resident card or passport).

i. CHECK OR MONEY ORDER payable to US DEPT OF STATE:

16 YEARS OF AGE AND OLDER-   $130.00 (Passport Book) 

                           $30.00 (Passport Card)

15 YEARS OF AGE AND UNDER-   $100.00 (Passport Book)

                                                             $15.00 (Passport Card)

TO EXPEDITE A PASSPORT add $60.00 (expedite fee) plus $18.32 (overnight return delivery) for each application (overnight return for passport book only). 

j. CASH, CHECK, OR CREDIT/DEBIT CARD PAYMENT in the amount of $35.00 for each application, payable to PROBATE COURT.  (If using a credit/debit card, there is a 4.5% convenience fee charged by the credit card processing company and added to the total amount.)

3.   All applicants must appear in person regardless of age.

How do I renew a passport?

NOTE:  Renewals of existing adult passports are handled directly with the US State Department.  Click here for the Home Page of the Travel Division.  Passports for children under age 16 are only valid for 5 years and must be applied for in person with two parents or guardians present.  You cannot renew a child's passport.

"TURN AROUND TIME" at the Secretary of State's Office as of April 15, 2022 is estimated at 8-11 weeks for routine service and 5-7 weeks for expedited service.  Please check the US State Department website for the latest estimated processing times.  

Georgia Firearm License

Do I need a weapons carry license?

Governor Brian P. Kemp signed the Georgia Constitutional Carry Act (SB 319) and a license reciprocity measure (HB 218) into law on April 12, 2022.  Our office cannot provide direction or guidance on the ramifications of the legislation.  If you choose to apply for a weapons carry license, our office will continue to process any applications received.  Please consult with an attorney if you have any questions.

How do I renew my gun permit/weapons carry license?

Weapons carry license applications are accepted at the Probate Court Monday through Friday, 8:30am to 4:00pm.

  1. Current health guidelines are being followed.
  2. Security and health screening will be done by deputies of the Forsyth County Sheriff at the entrance to the building.
  3. We may limit the number of customers at a time in the waiting area due to current health guidelines. Therefore we ask that any renewal applicants come on Mondays, Wednesdays, and Fridays to minimize your wait time.
  4. The renewal cost is $30.00, payable by cash or credit/debit card.

Please call the Probate Court office at (770) 781-2140 for more information or questions.

When can I renew my gun permit/weapons carry license?

90 days prior to the expiration date or 30 days after the expiration date.

What do I need to apply for a gun permit/weapons carry license?

Weapons carry license applications are accepted at the Probate Court Monday through Friday, 8:30am to 4:00pm.

In an effort to process as many applications as possible and minimize the wait time at our office to process your application, the following procedures are being used:

Fingerprint background checks are required for all new weapons carry license applications. The Forsyth County Sheriff has assigned Tuesdays and Thursdays as those days upon which appointments can be made for the required new license fingerprint background checks. Specific day assignments are necessary because of other backlogs in background checks unrelated to weapons carry licenses. Appointments can be made with the Sheriff's Office by calling (770) 781-2105.

Your fingerprint background check must be done within 5 days of your weapons carry license application, so it is best to complete your application with the Probate Court on the same day as your appointment with the Sheriff's Office. You should arrive at the Probate Court approximately 30 minutes prior to the time of your appointment with the Sheriff's Office for the background check. You should be able to submit your fingerprints immediately after concluding the application process with the court clerks. The Probate Court and the Sheriff's Office are located in the same building.

What is the fee for a gun permit/weapons carry license?

The application fee for a new license is $73.25, payable by cash or credit/debit card. The renewal cost is $30.00, payable by cash or credit/debit card.

How do I change the address on my gun permit/weapons carry license?

You must update the address in the county where your weapons carry license was issued. If your license was issued in Forsyth County, you may come to the Probate Court anytime Monday-Friday, 8:30-4:00. Bring your current weapons carry license, your driver’s license with the updated address and the fee-$6.00 cash or credit/debit card. 

Please call the Probate Court office at (770) 781-2140 for more information or questions.

Birth & Death Certificates

How can I get copies of a birth or death certificate?

Requirements for birth, death, and marriage certificates change from time to time. The requirements imposed by the State of Georgia for birth and death certificates may be found at the State maintained web location: dph.ga.gov

Requests for birth certificates, death certificates, and marriage certificates can be made in writing or in person. Please see the Forms section below for the relevant request forms. You may contact our office at (770) 781-2140 or probatevital@forsythco.com to request a form be sent to you. 

What is the fee for a copy of a birth or death certificate?

$25.00 for the first copy, $5.00 for each additional copy purchased at the same time for the same person. All copies are certified.

Who may get certified copies of a birth or death certificate?

Only those individuals with a direct and tangible interest, primary immediate family members, or legal representatives of the family may request a certified copy of a birth or death certificate.  Valid identification must be provided by the requesting party.   

