Overview
Henry County is a growing suburban county located southeast of Atlanta with McDonough as its county seat. The Henry County Probate Court handles all estate matters for residents domiciled in the county at the time of death, including probate of wills, administration of intestate estates, guardianships, and Year's Support petitions.
Georgia law provides multiple probate options. Henry County residents may file for solemn form probate (noticed to all heirs, immediately final), common form probate (without notice, challengeable for four years), letters of administration (intestate estates), no-administration-necessary orders, or Year's Support petitions for surviving spouses and minor children.
Henry County has experienced significant population growth in recent years as part of the south metro Atlanta expansion. The Probate Court is located on Sims Street in McDonough.
This guide is for informational purposes only and does not constitute legal advice. Verify current requirements with the Henry County Probate Court or a qualified attorney.
Courthouse Information
Henry County Probate Court
The Henry County Probate Court is located in downtown McDonough.
Address: 99 Sims Street, McDonough, GA 30253
Phone: (770) 288-7600
Fax: (770) 288-7616
Hours: Monday through Friday, 8:00 AM to 4:30 PM
Website: henrycountyprobatecourt.com
The court handles estates, guardianships, conservatorships, marriage licenses, firearms licenses, and vital records.
Parking and Access
Free parking is available near the courthouse in downtown McDonough. The courthouse is accessible from I-75 via the McDonough exits. Plan for security screening at the entrance.
Filing Process
Step 1: Choose the Correct Petition
Select the appropriate 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 estates
- No Administration Necessary (GPCSF 9): All debts paid, heirs agree
- Year's Support (GPCSF 10): Surviving spouse and/or minor children
Step 2: Prepare and File
Gather required documents:
- Completed petition form
- Original will (if applicable)
- Certified death certificate
- Filing fee
- List of all heirs at law with addresses
File in person at the Henry County Probate Court during business hours.
Step 3: Service and Publication
For solemn form, serve all heirs with notice. Publish the Notice to Debtors and Creditors in the Henry Herald (the county legal organ) for four consecutive weeks within 60 days of qualification.
Step 4: Hearing and Letters
Attend the scheduled hearing. The court issues Letters Testamentary or Letters of Administration.
Step 5: Administer and Close
Inventory assets, pay debts, file annual returns, distribute to beneficiaries, and petition for discharge.
Local Requirements
Henry County-Specific Procedures
- Publication must appear in the Henry Herald, the legal organ for Henry County.
- Filing fees are governed by Georgia statute. Contact the court at (770) 288-7600 for current amounts.
- Certified mail service costs approximately $8.50 per person for solemn form notice.
- Annual returns are required for each year of administration.
- Inventory of estate assets must be filed with the court.
Bond Requirements
Bond may be waived when the will waives it and all heirs consent. For intestate estates, bond is generally required unless the court grants a waiver.
Year's Support in Henry County
The surviving spouse and/or minor children may petition for Year's Support within two years of the date of death. Year's Support takes priority over all creditor claims and can effectively transfer the entire estate without full administration.
Timeline & Fees
Filing Fees (Henry County)
Filing fees are set by Georgia statute. Representative costs:
- Petition to Probate Will (Solemn or Common Form): approximately $150-$250
- Petition for Letters of Administration: approximately $150-$250
- Petition for Year's Support: approximately $200-$325
- Petition for No Administration Necessary: approximately $75-$150
- Publication (4 weeks in Henry Herald): approximately $80-$150
- Certified mail: $8.50 per person
Contact the court at (770) 288-7600 for the current fee schedule.
Estimated Timelines
- Simple estates: 6-12 months
- Average estates: 12-18 months
- Complex or contested estates: 18 months to several years
The minimum timeline is set by the four-week publication period plus three-month creditor claims window.
Local Resources
Henry County Probate Court Resources
- Court Website: henrycountyprobatecourt.com
- 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
- Henry County Bar Association: Offers referral services
Publication
- Henry Herald: McDonough, GA — Henry County's legal organ for all probate notices. Published twice weekly.