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Henry County, GA
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Henry County, GA
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Henry County, GA

Henry County, GA

Contact henry County Government
99 Sims Street
McDonough, GA 30253
Tel: (770) 288-7600
TTY: (770) 288-6818
Fax: (770) 288-7616

Mon-Fri: 8:00am-4:30pm
*Gun permit applications are accepted Mon-Fri: 8:00am-3:45pm
*Passport applications are accepted by appointment only

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Henry County Probate Court


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.

NEW POLICY – Upon filing a petition in the Henry County Probate Court to be appointed Personal Representative of an estate, petitioners will now be required to fill out and submit the form “Notice to Debtors and Creditors” to the Court. For your convenience the form is included in each petition on the Probate Court site. Court personnel will now be responsible for sending the notice to the newspaper. The fee for publication of the notice is $40 made payable to Gray Publishing in the form of a check or money order.


Annual/Final Returns:

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


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

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.

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.

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.

Last updated: Monday April 21 2014

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Henry County, Georgia - Board of Commissioners - County Government