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Wills & Estates

Frequently Asked Questions

Do I need an appointment to file with the court?

No, you do not need an appointment to file documents with the court.  However, the court closes promptly at 5 p.m. each day.  We kindly ask that you arrive by 4:30 p.m. to ensure time for our clerks to process your paperwork.

How do I know which clerk is assigned to my case?

All of the Estate cases are available to view through our website.  You can search by name or case number in the quick search bar under the court’s logo and colorful tiles. Name searches will bring up a list of cases, case number searches will take you to the summary page for the case.  In the second section titled “Parties” there is a title “CLERK” with the name of the clerk assigned.  If the case is with our compliance department or not currently being processed, there may be no clerk, or the clerk may show as “unassigned.” All the clerk’s contact emails (and department emails) are available on our website, here.

Can the Probate Court help me prepare a power of attorney?

We cannot legally advise you on how to proceed in a legal matter, which includes preparing any legal documents.  Our role is to process any pleadings that are filed with the Court. 

Can I do a quit claim deed at the Probate Court?

The Probate Court does not handle real estate transactions.  You should seek the advice of an attorney familiar with real estate transactions for assistance with these matters.  You may also contact the Cobb County Superior Court, Real Estate Division for information about how to have certain real estate documents recorded.

Does the Probate Court handle changing names on deeds?

The Probate Court does not handle real estate transactions.  The Probate Court is responsible for appointing personal representatives over Decedent’s estates, which would potentially allow you to administer the estate, including the disbursement of assets according to Georgia Law.  You should seek the advice of an attorney familiar with real estate transactions for assistance with these matters.  You may also contact the Cobb County Superior Court, Real Estate Division for information about how to have certain real estate documents recorded.

How do I take my oath?

Oaths may be taken in person or virtually via WebEx.  To schedule an oath, email probatecourt@cobbcounty.org, referencing the estate name and number.  A member of our office staff will respond to schedule your oath within 24 hours.

What happens after I mail back my oath?

Taking your oath is one requirement of becoming a fiduciary.  When we receive an oath, we add it to the file, and when all the other requirements are completed, the court will issue an order and letters.

After you receive my oath, how long will it take to receive my letters?

As a convenience, instead of making you come back with your attorney after you receive an order, this Court will administer your oath at any time during the process.  Generally speaking, if you already have a final order (and approved bond), you can expect about 1 week for letters to issue.  If you are working with an attorney, the letters will be mailed directly to the attorney of record.  Additionally, if you do not have a final order, you may communicate with the clerk assigned to your case for any updates. 

I see that Letters of Administration were issued today, can I come and pick them up instead of having them mailed?

Yes, you may come and pick up your letters instead of having them mailed.  Please coordinate this with the clerk assigned to your case.

How do I transfer assets?

The Court is only responsible for appointing a fiduciary.  It is up to the appointed fiduciary to determine the proper method to transfer within the authority granted.  This may require legal advice about what your appointment authorizes you to do.  Court personnel cannot answer those questions.

What needs to be included on my annual return for a decedent’s estate?

Only liquid assets need to be included. A liquid asset is an asset that can be quickly and easily converted into cash without losing significant value. 

What is the timeframe needed on the Inventory Sheet?

The date of death value.  The accounting will pick up with this information and carry forward with all transactions from the date of death.