Overview
Gwinnett County is the second-most-populous county in Georgia, located northeast of Atlanta. The Gwinnett County Probate Court handles all estate matters including the probate of wills, appointment of administrators, Year's Support petitions, and guardianships for residents who were domiciled in the county at the time of death.
Georgia law provides several probate options. Gwinnett County residents may file for solemn form probate (with notice to heirs, immediately final), common form probate (without notice, but challengeable for four years), letters of administration (intestate estates), or a no-administration-necessary order when all debts are paid and all heirs agree. The Year's Support petition is available for surviving spouses and minor children.
Gwinnett County's Probate Court is located at the Justice and Administration Center in Lawrenceville. The county's diverse population means the court handles filings involving a variety of estate types and complexities.
This guide is for informational purposes only and does not constitute legal advice. Verify current requirements with the Gwinnett County Probate Court or a qualified attorney.
Courthouse Information
Gwinnett County Probate Court
The Gwinnett County Probate Court is located within the Justice and Administration Center in Lawrenceville, the county seat.
Address: 75 Langley Drive, Lawrenceville, GA 30046
Phone: (770) 822-8250
Email: probatecourt@gwinnettcounty.com
Hours: Monday through Friday, 8:00 AM to 4:30 PM (excluding holidays)
The Estate Division is located on the main floor of the Justice and Administration Center. The court recommends contacting them in advance for questions about fee calculations and filing requirements.
Parking and Access
Free parking is available at the Justice and Administration Center. The building is served by Gwinnett County Transit routes. Visitors should allow time for security screening.
Filing Process
Step 1: Choose the Right Petition
Determine which filing is appropriate for your situation:
- Solemn Form (GPCSF 5): Will probate with notice to all heirs — immediately final once admitted
- Common Form (GPCSF 4): Will probate without heir notice — simpler but not final for four years
- Letters of Administration (GPCSF 3): For estates without a will
- No Administration Necessary (GPCSF 9): All debts paid, heirs agree on distribution
- Year's Support (GPCSF 10): Surviving spouse and/or minor children claim estate property
Step 2: Prepare and File the Petition
Gather the required documents:
- Completed petition form (available at the court or at gaprobate.gov)
- Original will (if applicable)
- Certified death certificate
- Filing fee (check current amount with the court)
- List of all heirs at law with current addresses
File in person at the Probate Court during business hours. Contact the court about mail filing options.
Step 3: Service and Publication
For solemn form filings, all heirs must be served with notice. The personal representative must also publish a Notice to Debtors and Creditors in the Gwinnett Daily Post (the county legal organ) once per week for four consecutive weeks, within 60 days of qualification.
Step 4: Hearing and Letters
The court schedules a hearing where the judge reviews the petition. If approved, the court issues Letters Testamentary (testate) or Letters of Administration (intestate).
Step 5: Administer and Close the Estate
File an inventory of assets, pay creditor claims, file annual returns, distribute assets to beneficiaries, and petition for discharge when complete.
Local Requirements
Gwinnett County-Specific Procedures
- Filing fees are governed by O.C.G.A. Section 15-9-60 and the Gwinnett County Probate Court fee book. Contact the court or check the website for current amounts before filing.
- Publication must appear in the Gwinnett Daily Post, the legal organ for Gwinnett County.
- Will safekeeping: Wills filed for safekeeping with the court require a $15.00 storage fee.
- Certified mail service for solemn form notice is approximately $8.50 per person.
- Payment methods: Contact the court for accepted payment methods.
Bond Requirements
Georgia law may require the personal representative to post a surety bond. Bond is typically waived when:
- The will waives bond, and
- All heirs consent to the waiver
For intestate estates, bond is generally required unless the court determines it is unnecessary.
Year's Support in Gwinnett County
The surviving spouse and/or minor children may petition for Year's Support within two years of the date of death. The petition is filed with the Gwinnett County Probate Court and typically includes publication costs. Year's Support has priority over all other estate claims.
Timeline & Fees
Filing Fees (Gwinnett County)
Filing fees are governed by Georgia statute and the Gwinnett County fee book. Representative costs include:
- Petition to Probate Will (Solemn or Common Form): approximately $150-$250
- Petition for Letters of Administration: approximately $150-$250
- Publication (4 weeks in legal organ): approximately $80-$150
- Certified mail service: $8.50 per person
- Will safekeeping: $15.00
- Certified copies: approximately $2.50-$5.00 per page
Contact the court at (770) 822-8250 or probatecourt@gwinnettcounty.com for the current fee schedule.
Payment Methods
Check with the court for accepted payment methods and any credit card processing fees.
Estimated Timelines
- Simple estates: 6-12 months
- Average estates: 12-18 months
- Complex or contested estates: 18 months to several years
Gwinnett County's large population generates significant filing volume. The minimum timeline includes the four-week publication period plus a three-month creditor claims window.
Local Resources
Gwinnett County Probate Court Resources
- Court Website: gwinnettcourts.com/probate
- Decedent's Estate Information: gwinnettcourts.com/probate/decedents-estate
- Fee Schedule: gwinnettcourts.com/probate/fees
- Georgia Standard Forms: gaprobate.gov/standard-forms
Legal Aid and Attorney Referrals
- Georgia Legal Services Program: (404) 206-5175 — serves low-income individuals
- State Bar of Georgia Lawyer Referral Service: (404) 527-8700
- Gwinnett County Bar Association: Offers referral services
Publication
- Gwinnett Daily Post: P.O. Box 603, Lawrenceville, GA 30046 — Gwinnett County's legal organ for probate publication