Probate Court

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Efile is now available!

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 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. 

Location and Hours

100 West Courthouse Square Suite 008

Cumming, GA 30040

We are located in the Forsyth County Courthouse Annex.

Probate Court is open Monday - Friday 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.

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- $56.00

Marriage License Application with Premarital Certificate- $16.00

Frequently Asked Questions

How do I make a filing in Probate Court?

All filings must be in writing and signed and verified by the filing party. Filings can be verified by a notary or a Probate Court clerk. If other parties are entitled to service or notice of your filing, you are responsible for providing copies of your filing and mailing materials to the Probate Court. You can contact our office and speak to a clerk about service provisions if you have any questions. All filings must be accompanied by the appropriate filing fees. You may file your documents by mail, in person, or by Efile.

Do I have access to the Law Library? Where is it?

The Forsyth County Law Library is located in the Forsyth County Courthouse at 101 East Courthouse Square, Cumming, GA 30040. The Law Library open to the public to conduct legal research Monday – Friday 9:00 a.m. – 4:00 p.m.

How do I hire an attorney?

You may conduct your own research to hire an attorney familiar with probate law. You may also consider contacting the Georgia State Bar or the Forsyth County State Bar for suggestions.

I have a legal question.

Court personnel are prohibited by law from providing legal advice. Please contact an attorney or visit the Law Library with any legal questions you may have.

Can I view and make copies of court filings?

Certain files are sealed and not available to be viewed by the public. However, those files that are subject to public record searches may be viewed in person at our kiosk located in our clerk’s office. You may also call our office to request copies of public court filings. Please note – you will be billed for all copies requested at $1.00/page and applicable postage fees. Some research requests may be subject to an additional administrative research fee.

Contact

Daisy Weeks-Marisko
Judge, Probate Court

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

Email: probatehearing@forsythco.com

Location

Probate Court

100 West Courthouse Square Suite 008
Cumming, GA 30040

TERMS OF USE
PRIVACY STATEMENT

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