Fulton County Probate Court Records Division
The Probate Court Records Division is the main office for estate, guardianship, conservatorship, and marriage-license records. The Records Division page covers request methods, fees, and contact info. The Probate Court operates from the downtown court campus, separate from the Clerk of Superior and Magistrate Courts.
What Fulton County Probate Court Covers
Probate jurisdiction in Georgia sits in O.C.G.A. § 15-9-30 et seq. The court handles a defined list of matters that touch on death, capacity, and family status. Fulton's Probate Court hears cases from all parts of the county. The list below covers the main categories.
- Wills and estates: petitions to probate a will, letters testamentary, and final accountings.
- Letters of administration: appointments when there is no will or no named executor available.
- Year's support: a Georgia-specific procedure for spouses and minor children.
- Guardianships: personal decision-making for adults or minors who cannot manage on their own.
- Conservatorships: financial decision-making for adults or minors who cannot manage on their own.
- Marriage licenses: applications, license issuance, and certified marriage records.
- Weapons carry licenses: application and renewal under Georgia law.
How to Search Fulton Probate Records
A direct public search portal for Probate Court is not the same as the Clerk of Superior Court Smart Search. Many Probate matters are requested by name, case number, or record type through the Records Division. The list below covers the common request path.
- Open the Probate Records Division page.
- Pick the record type: estate, year's support, guardianship, conservatorship, or marriage.
- Gather decedent or ward name, case number if known, record type, and filing year.
- Submit the request by the method the Records Division lists at the time of request.
- Provide requester contact info for response and pickup.
- Order a certified copy when proof is needed for outside agencies.
Probate Records Request Fields
The fields used on a probate records request map to the way Probate Court tracks cases. A clear request with all the fields filled in moves through the queue faster.
| Field Label | Type | Required | Notes |
|---|---|---|---|
| Decedent / Ward Name | Text | Yes | Full legal name; helps the Records Division locate the file. |
| Case Number | Text | No | Best when known; gives an exact match. |
| Record Type | Dropdown | No | Estate, guardianship, conservatorship, marriage, weapons carry, or other. |
| Date Range | Date | No | Approximate filing year helps for older files. |
| Requester Contact | Text / Email / Phone | Yes | Needed for response and pickup notice. |
| Certified Copy | Checkbox | No | Fee applies when ordered. |
Fulton Probate Court Fees
Probate filing fees in Fulton are posted on the Fulton Probate fee schedule page. The schedule reflects Georgia probate code amounts in effect under recent legislation. Initial filings cost more than subsequent filings, and some petitions add a publication fee for required public notice.
| Item | Amount |
|---|---|
| Petition for Letters of Administration (initial) | $209 plus publication fee if needed |
| Petition for Temporary Letters of Administration (initial) | $194 |
| Petition to Probate Will in Solemn Form | $209 |
| Petition to Probate Will in Common Form | $209 |
| Petition for No Administration Necessary | $209 plus $25 if real property |
| Petition for Year's Support | $209 plus $180 publication fee if real property |
| Petition for Temporary Letters of Minor Guardianship | $120 plus publication fee if needed |
| Creditor's Claim | $15 |
| Inventory with property | $40 |
| Annual return with property | $40 |
| Petition for Discharge of Personal Representative | $175 plus $30 publication fee |
| Petition for Final Settlement of Conservator | $175 plus $45 publication fee |
Common Fulton Probate Terms
Probate uses a small set of words that show up over and over. A short glossary helps first-time users read the petition and the court's notices.
- Testator
- A person who made a will. The testator's wishes drive the estate.
- Executor
- The person named in a will to settle the estate under court oversight.
- Administrator
- The person the court appoints when there is no will or no named executor available.
- Intestate
- Dying without a valid will. State law sets who inherits.
- Year's Support
- A Georgia procedure that sets aside property for a surviving spouse and minor children.
- Guardian
- A person the court names to make personal decisions for a ward.
- Conservator
- A person the court names to manage finances for a ward.
- Letters
- The official paper that gives an executor or administrator power to act for an estate.
Wills and Letters of Administration
An estate begins when a petition is filed with Probate Court. If a will exists, the court is asked to probate the will and grant letters testamentary to the named executor. If there is no will, the court is asked to grant letters of administration to a qualified person. Notice goes to heirs and interested parties. After the court approves, the executor or administrator can act for the estate.
The personal representative must inventory assets, give notice to creditors, pay valid debts and taxes, and distribute what is left. A final return or accounting wraps up the file. Real estate may need a deed transfer through the Clerk of Superior Court on the real-property side, even though the estate file sits with Probate.
Guardianship and Conservatorship
Guardianship and conservatorship are tools for adults who can no longer manage on their own and for minors who need a court-appointed decision-maker. A guardian handles personal matters such as housing and medical care. A conservator handles money and property. Both roles require oversight by Probate Court, including reports and accountings.
Guardianship and conservatorship cases include sensitive medical and financial information. Parts of the file may be restricted to protect the ward. The Probate Court guardianship and conservatorship page covers application and standards in plain English.
Restricted Probate Records
Estate dockets are usually public. Guardianship and conservatorship files often contain protected medical and financial information that the court redacts before release. Minor guardianship records can have added restrictions. Adoption records, when they appear in any related Probate filing, are confidential under Georgia law.
Sealed filings need a court order for access. A person who needs a sealed Probate file should speak with an attorney about a motion in the case. The Records Division cannot lift a sealing order on its own.
Probate Timeline and Common Delays
A simple uncontested estate may close in a matter of months. A contested estate, a missing will, a creditor dispute, a real estate sale, or a missing heir can extend the case by a year or more. Common delays include missing death certificate, contested will, capacity challenges, fiduciary disputes, multi-state property, and incomplete inventories.
Plan for time at each step. The court must give notice, allow creditors a window to file claims, and approve key actions. Working with a Georgia probate attorney can shorten the path on a complex estate.