Disposition Permits

This is a list of the two Deputy Local Registrars, together with contact information, from whom disposition permits may be obtained during hours when the Forsyth County Probate Court is not open.


Ingram Funeral Home
210 Ingram Avenue
Cumming, Georgia 30040
(770) 887-2388 Telephone
(770) 887-7533 Fax


McDonald and Son Funeral Home
150 Sawnee Drive
Cumming, Georgia 30040
(770) 886-9899 Telephone
(770) 886-6997 Fax

Estate and Guardianship

How do I probate an estate after someone dies?

The Probate Court is unable to provide any legal advice. You should consult a licensed attorney and/or visit https://georgiacourts.gov/probate/videos for more information.

What is an inventory?

An inventory is a listing of assets for an individual at the time of death or appointment of a personal representative for the estate.  You may obtain an inventory form in the Forms section of our website.

What is an annual return?

An annual return is a form that documents transactions for an estate during a specified time period.  You may obtain an annual return form in the Forms section of our website.

What is a personal status report?

A personal status report is a form that is completed by the guardian annually to provide information about an individual.  You may obtain a personal status report form for an adult or minor child in the Forms section of our website.

Probate Court Standard Forms

Each year, many of the Probate Court Standard forms are changed to comply with new code provisions and to make administrative changes. The Council of Probate Court Judges recommends the use of the latest standard forms.

All of the Probate Court Standard Forms may be downloaded for your use from gaprobate.gov.

The forms are available to visitors on that web site in PDF format. It is important that the new version of all forms be used. Use of outdated versions may not reflect recent changes in the law.

Birth Certificates

Requesting Birth Certificate and Documentation info
Birth Certificate Request Form-English
Birth Certificate Request Form-Spanish
Top

Death Certificates

Death Certificate Request Form-English
Death Certificate Request Form-Spanish Revised
Top

Estates and Guardianships

Annual Return
Estate Inventory
Adult Personal Status Report
Heirs Determination Worksheet
Annual Return instructions
Minor Personal Status Report
Personal Representative's Handbook
Inventory Instructions
Top

Marriage License and Certificate

Marriage Application Worksheet
Marriage Certificate Request Form
Marriage Counseling Form
Top

Weapons Carry License

Firearms License Worksheet Application
Top

Fees

Estates

Probate Court fees and any other sums required by law to be collected as additions to court costs are set by statute.  This is not an exhaustive list of filing fees.  Filing fees do not include costs for service of process, fees for publication, and fees for court-appointed attorneys and evaluators.  Please contact the Clerk of Court with any questions or for further information.  Listed below are common filing fees:


Petition for Letters of Administration- $160.00 plus $2 per page recording costs

Petition to Probate Will in Solemn Form- $160.00 plus $2 per page recording costs

Petition for Temporary Letters of Administration- $145.00 plus $2 per page recording costs

Petition to Probate Will in Solemn Form and for Letters of Administration with Will Annexed- $160.00 plus $2 per page recording costs

Petition for Year's Support- $160.00 plus $2 per page recording costs

Petition of Personal Representative for Leave to Sell Property- $55.00 plus $2 per page recording costs

Petition for Discharge- $50.00 plus $2 per page recording costs

Inventory, Annual Return or Final Return- $25.00 plus $2 per page recording costs

Caveat or Objection- $50.00 plus $2 per page recording costs

Minor Guardianship/Conservatorship

Probate Court fees and any other sums required by law to be collected as additions to court costs are set by statute.  This is not an exhaustive list of filing fees.  Filing fees do not include costs for service of process, fees for publication, and fees for court-appointed attorneys and evaluators.  Please contact the Clerk of Court with any questions or for further information.  Listed below are common filing fees:

Petition for Temporary Letters of Guardianship of Minor- $105.00 plus $2 per page recording costs                                            

Petition for Letters of Guardianship of Minor- $105.00 plus $2 per page recording costs

Petition for Letters of Conservatorship of Minor- $105.00 plus $2 per page recording costs

Petition to Compromise Doubtful Claim of Minor- $100.00 plus $2 per page recording costs

Minor Conservatorship Inventory and Asset Management Plan- $30.00 plus $2 per page recording costs

Annual Return or Final Return of Conservator- $30.00 plus $2 per page recording costs

Personal Status Reports- $2 per page recording costs only

Adult Guardianship/Conservatorship

Probate Court fees and any other sums required by law to be collected as additions to court costs are set by statute.  This is not an exhaustive list of filing fees.  Filing fees do not include costs for service of process, fees for publication, and fees for court-appointed attorneys and evaluators.  Please contact the Clerk of Court with any questions or for further information.  Listed below are common filing fees:

Petition for the Appointment of an Emergency Guardian and/or Conservator for a Proposed Ward- $180.00 plus $2 per page recording costs                                                                               

Petition for the Appointment of a Guardian and/or Conservator for a Proposed Ward- $180.00 plus $2 per page recording costs

