Cobb County Probate Court: A Guide for Families and Executors

When a Cobb County resident passes away, or when a family member can no longer manage their own affairs, the Cobb County Probate Court is typically the first institution families encounter. Understanding what this court does, what it requires, and how to navigate its processes can make a difficult time considerably more manageable.

What the Cobb County Probate Court Handles

The Cobb County Probate Court sits in Marietta and has exclusive jurisdiction over a defined set of legal matters under Georgia law. Estate administration is the court's most visible function — this includes admitting wills to probate, appointing executors and administrators, overseeing the inventory and distribution of estate assets, auditing returns filed by personal representatives, and authorizing the sale or disposition of estate property.

Beyond estates, the court handles guardianships and conservatorships for minors and incapacitated adults, including emergency appointments when urgent protection is needed. It also hears petitions for involuntary mental health commitments and commitments related to drug or alcohol abuse when an individual poses a risk to themselves or others.

The court's jurisdiction extends to several civil matters and administrative functions: issuing marriage licenses, issuing weapons carry licenses, recording elected officials' oaths and bonds, issuing fireworks display permits, overseeing legal name changes, and issuing certificates of residence.

Location and Hours

The Cobb County Probate Court is located at 32 Waddell Street, Marietta, GA 30090. The court is open Monday through Friday, 8:00 a.m. to 5:00 p.m., excluding holidays and court closures. Documents submitted after 4:00 p.m. are typically processed the following business day. The court can be reached by phone at (770) 528-1900.

The court has three judges: Chief Judge Kelli L. Wolk and Judges Tara C. Riddle and Kristin Poland.

The Probate Process in Cobb County

Whether or not the decedent left a will determines how the probate process begins and what forms are required.

When a valid will exists, the named executor files a Petition to Probate Will in Solemn Form (or Common Form) along with the original will, certified death certificates, and any required personal information forms. The court reviews the submission to confirm the will's validity and, once satisfied, issues Letters Testamentary — the document that formally authorizes the executor to act on behalf of the estate.

When no will exists, the estate is administered according to Georgia's intestacy laws. An interested party — typically a close family member — files a Petition for Administration. The court appoints an administrator and issues Letters of Administration.

In both scenarios, the personal representative then carries out the administration process: identifying and inventorying estate assets, publishing notice to creditors, paying valid debts and final taxes, and distributing remaining assets to heirs or beneficiaries. A final accounting must be submitted to the court before the estate can be formally closed.

For smaller estates that meet specific criteria under Georgia law, simplified procedures may be available that reduce the time and paperwork required.

Common Forms and Petitions

While the court maintains a full range of standard probate forms — most available online or at the clerk's office — some of the most commonly used include petitions to determine the right of disposition of remains, petitions to establish custodial accounts for minors or incapacitated adults, petitions for leave to sell perishable property, and various guardianship and conservatorship filings.

Court staff can answer general procedural questions about forms and filing requirements, but Georgia law prohibits clerks from providing legal advice or recommending a course of action for individual circumstances.

Probate Records

Once a probate case is opened, most filings become part of the public record. Cobb County has digitized its probate records, making case status and court dockets searchable online through the court's web portal without requiring a login. Certified copies of probate records can also be obtained in person or by mail — certified copies cost $10 each plus $1 per additional page. Written requests by mail should include the estate name, case number, and the specific documents requested. Weapons carry license records are not available to the public.

Guardianship and Conservatorship

When a Cobb County resident — adult or minor — cannot manage their personal care or financial affairs independently, a petition for guardianship, conservatorship, or both can be filed with the probate court. The court reviews supporting medical or financial documentation, may conduct an investigation, and holds a hearing before making any appointment. The process is designed to protect the rights of the proposed ward, including their right to legal representation and the opportunity to object.

When Legal Help Is Needed

The probate court's clerk's office provides procedural guidance but not legal advice. Many estates — particularly those involving real estate, multiple heirs, unclear beneficiary designations, or potential disputes — involve enough complexity that working with a probate attorney prevents costly delays and errors. An attorney familiar with the Cobb County Probate Court's specific requirements and procedures can help executors file correctly, meet court deadlines, and navigate unexpected complications without derailing the estate's administration.