Search Cobb County Probate Records

How to Search Cobb County Probate Records

The Cobb County Probate Court landing page links the public to Case Status and Records Search. From the official Probate Court page, users can view, download, and print probate documents and check case status. The court covers estates, wills, guardianships, conservatorships, marriage and weapons carry licenses, fireworks permits, and mental health commitments. A case lookup works best when the searcher knows the decedent's full legal name and approximate year of death.

The county's wider judicial records hub at Search Judicial Records routes users to each court by record type. Probate is one of four search options listed, alongside Superior Court, State Court, and Magistrate Court. The Probate Court landing page documents the office's portal, but the underlying search form fields are not exposed on the static landing page, so first-time users may want to call ahead.

An overview of the Probate Court landing page, captured from cobbcounty.gov/probate-court, shows the main service tiles and contact block.

The same landing page lists hours, judges, and the Estates, Guardianship, and License divisions. Use it as the jump point before any in-person trip to Marietta.

1. Open the Probate Court landing page and click Case Status or Records Search.
2. Enter the decedent's or ward's full name. Add a date range if known.
3. Review the case list, then click into the matter for filings and orders.
4. Download or print copies. Certified copies must be ordered from the Estates Division.
5. For records not online, visit 32 Waddell Street or call (770) 528-1900.

Note: Probate Court documents are mostly public, but mental health commitment files and minor guardianship records are restricted by Georgia law and court order.

What the Cobb Probate Court Handles

The Cobb County Probate Court has exclusive jurisdiction over a defined set of matters. It hears probate of wills, appoints and removes executors and administrators, oversees sale and disposition of estate property, and handles guardianships of minors and incapacitated adults. The court also audits fiduciary returns. It rules on mental health, alcohol abuse, and drug abuse commitments. It issues marriage licenses, weapons carry permits, and fireworks permits. It administers elected official oaths and bonds and issues certificates of residence.

Probate is a lower court in Georgia. The Superior Court still handles divorce, real property, and felony cases. State Court handles misdemeanors and traffic. Magistrate Court handles small claims and warrants. Probate sits beside them, with a tight but deep set of duties. A short summary of Georgia's six trial-level court classes is on the county courts overview.

Chief Judge Kelli L. Wolk leads the court. Judges Tara C. Riddle and Kristin Poland round out the bench. Court Administrator Amanda Marshall and Chief Clerk Kristin Scott run day-to-day operations. The judges hear contested probate, year's support, and guardianship cases. Routine paperwork moves through the clerk's desk.

Cobb Probate Court Hours and Contact

The Probate Court is part of the Cobb County judicial complex in downtown Marietta. The building sits a short walk from Marietta Square. Estates and License divisions keep different cutoff times. Plan the trip with both in mind.

A six-month lobby renovation began Monday, March 16. The court stayed open. Visitors should expect minor construction noise and possible signage changes during the work. Direct division lines speed up most calls. The Estates Division uses the main number, (770) 528-1900. The Weapons Carry desk takes calls at (770) 528-1930. Marriage License is at (770) 528-1931.

The Sheriff's fingerprinting window closes at 3:40 p.m., which is why weapons carry applications stop at 3:30 p.m. License Division traffic peaks in the morning. Marriage applicants who book a same-day visit should aim for an arrival before 3 p.m.

Estate Cases and Wills

Estate cases form the bulk of the Probate Court's docket. When a person dies with a will, an interested party files a Petition to Probate Will in Solemn Form. The court reviews the will, hears any objection, and issues Letters Testamentary to the named executor. When a person dies without a will, the court grants Letters of Administration, with or without powers, to a qualified relative or creditor. Temporary Letters of Administration cover short-term needs.

Year's Support is a Georgia-only remedy that lets a surviving spouse or minor children claim from the estate before creditors. It runs as its own petition, with publication and a hearing. The court can also enter a safe deposit box to retrieve a will or other documents, and it discharges the personal representative once the estate is wound up.

Wills can be deposited with the Probate Court for safekeeping during the testator's lifetime. The Information Sheet for that service is on the forms page. The Will for Information Only form gives the court a copy of an existing will without formal deposit.

Guardianship and Conservatorship

The Probate Court appoints guardians and conservators for minors and for adults who cannot manage their own person or property. A guardian handles personal decisions. A conservator handles money and property. The two roles can sit with one person or split. Petitions for adult guardianship require a physician or psychologist evaluation. The court holds a hearing before appointment.

Minor conservatorship is common after a parent's death or after a child receives a settlement. The court reviews the child's estate, sets a bond, and audits the conservator's annual returns. Temporary minor guardianship is faster and may not require a bond, but the temporary order is limited.

• Guardianship of Minor: care of the child.
• Conservatorship of Minor: care of the child's money.
• Guardianship of Adult: personal decisions for an incapacitated adult.
• Conservatorship of Adult: property and finances for an incapacitated adult.
• Supplemental Guardianship Petition: adds detail to a pending case.

