Henry County Board of Commissioners | Henry County, Georgia

Henry County Probate Court

Estates

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
Oaths
Firework Permits
Veterans License

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.

Inventory:

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.

Forms:

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.