Fulton County, Georgia Probate Court Records

The Fulton County Probate Court ensures that decedent estates and guardianships are administered in compliance with Georgia law (O.C.G.A. § 15-9). Per O.C.G.A. § 15-9-37, the Probate Court conducts the following duties:

• Probate last will and testaments of deceased persons
• Involuntary treatments for drug and alcohol abuse
• Audit administrators, executors, and conservators return
• Issuance of marriage records and weapons carry licenses
• The appointment and removal of estate administrators, executors, guardians, and conservators of minors and incapacitated adults.
• Handle court proceedings involving the commitment of individuals diagnosed with mental illness or alcohol and substance abuse conditions.
• Other duties, such as certificates of residence and recording of elected officials' oaths and bonds

Most public probate court records are available online, by mail, and in person at the courthouse. Interested parties can access probate court files, which include the following documents:

• Wills
• Accounts of sales
• Current accounts
• Dockets of applications and cases
• Appraisements, inventories, and schedules
• Letters of administration, conservatorship, guardianship, and testamentary.
• Bonds given by administrators, conservators, executors, guardians, and other fiduciaries appointed by the court

Understanding the Parties Involved in Probate Cases

Individuals may find information about different parties in probate court records. This may be confusing if they do not understand the respective roles of these parties in a probate case. However, understanding the roles of these parties will help them interpret probate documents accurately by clarifying who has legal authority, why specific filings were made, and how responsibilities are distributed.

Examples of parties involved in probate cases are:

Decedent

This is the person who died and whose estate is the subject of the probate case. Individuals will find the decedent’s full name, date of death, and last known address in the probate case documents.

Personal Representative (PR)

This is the individual named in the decedent’s will and the executor of their estate. The court will appoint an administrator as the PR if the person died without a valid will or their will named no executor. The duties of the PR include collecting the deceased person’s assets, paying debts to creditors, filing certain tax returns, selling estate property, and distributing property to heirs or beneficiaries.

Heirs

According to GA Code § 53-2-1, heirs are persons legally entitled to inherit the estate of an individual who dies without a valid will. They typically include the deceased person's family members (spouse, parents, children, and siblings). The probate records will identify the heirs, their relationship to the decedent, and their contact details.

Beneficiaries

This is the designated recipient of a benefit under a will or trust. These beneficiaries may differ from heirs, especially when the deceased person has no will. The names of the beneficiaries will appear in probate proceedings, wills, and distribution documents.

Petitioner

This is the person who initiates the probate proceeding. This could be the deceased person’s close family member, the executor, or the administrator. The duties of the petitioner are to petition the court to validate the deceased person’s will, appoint an executor, request letters of administration, present necessary documentation and information to support their request, and ensure compliance with procedural requirements.

Attorneys

The names of the attorneys that represent the deceased person's estate, the personal representative, heirs, or beneficiaries will appear in the probate records.

Creditors

These are the individuals or entities to whom the deceased owed money at the time of death. Their names usually appear in the probate records through claims filed against the estate or court decisions approving or denying those claims.

Guardians or Conservators

The Fulton County Probate Court appoints guardians to make personal decisions for minors or incapacitated adults and conservators to manage financial affairs. These people are often appointed when the deceased person’s estate involves vulnerable individuals who require court-supervised protection.

Legal Purpose and Importance of Probate Court Records in Fulton County

Fulton County probate court records are documents that provide information regarding a deceased person’s estate, guardianships, and conservatorships. They offer an official account of how the deceased person’s property is managed and transferred to heirs and beneficiaries. Different individuals and agencies can use them for the following purposes:

• Researchers or members of the public may use probate records to establish family relationships and inheritance rights.
• Financial institutions may use probate court records to process insurance benefits and settle retirement accounts.
• Real estate agencies may use them to verify authority to transfer or sell property.
• Judges can consult them to resolve legal disputes involving will contests or claims to heirship.

Differences Between Wills, Estates, and Other Probate Filings

The Fulton County Probate Court has several probate documents (wills, guardianship records, estate inventories and accountings, conservatorship records, and petitions and motions filed during probate) available to the public upon request. Probate court documents serve distinct purposes and play an essential role in the probate process. These records differ in timing, purpose, and legal effect within the probate process.

Public Access to Probate Court Records in Fulton County

Probate court records are generally considered public under Ga. R. Super. Ct. 21 and the Georgia Open Records Act. Therefore, anyone may view or obtain copies of these documents from the Fulton County Probate Court. Requests can be made online, by mail, or in person at the courthouse. The court has the authority to restrict access to confidential probate court records, including adult and minor guardianship records and wills filed for safekeeping. Confidential probate records are only open to authorized individuals.

Methods for Searching Fulton County Probate Court Records

The most common method for searching Fulton County probate court records is to visit the Probate Court’s Records Division in person. Requesters may obtain copies of confidential and public records through this method. Another way to get probate court records in Fulton County is to submit a written request by mail. However, this method only applies to public documents. If a requester does not know the number of pages they want, they should submit the Request Form via email to Probate.Records@fultoncountyga.gov so the record staff can provide the correct total. The last method is online through a search portal.

How to Find Fulton County Probate Cases Online for Free

Fulton County Probate Court does not maintain an online portal for free access to probate records. However, record seekers can use the Georgia Administrative Office of Courts’ E-Access to Court Records to search for probate cases. They must register for an account and sign in to the platform using a username and password. The platform allows registered users to access basic probate information at no cost. However, anyone seeking a probate court document must pay a fee. Some documents cost $2.50 per page for the first page, with subsequent pages at $1.00 per page. Other probate court clerks may charge nothing or charge $0.50 per page. These fees can be paid by card.

Accessing Fulton County Probate Court Records in Person

The Fulton County Probate Court Records Division accepts requests for probate court records in person during business hours. Still, requesters must provide basic information to facilitate the identification of the appropriate record. The records staff will conduct a search and release copies of the probate court records upon payment of the required fees. All in-person requests must be made at the downtown location, whose address is below:

Requesting Fulton County Probate Court Records by Mail

Anyone requesting public Fulton County probate records by mail should complete the Estates Record Request Form. They must provide the decedent's full name, estate number, date of death, and the requester’s name, email, and phone number, and select the quantity of documents they want to obtain. The Fulton County Probate Court Clerk charges a $10 estate search fee. Copies of probate court records cost $1 each, while certified copies cost $11 each. Payments should be made by money order or an attorney's check. The requester must mail the application form, the money order, and a self-addressed stamped envelope to the address below:

Applicable Fees for Fulton County Probate Court Record Requests

The Fulton County Probate Court charges $1 for uncertified copies of probate records and $11 for certified copies ($10 for certification and $1 per page). Estate searches by mail cost $10 per search. Exemplified copies of probate court records cost $15 for the process and $1 per page. Individuals seeking probate court records in person may pay the required fees by debit or credit card (No American Express), money order, cash, or cashier's check. Mail requests must be accompanied by payment of fees by money order or check.