Probate Court Procedures

CURRENT STATUS, JUDICIAL EMERGENCY DECLARATION

 

             Chief Justice Harold D. Melton and Governor Brian Kemp have extended the respective emergency periods continuously over the past several months.  You can read the judicial emergency orders, and obtain other information, on this Georgia Supreme Court web page.

 



            On Friday, April 3, 2020, Governor Brian Kemp confirmed that his executive orders are not applicable to the judiciary. The Governor also affirmed that the judiciary is governed by the Judicial Emergency Orders entered by the Supreme Court of Georgia.  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 mail, or by hand delivery to the building entrance security station in a sealed envelope.

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 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 are on the specific page of this web site.  

 

Due to current health conditions, the number of individuals present at one time in the office is limited and masks are required in the Clerk's Office 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 should have a certified copy of the final decree in your records. 

The license fee is $56.00 payable by cash or check. 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 Probate Court office in person or by email.

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

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.