Petition of Conservator for Leave to Sell, Rent, Lease or Otherwise Dispose of Property- $75.00 plus $2 per page recording costs

Adult Conservatorship Inventory and Asset Management Plan- $30.00 plus $2 per page recording costs

Annual Return or Final Return- $30.00 plus $2 per page recording costs

Personal Status Reports- $2 per page recording costs only

Petition of Conservator for Final Settlement of Accounts and Discharge from Office and Liability- $75.00 plus $2 per page recording costs

Petition or Motion for Attorney's Fees- $70.00 plus $2 per page recording costs

Petition for the Restoration of an Individual Found to be in Need of a Guardian and/or Conservator- $70.00 plus $2 per page recording costs

Other Costs/Actions

Probate Court fees and any other sums required by law to be collected as additions to court costs are set by statute.  This is not an exhaustive list of filing fees.  Filing fees do not include costs for service of process, fees for publication, and fees for court-appointed attorneys and evaluators.  Please contact the Clerk of Court with any questions or for further information.  Listed below are common filing fees:

Hearings in contested matters, per half day- $30.00

Exemplified Copies- $15.00 plus $1 per page

Certified copies of Letters of Personal Representative, Temporary Administrator, Guardian or Conservator- $10.00 each

Recording costs- $2.00 per page

Copies- $1.00 per page

Postage for mailing- actual cost of postage for item

Personal service fee by Forsyth County Sheriff- $50.00 per person

Application for Firearms License- $73.25

Renewal Application for Firearms License- $30.00

Replacement Firearms License- $6.00

Marriage License Application without Premarital Certificate- $40.00

Marriage License Application with Premarital Certificate- $16.00

Office Hours

Probate Court is open daily to the public from 8:30 a.m. - 4:30 p.m.

NOTE:  If you are applying in person for a marriage license or weapons carry license, please arrive to the office no later than 4:00 p.m. so there is sufficient time to process your license application.

Probate Court Procedures

We are currently monitoring state and local responses to the COVID-19 pandemic and following guidance issues by various agencies to protect the health and safety of those working and visiting our court. The functions of the Probate Court of Forsyth County will be accomplished in the following manner unless exigent circumstances in a particular case require otherwise:

  1. All filings pursuant to Title 53 (Estates) shall be accomplished by United States Mail, statutory delivery, or courier to the greatest extent possible.
  2. All filings pursuant to Title 29 (Guardianships, Conservatorships, and actions to compromise a claim) shall be accomplished in the same manner as above, except that (a) emergency guardianship or conservatorship petitions or (b) medical consent guardianship petitions may be filed by appointment scheduled by telephone in advance.
  3. All filings pursuant to Titles 31 and 37 (applications for an Order to Apprehend) shall be by appointment made by telephone.
  4. Marriage license applications can be made in person or by email request. One may call for the current procedures.
  5. Requests for copies of documents, whether or not certified, can be made in person or in writing, including, but not limited to, letters issued to personal representatives, birth certificates, death certificates, marriage documents, etc. All fees shall accompany the written request.
  6. All filings or requests not described above shall be accomplished by United States mail or statutory delivery to the greatest extent possible.
  7. Hearing and trial schedules are being adjusted on a case-by-case basis. Almost all hearings are being scheduled as specially set proceedings. Virtual hearings are being conducted to the greatest extent possible.
  8. Fiduciary oath appointments for those living outside the county or those with health issues can made in advance by telephone.

All filings and requests must be accompanied by exact fee amounts. All requested copies of Title 53 and Title 29 documents shall be transmitted to the requesting party by mail unless other arrangements are approved in advance, and the written requests therefor shall include a self-addressed, stamped, envelope. This includes “file stamped” copies of filings.

Passport applications will be accepted by appointment only. Weapons carry license procedures and marriage applications are on the specific pages of this web site. Vital records request information can be found on this website.

Due to current health conditions, the number of individuals present at one time in the Clerk's Office is limited and masks are required in the Clerk's Office and other public areas of the building because of close quarters and two-way foot traffic. 

Please call the Probate Court office at 770-781-2140 for more information or additional questions.

About

Probate Court has exclusive, original jurisdiction in the probate of wills, administration of estates, appointment of guardians for minors and incapacitated adults, and appointment of conservators for minors and incapacitated adults. Issues marriage licenses, firearms applications, birth and death certificates and processes passport applications. The Probate Court of Forsyth County is now an "Article 6" or "expanded jurisdiction" Probate Court. Appeals from The Probate Court of Forsyth County are no longer to Superior Court. All appeals are directly to the Georgia Supreme Court or to the Georgia Court of Appeals. 

Contact

Daisy Weeks-Marisko
Judge, Probate Court

Phone: (770) 781-2140
Fax: (770) 886-2839

Location

Probate Court

100 West Courthouse Square Suite 008
Cumming, GA 30040

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