Henry County Probate Court
Beginning Monday, May 6, 2013, customers who visit the Probate Court will have the option of scheduling an appointment for the following services:
- MARRIAGE LICENSES
- WEAPONS CARRY PERMITS
- PATERNITY ACKNOWLEDGEMENTS
- HOME BIRTH REGISTRATIONS
- AMENDMENTS TO A BIRTH CERTIFICATE OR BIRTH RECORD
- DELAYED BIRTH RECORDS
- PETITION FOR TEMPORARY GUARDIANSHIP OF A MINOR CHILD
- PETITION TO TERMINATE TEMPORARY GUARDIANSHIP OF A MINOR CHILD
- PETITION FOR COMPROMISED CLAIM OR CONSERVATORSHIP OF A MINOR CHILD
- PETITION FOR GUARDIANSHIP OR CONSERVATORSHIP OF AN ADULT
- PETITION FOR PROBATE, ADMINISTRATION OR YEAR’S SUPPORT
- FILE ANNUAL REPORTS - INVENTORIES, ANNUAL RETURNS OR PERSONAL STATUS REPORTS – Unless you have questions, it is not necessary to see a clerk in order to file your annual report. These documents, along with the appropriate filing fee, may be submitted to the receptionist in person or submitted by mail. Please click on the Fee Schedule (to the left of the page) for applicable filing fees, if any. If you wish to speak with a clerk, please schedule an appointment.
Those who wish to make an appointment will need to visit our office between 8:00 a.m. – 4:30 p.m., Monday-Friday, to schedule their appointment time. Please note that due to the high volume of walk-in customers, those who wish to apply, or file for any of the above without an appointment may experience long wait times.
It is NOT necessary to make an appointment for any of the following:
Copy of Birth or Death Records
Filing of Death Certificates
Copy of Marriage Record
Certificate of Residency
Order to Apprehend for Evaluation (also known as two party affidavit)
Emergency Adult Guardianship
For ALL customers who will be filing a Petition or Annual Report – Please make sure that you print and fill out your petition or report before arriving for your scheduled appointment time. If your petition or report is incomplete, it may be necessary for you to schedule an additional appointment at a later date.
**With the help of the Henry County Technology Services Department and programming staff, we will be able to offer the ability to make appointments online in the near future.
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.
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
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
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
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
Does a will have to be probated?
No, only if there is enough property in the estate to require
Should the will be filed
with the court?
Yes, as required by law.