Overview
Fulton County is Georgia's most populous county and home to Atlanta, the state capital. The Fulton County Probate Court handles all estate matters for residents who were domiciled in the county at the time of death. As the largest probate court in the state, Fulton County processes a high volume of estate filings each year.
Georgia probate law offers several pathways depending on the circumstances of the estate. Fulton County residents may file for solemn form probate (with notice to all heirs, immediately final), common form probate (no notice required, but subject to challenge for four years), letters of administration (for intestate estates), or petition for a no-administration-necessary order when all debts are paid and heirs agree on distribution. The Year's Support petition is also available for surviving spouses and minor children.
Fulton County Probate Court requires e-filing for new estate petitions. The court also accepts filings in person and by mail. Filing fees in Fulton County are set by statute and include a base petition fee plus publication costs for notice to debtors and creditors.
This guide provides an informational overview of the Fulton County probate process. It is not legal advice. Laws and local procedures may change, so verify current requirements with the court or a qualified attorney.
Courthouse Information
Fulton County Probate Court
The Fulton County Probate Court is located in the Fulton County Government Center in downtown Atlanta. The court handles estates, guardianships, conservatorships, marriage licenses, and firearms licenses.
Address: 136 Pryor Street SW, 2nd Floor, Atlanta, GA 30303
Phone: (404) 613-4070
Estate Inquiries: Probate.Estates@fultoncountyga.gov
Hours: Monday through Friday, 8:30 AM to 5:00 PM
Probate Judge: Kenya Johnson
The court recommends contacting the estate division directly for questions about filing requirements, fee calculations, and hearing schedules. Mailed petitions must include the correct filing fees or they will be returned.
Parking and Access
The courthouse is accessible via MARTA (Five Points Station is nearby). Paid parking is available in the surrounding area. Visitors should plan for security screening at the building entrance.
Filing Process
Step 1: Determine the Probate Pathway
Before filing, determine which petition is appropriate:
- Solemn Form (GPCSF 5): Use when you want the probate to be immediately final. All heirs at law must receive notice and have the opportunity to object.
- Common Form (GPCSF 4): Simpler filing without heir notice, but the probate can be challenged for four years.
- Letters of Administration (GPCSF 3): For intestate estates (no will).
- No Administration Necessary (GPCSF 9): When all debts are paid and all heirs agree on distribution.
- Year's Support (GPCSF 10): For surviving spouse and/or minor children to claim estate property.
Step 2: E-File or Submit the Petition
Fulton County Probate Court requires e-filing for new estate petitions. Self-represented filers and attorneys can access the e-filing portal through the court's website. Original documents must be submitted to the court within 10 days of e-filing.
Include with your petition:
- Original will (if applicable)
- Certified death certificate
- Filing fee payment
- List of all heirs at law with addresses
Step 3: Publication and Notice
For solemn form, the court will issue citations to be served on all heirs. Service by certified mail costs $8.50 per person. The personal representative must also publish a Notice to Debtors and Creditors in the county's official legal organ for four consecutive weeks within 60 days of qualification.
Step 4: Court Hearing and Letters
The Probate Court will schedule a hearing. Once the will is admitted (or administrator appointed), the court issues Letters Testamentary or Letters of Administration. Bond may be required unless waived by the will and consented to by all heirs.
Step 5: Administration and Closing
The personal representative must inventory assets, pay valid debts, file annual returns with the court, and ultimately petition for discharge after distributing remaining assets to beneficiaries.
Local Requirements
Fulton County-Specific Procedures
- E-filing required for new estate petitions. The court uses the eFileGA system. E-filing is currently limited to newly established estates; filings into existing estates may need to be submitted in person or by mail.
- Publication of Notice to Debtors and Creditors must be in the South Fulton Neighbor or Northside Neighbor, the designated legal organs for Fulton County (effective January 1, 2024).
- Certified mail service for solemn form notice costs $8.50 per individual or entity.
- Recording fee of $2.00 per page applies to documents filed with the court.
- Annual returns must be filed with the Probate Court for each year of administration.
- Inventory of estate assets must be filed with the court after Letters are issued.
Bond Requirements
Fulton County Probate Court may require a surety bond for the personal representative. Bond is typically waived when:
- The will expressly waives bond, and
- All heirs consent to waiving bond
For intestate estates, bond is generally required unless all heirs petition the court to waive it.
Year's Support
A Petition for Year's Support must be filed within two years of the date of death. In Fulton County, the publication cost is included in the filing fee for Year's Support petitions. Year's Support has priority over all creditor claims.
Timeline & Fees
Filing Fees (Fulton County)
- Petition to Probate Will in Solemn Form (GPCSF 5): approximately $164
- 4-week publication (Notice to Debtors and Creditors): approximately $80
- Certified mail service: $8.50 per person served
- Recording fee: $2.00 per page
- Certified copies: $2.50 per page
- Petition for Year's Support: approximately $200-$325 (includes publication)
- Petition for No Administration Necessary: approximately $75-$150
Fees are set by Georgia statute (O.C.G.A. Section 15-9-60) and may be updated. Contact the court for the current fee schedule.
Payment Methods
The court accepts cash, personal checks, money orders, and credit/debit cards. A processing fee may apply to card transactions.
Estimated Timelines
- Simple estates (no disputes, limited assets): 6-12 months
- Average estates: 12-18 months
- Complex or contested estates: 18 months to several years
The minimum timeline is driven by the creditor notice period: four weeks of publication followed by approximately three months for creditor claims. Fulton County's high filing volume may add processing time compared to smaller counties.
Local Resources
Fulton County Probate Court Resources
- Court Website: fultonprobatega.org
- E-Filing Portal: Available through the court website
- Personal Representative Handbook: The court publishes a handbook guiding executors and administrators through their duties
- Georgia Probate Court Standard Forms: Available at gaprobate.gov or at the court clerk's office
Legal Aid and Attorney Referrals
- Atlanta Legal Aid Society: (404) 524-5811 — provides free legal assistance to qualifying individuals
- State Bar of Georgia Lawyer Referral Service: (404) 527-8700
- Atlanta Bar Association: Offers referral services for probate attorneys
Publication
- South Fulton Neighbor / Northside Neighbor: (470) 990-4415 — Fulton County's legal organ for probate notices. Email: Legals@fultonneighbor.com