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.
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.