Marriage Licenses and Weapons Carry

Marriage licenses are issued by the Probate Court License Division. Applicants complete the online application, print the result, and bring it in. Office hours run Monday through Friday, 8 a.m. to 4:30 p.m. After the ceremony, the officiant returns the signed license for recording. The standard license fee is $56. With proof of premarital counseling, the fee drops to $16. Certified copies are $10. Full marriage detail and the related divorce path are on the marriage and divorce records page.

Weapons carry licenses go through the same License Division but route through the Sheriff for fingerprinting. The 3:30 p.m. cutoff for new applications is fixed. The 3:40 p.m. fingerprint window cutoff drives the rule. Renewal procedures vary, so call ahead.

Forms for both license types are linked from the Probate Court forms page. A look at the official forms page shows the Marriage License and Weapons Carry application links near the top.

Each form link opens a fillable PDF. Bring photo identification, the printed application, and any proof of premarital counseling if claiming the reduced license fee.

Mental Health Commitments

The Probate Court has jurisdiction over commitments of persons with mental illness, alcohol abuse, or drug abuse issues. These cases are sensitive. State law and court rules restrict public access to the underlying filings. The court reviews petitions, holds hearings, and enters orders within tight statutory windows.

Family members and treatment providers are the most common petitioners. The court can order evaluation, short-term inpatient care, or longer commitment depending on the showing. Records of commitment are not part of the general probate index that the public can browse online. A person seeking access to a sealed commitment file generally needs a court order or party-status.

Probate Fees

The Probate Court cites O.C.G.A. § 15-9-60 for its fee schedule. Pleadings may be filed with a minimum $30 deposit, but the court will not process the case until the full filing fee is paid. The full schedule is on the official Probate Court fees page. Payment options include cash, money order, credit card, or personal check made out to Cobb County Probate Court. Credit card service fee is $2.00 or 3.5%, whichever is higher, capped at $5.00 on estate filings.

A view of the fees page from cobbcounty.gov/courts/probate-court/fees shows the same line items the court uses at the counter.

The selected fees below cover the most common Cobb estate, guardianship, and copy charges.

Petitioners who cannot pay may submit an indigency or poverty affidavit. The court reviews each affidavit before waiving any fee.

Probate Forms and Filing

Cobb County uses the Georgia Standard Probate Forms plus a set of local supplements. The full list lives on the forms page. The Case Contact Sheet is required with every new filing. Instructions for the Estate Inventory and the Return of Personal Representative are paired with the forms themselves. Will for Safekeeping has its own information sheet. Guardianship petitions and the Supplemental Guardianship Petition cover both minor and adult cases.

The filing path is the same across most case types. Identify the right petition. Fill out the state standard form and any Cobb supplement. File at 32 Waddell Street and pay the fee. Complete service or publication where the court rules require it. Some petitions include publication in the fee; others need separate certified mail service. Attend the hearing or wait for the order. File the inventory, returns, and final accounting when due.

1. Pick the right petition: probate will, letters of administration, year's support, guardianship, conservatorship, safe deposit, or other.
2. Fill out the state standard form and the local contact and supplement forms.
3. File at the Probate Court and pay the fee, or submit an indigency affidavit.
4. Handle service, publication, and certified mail as the court directs.
5. Attend the hearing or wait for the order based on case type.
6. File the inventory, returns, and final accounting or discharge.

Note: The Clerk and the judges cannot give legal advice. A person who is unsure of the right petition should call the Estates Division or speak with an attorney before filing.

Probate Terms Defined

Probate paperwork uses words that show up nowhere else. A short glossary keeps the filings readable. These terms appear across most Cobb estate and guardianship cases.

Testator

The person who made the will. Female form is testatrix in older filings.

Executor / Administrator

Executor is named in the will. Administrator is appointed by the court when there is no will or no named executor able to serve.

Intestate

Dying without a valid will. Georgia's intestacy rules then set who inherits.

Guardianship

Court appointment over the person of a minor or incapacitated adult. Covers care, housing, and medical choices.

Conservatorship

Court appointment over the property of a minor or incapacitated adult. Covers money, accounts, and real estate.

Letters Testamentary

The court order proving the executor's authority. Banks, brokerages, and registrars need it before releasing assets.

Certified Copies

Certified probate copies cost $10 for the first page and $1 for each added page. The Estates Division issues them at the counter. Phone or mail orders work too. The fee schedule on the official fees page sets the rate. Banks, life insurers, and the Social Security Administration all ask for certified Letters Testamentary or Letters of Administration before releasing funds to the personal representative.

Plain printouts from the Records Search portal are not the same as certified copies. The portal is fine for review and planning. A formal claim, a deed transfer, or a probate-related court filing in another state needs the certified version with the Probate Court seal.

Related Cobb County Records

For marriage, divorce, and the Superior Court family law track, see marriage and divorce records. Real property and deed records, plus felony and civil filings, live with the Clerk of Superior Court. A broader look at every Cobb court system is on the Superior Court page. For the Open Records Act framework and how it interacts with court files, see public records. Common probate questions are answered on the FAQ page.

The county-wide records hub at Search Judicial Records links Superior, State, Magistrate, and Probate searches in one place. For the statewide judicial structure that puts Probate Court alongside Georgia's other trial courts, the Court of Appeals decisions are searchable through the Court of Appeals of Georgia.