Overview
Cobb County is the third-most-populous county in Georgia, located northwest of Atlanta with Marietta as its county seat. The Cobb County Probate Court handles all estate filings for residents domiciled in the county at the time of death, including will probate, administration of intestate estates, Year's Support petitions, and guardianship matters.
Cobb County residents have access to the same probate pathways available throughout Georgia: solemn form probate (noticed to heirs, immediately final), common form probate (no notice, challengeable for four years), letters of administration (no will), no-administration-necessary orders, and Year's Support petitions. The Cobb County Probate Court publishes a helpful fee schedule and resource guide on its website.
The court is located on Waddell Street in Marietta and accepts filings in person during business hours. Cobb County is one of the more active probate courts in the metro Atlanta area, processing a significant volume of estate cases each year.
This guide is for informational purposes only and does not constitute legal advice. Verify current requirements with the Cobb County Probate Court or an attorney.
Courthouse Information
Cobb County Probate Court
The Cobb County Probate Court is located in downtown Marietta near the historic Marietta Square.
Address: 32 Waddell Street, Marietta, GA 30090
Phone: (770) 528-1900
Email: probatecourt@cobbcounty.gov
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The court provides a detailed fee schedule and resource guides on its website to help filers prepare petitions correctly before visiting the courthouse.
Parking and Access
Limited metered and lot parking is available near the courthouse in downtown Marietta. The courthouse is accessible by CobbLinc transit. Plan for security screening at the building entrance.
Filing Process
Step 1: Determine the Appropriate Petition
Review your situation to select the correct filing:
- Solemn Form (GPCSF 5): Will probate with notice to heirs — immediately final
- Common Form (GPCSF 4): Will probate without notice — not final for four years
- Letters of Administration (GPCSF 3): Intestate estate (no will)
- No Administration Necessary (GPCSF 9): All debts paid, heirs agree on distribution
- Year's Support (GPCSF 10): Surviving spouse and/or minor children
Step 2: Calculate Fees and Prepare Documents
Review the Cobb County fee schedule before filing. Gather:
- Completed petition form
- Original will (if applicable)
- Certified death certificate
- Filing fee payment
- List of heirs at law with current addresses
Step 3: File the Petition
File in person at 32 Waddell Street, Marietta during business hours. The court accepts cash, money orders, credit cards (with a service fee of 3.5% or $2.00, whichever is higher, capped at $5.00 for estate filings), or personal checks payable to "Cobb County Probate Court."
Step 4: Service and Publication
For solemn form, serve all heirs by certified mail ($8.50 per person) or personal service ($50.00 within Cobb County). Publish Notice to Debtors and Creditors in the Marietta Daily Journal for four consecutive weeks.
Step 5: Hearing, Administration, and Closing
Attend the scheduled hearing, receive Letters, inventory assets, pay debts, file annual returns, distribute assets, and petition for discharge.
Local Requirements
Cobb County-Specific Procedures
- Fee schedule is published on the county website at cobbcounty.gov/probate-court/fees. Fees were updated effective January 1, 2025 per SB232.
- Personal service in Cobb County costs $50.00 payable to the Probate Court.
- Personal service outside Cobb County (within Georgia) costs $50.00 payable to the respective Sheriff's Office.
- Certified copies cost $10.00 for the first page and $1.00 for each additional page.
- Publication must appear in the Marietta Daily Journal, the legal organ for Cobb County.
- Credit card processing fee: 3.5% or $2.00, whichever is higher (capped at $5.00 for estate filings).
Bond Requirements
Bond may be waived when the will expressly waives it and all heirs consent. Otherwise, the court typically requires a surety bond. Bond premiums generally run 0.3% to 0.5% of the bond amount annually.
Year's Support in Cobb County
The Petition for Year's Support costs approximately $322.00, which includes publication costs. This petition must be filed within two years of the date of death and takes priority over all other estate claims.
Timeline & Fees
Filing Fees (Cobb County)
Cobb County publishes a detailed fee schedule. Key fees include:
- Petition to Probate Will in Solemn Form with Letters: $202.00
- Petition for Year's Support (includes publication): $322.00
- Personal service (in Cobb County): $50.00
- Certified mail service: $8.50 per person
- Certified copies: $10.00 first page, $1.00 each additional page
- Publication (4 weeks in Marietta Daily Journal): included in some petition fees; otherwise approximately $80-$150
Fees were updated effective January 1, 2025. Check the court website for the most current schedule.
Payment Methods
Cash, money orders, credit cards (with processing fee), or personal checks payable to "Cobb County Probate Court."
Estimated Timelines
- Simple estates: 6-12 months
- Average estates: 12-18 months
- Complex or contested estates: 18 months to several years
The four-week publication period and three-month creditor claims window set the minimum timeline.
Local Resources
Cobb County Probate Court Resources
- Court Website: cobbcounty.gov/probate-court
- Fee Schedule: cobbcounty.gov/probate-court/fees
- Additional Forms: cobbcounty.gov/probate-court/additional-forms
- Georgia Standard Forms: gaprobate.gov/standard-forms
Legal Aid and Attorney Referrals
- Georgia Legal Services Program: (404) 206-5175
- State Bar of Georgia Lawyer Referral Service: (404) 527-8700
- Cobb County Bar Association: Offers attorney referral services in the Marietta area
Publication
- Marietta Daily Journal: 508 Fairground Street, Marietta, GA 30060 — (770) 795-3000 — Cobb County's legal organ for probate notices