Probate Court Procedures

CURRENT STATUS, JUDICIAL EMERGENCY ORDERS

 

             The statewide Judicial Emergency Order issued by the Chief Justice of the Supreme Court of Georgia ended on June 30, 2021.  You can read the previous judicial emergency orders, and obtain other information, on this Georgia Supreme Court web page.

 



            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, shall be in writing only, 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. 

To minimize your wait time in our office, you may complete a Marriage License Application (found in the forms section of the Probate Court website) and e-mail it along with a copy of identification for both applicants to probatevital@forsythco.com or you may call our office at (770) 781-2140 to have a marriage application packet emailed to you.  Once your license is ready to be picked up, you will be contacted.  Both parties must be present when picking up the license.  

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 should have a certified copy of the final decree in your records. You will need to provide the date of the final decree, along with the county and state in which the divorce was finalized.

The license fee is $56.00 payable by cash, check, or credit card.  If using a credit 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 was completed.  The counselor will need to complete the certification form and sign in front of a notary. The certification form is located under forms on the Probate Court website or may be obtained from the Probate Court office in person or by email.  Other forms of proof of completion may be accepted but must include the number of hours and/or reference the applicable statute and include an original signature.

Applicants must be at least 18 to apply without parental consent. 

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

Contact Us

 Address: 100 West Courthouse Square, Suite 008 Cumming, GA 30040
 Phone: 770-781-2140
 Fax: 770-886-2839
 Email: Contact Us

Our Mission

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.