Henry County Probate Court

Estates

Estate & Guardianship Cases

Please note that we will be unable to personally meet with customers regarding Estate and Guardianship cases on Wednesdays after 12:00 noon. You are welcome to file your pleading(s) with the receptionist, however, you will be unable to speak with a Probate Clerk. Please feel free to call and leave a message, however, your call may not be returned for up to 48 hours (excluding weekends, holidays and furlough days). Also, please make sure to include your name, phone number and case number (if applicable) when leaving a message.

Inventory:

• Inventory instructions
• Inventory Form

Annual/Final Returns:

• Annual/Final return instructions
• Annual/Final return form
• Annual/Final return form

You MUST enclose an original of the most current bank statement.  If you cannot provide an original bank statement, you must submit an Affidavit of Financial Institution. 

Forms:

• Affidavit of Deceased’s Signature - When witness is unavailable
• Affidavit for Financial Institutions - $10,000 or less
• Determination of Heirs Worksheet
• Petition for Discharge of Personal Representative
• Petition for Letters of Administration
• Petition for Temporary Letters of Administration
• Petition for Year's Support
• Petition to Probate Will in Solemn Form
• Interrogatories to Witness to Will
• Renunciation Form

For additional Probate Court related forms, documents, and further assistance, please visit the Georgia .

Questions & Answers

Do I need a lawyer to probate a will?
It is always best to have legal assistance when dealing in court proceedings, however, the Probate Court does not require you to hire an attorney.

Can the staff assist me in preparing my petition?
The law prohibits the staff of the Probate Court from giving any legal advice or assistance. It is therefore a violation for the staff to assist anyone in preparing petitions.

How long does it take to probate a will?
The probate process can be completed in a matter of hours or months, depending on the agreement or lack of it by the heirs. When everyone is in agreement, it takes only a few hours.

Why does a will need to be probated?
The word "probate" means "to prove". A will is not operative under the law until it has been proven by the court to be a will. The court process allows anyone who has standing to object and be heard.

Why can't the heirs sell property without coming before the probate court when a loved one dies?
The law changed in 1998 requiring a representative to be appointed by the court (an executor/or administrator). The old law allowed the heirs to pass title by quit claim deed. The new law vests the ownership in the representative.

Is a power of attorney for an individual good after his/her death?
No. The power of attorney loses its authority when the executor dies.

Is there a statute of limitations on probating a will?
Yes. Under the new law, the statute of limitations is 5 years.

Does a will have to be probated?
No, only if there is enough property in the estate to require probating.

Should the will be filed with the court?
Yes, as required by law.