Overview
Union County is located in Georgia with a population of approximately 27,600. The Union 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 in Solemn Form (GPCSF 5) 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 unique simplified procedures, including the Order Declaring No Administration Necessary (if all heirs agree and no debts exist) and Year's Support, which allows a surviving spouse or minor children to petition for a portion of the estate ahead of creditors. For small bank accounts under $15,000, a banking affidavit may be used if no personal representative has been appointed.
Filing fees in Georgia are generally standardized but can vary slightly by county based on recording costs. The base fee for most petitions is approximately $200–$220.
This guide provides an informational overview of the Union 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
Union County Probate Court
Probate matters in Union County are handled at the Union County Courthouse.
Address: 65 Courthouse St., Suite 8, Blairsville, GA 30512
Phone: (706) 439-6006 (Probate Court)
Hours: Monday through Friday, 8:00 AM to 4:30 PM (Closed 12:30 PM – 1:00 PM for lunch; walk-ins accepted until 4:00 PM)
The Probate Court is located in Suite 8 of the courthouse. Judge Kristin Stephens Stanley presides over probate matters.
Parking and Access
Free parking is generally available in the lots surrounding the courthouse and on adjacent streets in downtown Blairsville.
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 and the estate has no debts (or creditors consent).
- Banking Affidavit: For estates with no will and no administration, heirs can access bank deposits of $15,000 or less.
- Year's Support: A surviving spouse or minor children can petition for assets to be set aside for their support, taking priority over most debts.
- 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 Union County Probate Court. Common forms include:
- Petition to Probate Will in Solemn Form (GPCSF 5)
- Petition for Letters of Administration (GPCSF 9)
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (approximately $200–$220)
- Interrogatories to Witness to Will (if the will is not self-proving)
Step 3: Provide Notice
After filing, you must:
- Mail notice (Service) to all heirs and beneficiaries. They may acknowledge service and consent to the petition to speed up the process.
- Publish notice in the North Georgia News (the legal organ) if heirs cannot be located or if required by the specific petition type.
Step 4: Attend the Hearing
Many uncontested probate matters in Georgia can be handled without a formal hearing if all heirs consent. If a hearing is required or objections are filed, the court will schedule a date. Upon approval, 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 North Georgia News
- Inventory and appraise estate assets (unless waived by the will or heirs)
- Pay valid creditor claims
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a Petition for Discharge to close the estate
Local Requirements
Union County-Specific Procedures
- Legal Organ: All legal notices (Notice to Debtors and Creditors, Citation) must be published in the North Georgia News.
- Standard Forms: Union County utilizes the standard Georgia Probate Court forms. Using outdated or non-standard forms may result in rejection.
- Judge: Matters are heard by Judge Kristin Stephens Stanley.
- Walk-in Policy: The court accepts walk-in customers until 4:00 PM daily.
Always check with the clerk for any specific local standing orders regarding e-filing or remote hearings.
Timeline & Fees
Filing Fees (Union County)
- Petition to Probate Will (Solemn Form): approximately $200–$220 (varies by page count)
- Petition for Letters of Administration: approximately $200–$220
- Petition for No Administration Necessary: approximately $200–$220
- Filing Will for Record Only: approximately $10–$20
- Certified copies of Letters: approximately $10 per certified copy
- Publication costs: Payable directly to North Georgia News (typically $80–$120 depending on the notice)
Payment Methods
The court typically accepts cash, money orders, and credit/debit cards (with a processing fee). Personal checks may not be accepted; verify with the clerk.
Estimated Timelines
- Uncontested Estates (with consents): 1–3 months
- Average Estates: 6–9 months
- Complex or Contested Estates: 12 months to 2+ years
The timeline is significantly affected by the 3-month creditor claim period which begins after the Notice to Debtors and Creditors is published.
Local Resources
Union County Court Resources
- Court Website: unioncountyga.gov/294/Probate-Court
- Georgia Probate Forms: gaprobate.gov/standard-forms
- Council of Probate Court Judges: gaprobate.gov
Legal Aid and Attorney Referrals
Publication
- North Georgia News: (706) 745-6343 — nganews.com