Overview
Floyd County is located in Georgia with a population of approximately 101,390. The Floyd County Probate Court handles all probate and estate matters for decedents who were domiciled in the county at the time of death.
Georgia probate is governed by Title 53 of the Official Code of Georgia Annotated (O.C.G.A.). The process begins with filing a Petition to Probate Will (Solemn or Common Form) to admit the will and appoint a personal representative. The court then issues Letters Testamentary for testate estates or Letters of Administration for intestate estates.
Georgia offers a unique "Petition for Order Declaring No Administration Necessary" for estates where all heirs agree on the distribution and there are no debts (or creditors consent). There is no specific dollar cap for this procedure, but it is strictly limited to amicable situations. Additionally, a "Year's Support" petition can award estate assets to a surviving spouse or minor children ahead of most creditors.
Attorneys in Georgia are not required by law for all probate matters, but the court strongly recommends legal counsel, especially for Solemn Form probate. Executors may be entitled to a statutory commission (typically 2.5% of receipts and 2.5% of disbursements) unless the will specifies otherwise.
This guide provides an informational overview of the Floyd County probate process. It is not legal advice and is not a substitute for consulting a qualified attorney. Laws and local procedures may change — verify current requirements with the court.
Courthouse Information
Floyd County Probate Court
Probate matters in Floyd County are handled at the Floyd County Government Plaza.
Address: 3 Government Plaza, Rome, GA 30161
Phone: (706) 291-5136 (Probate Division)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The Probate Court is located in the Government Plaza building in downtown Rome. The court handles wills, estates, guardianships, and conservatorships. Judge Steven R. Burkhalter presides over the court.
Parking and Access
Public parking is available near the Government Plaza. Visitors must pass through security screening upon entering the building.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Order Declaring No Administration Necessary: Available if all heirs agree on distribution and the estate has no debts (or creditors consent). No specific dollar limit applies.
- Banking Affidavit: For estates with no will and no administration, a surviving spouse or heir can claim bank deposits of $15,000 or less using a statutory affidavit (O.C.G.A. § 7-1-239).
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file the appropriate Georgia Probate Court Standard Form (GPCSF) with the Floyd County Probate Court. Common petitions include:
- Petition to Probate Will in Solemn Form (GPCSF 5): The most common and final method; requires notice to heirs.
- Petition to Probate Will in Common Form (GPCSF 4): Faster but not binding for 4 years; does not require notice.
- Petition for Letters of Administration (GPCSF 3): For estates without a will.
Include:
- The completed petition (notarized)
- Original will and codicils (if applicable)
- Certified death certificate
- Filing fee (approx. $193.00 base fee)
- Interrogatories to Witness to Will (if will is not self-proved)
Step 3: Provide Notice
After filing (specifically for Solemn Form), you must:
- Serve notice to all heirs and beneficiaries. This can be done via personal service (Sheriff) or certified mail with acknowledgment.
- Publish notice in the Rome News-Tribune if heirs cannot be located or to notify creditors after appointment.
Step 4: Attend the Hearing
The court may schedule a hearing if there are objections or if the will is not self-proved. For uncontested Solemn Form petitions with all consents filed, a hearing might not be required. If approved, the judge issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Publish a Notice to Debtors and Creditors in the Rome News-Tribune (required within 60 days of appointment)
- Inventory and appraise all estate assets within 6 months (unless waived by will or heirs)
- Pay valid creditor claims in the statutory order of priority
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a Petition for Discharge to close the estate
Local Requirements
Floyd County-Specific Procedures
- Standard Forms: Floyd County utilizes the standard Georgia Probate Court Standard Forms (GPCSF).
- Legal Organ: All legal notices (Notice to Debtors/Creditors, Citation) must be published in the Rome News-Tribune.
- E-Filing: Check with the court clerk regarding the current status of e-filing for probate matters; many Georgia counties are transitioning to systems like PeachCourt, but paper filing is standard for initial wills.
- Publication: Notice to Debtors and Creditors must be published for four consecutive weeks.
Always check with the Clerk of the Probate Court for the most up-to-date local rules regarding remote hearings or specific document formatting.
Timeline & Fees
Filing Fees (Floyd County)
- Petition to Probate Will (Solemn or Common): approximately $193.00 (base fee)
- Petition for Letters of Administration: approximately $193.00 (base fee)
- Petition for No Administration Necessary: approximately $193.00
- Recording Fees: $25.00 flat fee + $4.00 per page
- Publication costs: Varies by length, payable directly to Rome News-Tribune (typically $80-$120 range)
Note: Fees are subject to change and may include additional surcharges for technology or law library funds.
Payment Methods
The court typically accepts cash, money orders, and credit/debit cards (with a processing fee). Personal checks may not be accepted for new filings—verify with the clerk.
Estimated Timelines
- No Administration Necessary: 1-2 months (if all parties agree)
- Common Form Probate: Immediate appointment (upon filing correct paperwork), but open to challenge for 4 years
- Solemn Form Probate: 2-4 months (uncontested)
- Complex or contested estates: 9 months to 2+ years
Factors affecting timeline include locating heirs, creditor claim periods (3 months), and tax processing.
Local Resources
Floyd County Court Resources
- Court Website: floydcountyga.gov/probate-court
- Georgia Probate Forms: gaprobate.gov/standard-forms
- Georgia Probate Records: georgiaprobaterecords.com
Legal Aid and Attorney Referrals
- State Bar of Georgia: (404) 527-8700 — gabar.org
- Georgia Legal Services Program (Rome Office): (706) 291-5243 — Provides assistance to eligible low-income residents.
Publication
- Rome News-Tribune: (706) 290-5220 — northwestgeorgianews.com