Author: Stan Faulkner, Founder, Faulkner Law, LLC
Mr. Faulkner is an experienced counselor and litigator with 15 years of experience, having held bar licenses in four states (Mo, Il, Ct and Ga). Stan Faulkner uses this experience and focuses his skills in the pursuit of assisting individuals in probate (trust and estate) matters, guardianships and conservatorships, estate planning, business disputes and contract disputes. Published on April 15, 2019, last updated on June 11, 2019.
Cobb County Probate Court is one of many county courts in Georgia that handle matters of the estate when someone passes away. The probate court also oversees many other items related to the family, such as marriage. Stan Faulkner, an experienced and trustworthy probate court attorney in Cobb County, can answer any questions you have about the probate process.
Cobb County Probate Court
Located at 32 Waddell Street in Marietta, GA 30090 the Cobb County Probate Court manages all petitions that involve the probate of wills and property. Even though the intricacies of estate law are complicated, petitioning the court is comparatively straightforward.
Probate court offices are open from 8:30 a.m. to 5:00 p.m., Monday through Friday. Many petitions require a filing fee of no more than $20, which can be paid in person. Petitions and forms filed after 4:00 p.m. will be dated and processed on the next business day.
The court is generally closed on State and Federal holidays, as well as during periods of severe weather and other emergencies. Call the courthouse at (770) 528-1900 to confirm it is open before going.
Estate law can be challenging and confusing. Retain a qualified estate lawyer, such as those at Faulkner Law for all probate matters.
Cobb County Probate Court Forms
Although there are many Cobb County Probate court forms for an assortment of different purposes, a few of the most commonly used petitions include the following:
- Determination of Right of Disposition of Remains of a Decedent
- Establish Custodial Account for Minor or Incapacitated Adult
- Leave to Sell Perishable Property by Personal Representative
- Letters of Administration
- Letters of Conservatorship of Minor
- Order Declaring No Administration Necessary
- Permanent Letters of Guardianship of Minor
- Personal Representative for Leave to Sell Property
- Presumption of Death of Missing Individual Believed to be Dead
- Probate Will in Common Form
- Probate Will in Solemn Form
- Year’s Support
These are just a few of the many kinds of Georgia probate forms, most of which are available online. You can either fill them out before you print them or you can print them out and finish them by hand. Visit the Council of Probate Court Judges of Georgia for more information.
Cobb County Probate Court Help
Services Offered by the Cobb Probate Court
The Cobb Probate Court handles many aspects and areas of civil law, such as administration of estates, marriage license applications (available online), involuntary mental health commitments, and validation of wills. Other cases include guardianship and conservators for minors or incapacitated adults and the Georgia firearms permit applications (also available online).
Contact the clerk in charge of the court with queries about particular actions.
For more some probate court issues such as getting a marriage license, it is unlikely you will need the support of an attorney, However, for complicated estate resolutions such as if a family business is involved, you might need assistance with theCobb County Probate Court. Take advantage of a consultation with a knowledgeable attorney skilled in estate law and business law.
What does a Cobb County Probate Attorney Do?
Cobb County probate court attorneys help executors of an estate in carrying out the wishes of the deceased individual if there’s a will. A lawyer can function as a liaison between the beneficiaries and the executor when there are disputes. If you decide to hire a probate attorney, they can help you avoid probate court by properly managing estate-related responsibilities. These include, but are not limited to distributing assets, handling estate debts, paying property taxes, and selling a property.
When dealing with probate cases, it’s wise to utilize a lawyer who has experience with probate matters and is skilled in estate planning. They will help you determine the best plan for your situation, as well as explain why that method is better than other options.
Expert Counsel for Cobb County Probate Court
Probate Court Cobb County Preparation
The Probate Court Cobb County preparation process involves the following three steps.
- Collect all of the deceased’s resources. This includes bank account balances, cash, investments, possessions, property, and real estate.
- Settle any debts and taxes owed by the deceased and his or her estate.
- Distribute the remaining assets among the beneficiaries.
There are several different ways to complete these steps depending on whether or not there is a legal will, whether they were married, and how large the estate is. An expert lawyer can direct you through the process.
Cobb County Probate Court Assistance Now
Cobb County Probate Records Explained
Cobb County Probate records include guardianships, marriage licenses, property, weapons permits, and wills. Probate files are publicly available, so it is fairly easy to acquire a copy of a will that’s been filed. In fact, you can get specific information about the deceased’s estate online for free.
After locating the right county and verifying the probate court docket online, you can obtain a copy of a will or other records from the probate court. You can achieve this in one of two ways.
Arrive in the courthouse and request a copy of the will (or other files ) in person. Then, pay a copying fee, based on how many pages there are. Generally, one page costs only a few dollars.
The other option is to make a written request via mail if it’s not possible to do this in person. Submit the request with a self-addressed, stamped envelope to the court. The Cobb County Probate court will use that envelope to send the copies to you.
It’s best to draw up a will and plan your estate in advance. Unfortunately, that doesn’t always happen. In situations where there is no will, an estate attorney can help you submit the correct probate forms. Contact a skilled and compassionate legal advisor at any time throughout the probate process.
Cobb County Probate Court Lawyer
Understanding the Cobb County Ga Probate Court Functions
Overall, the Cobb County GA probate court decides how to legally reconcile the affairs of the deceased.
When a resident of Georgia passes away, there are several legal documents that should be filed in the probate court of the county where he or she lived. Non-residents who own land in the state must file in the county where the property is located. Each county has specific guidelines.
Because the process is so complicated, you should strongly consider consulting a Georgia estate law or probate court lawyer who can help you determine the best option for your circumstances.
Contact an Attorney to Navigate Cobb County Probate Court Marietta Ga
From weapons carry permits to marriage license applications, the management of estates, and the validation of wills, Cobb County probate court in Marietta, GA manages many different types of cases.
Although the courtroom clerk is typically available to answer general questions, an attorney like Stan Faulkner who specializes in estate planning and probate matters will be able to advise you regarding your particular situation.
Contact Cobb County Probate Court Attorney
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Faulkner Law is a boutique business and estate planning law practice that provides legal advice to some of the most innovative creatives and emerging entrepreneurs in the Atlanta, GA area. Faulkner Law serves all of Atlanta, Georgia, along with Cobb County, Cherokee County, Fulton County, Forsyth County, Dekalb County, Gwinnett County, and Douglas County.