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Cobb County, GA Probate Information
Quick facts
| Item | Cobb County details |
|---|---|
| Court | Cobb County Probate Court |
| Courthouse address | 32 Waddell Street, Marietta, GA 30090 |
| Mailing address | Cobb County Probate Court, 32 Waddell Street, Marietta, GA 30090 |
| Probate phone | (770) 528-1900 |
| [email protected]. The court says email usually receives a quicker response than a phone call and a return call may take 24 to 48 hours. | |
| Fax | (770) 528-1996. The court does not say that estate petitions may be filed by fax. |
| Hours | Monday through Friday, 8:00 a.m. to 5:00 p.m., excluding holidays or court closures. The court asks in-person filers to arrive by 4:30 p.m. |
| Filing fee | Georgia's statewide base for a decedent's-estate petition is $175.00, effective January 1, 2025, under O.C.G.A. § 15-9-60(e)(1), plus the $15.00 indigent defense fee, effective January 1, 2025, under O.C.G.A. § 15-21A-6(b), local add-ons, service, and publication. Confirm the current total with the Cobb County Probate Court before filing. |
| Local forms | Georgia statewide GPCSF forms plus Cobb supporting forms, including a case contact sheet, disclosure statement, heirs determination worksheet, poverty affidavit and supplement, inventory form, and return of personal representative form. |
| Filing methods | The court recommends filing estate papers by mail and accepts in-person filings. Its site links to eFileGA, but its estate instructions describe mail and in-person filing, so ask the court before relying on electronic filing. The original will must reach the Probate Court on paper within ten days of any electronic filing and before letters issue under Uniform Probate Court Rule 5.3.12(B). |
| Case lookup | Cobb uses its own public case portal at probateonline.cobbcounty.gov/BenchmarkWeb/Home.aspx/Search, and the court says no login is needed to view court files or the docket. |
| Remote appearance | Fiduciary oaths may be taken in person or virtually over WebEx by emailing the court with the estate name and number. Ask the court about any hearing. |
| Website | https://www.cobbcounty.gov/probate-court |
Before you begin — know the assets and liabilities
Before you file in Cobb County, list the assets, debts, beneficiaries, heirs, and whether the original will exists. The Probate Court cannot tell you which action to choose, and the right estate settlement path depends on what is actually owned, who must be notified, and whether a personal representative needs authority to sell or collect property.
Sunset's 2,300-institution asset discovery helps families find accounts before they choose a filing route. In Cobb, that can mean fewer amendments, a more accurate inventory, and a cleaner probate packet for mail filing, counter filing, or attorney review.
Which court handles jurisdiction
The Cobb County Probate Court in Marietta serves all Cobb County estate matters, including estates from Marietta, Smyrna, Kennesaw, Acworth, Austell, Powder Springs, Mableton, and unincorporated Cobb County. Georgia has a probate court in every county, so a Cobb County estate is filed with the Cobb County Probate Court, not with another county or another court office.
Venue depends on the decedent's connection to Cobb County. Georgia probate administration is granted in the county where the decedent lived at death, or for a nonresident, in a Georgia county where the decedent owned property (O.C.G.A. § 15-9-31).
Cobb is an Article 6 probate court. In an Article 6 probate court, a party to a civil case may demand a jury trial under O.C.G.A. § 15-9-121, and an appeal goes to the Court of Appeals of Georgia or the Supreme Court of Georgia under O.C.G.A. § 15-9-123.
The jurisdiction process
- File the original will with reasonable promptness if one exists. Cobb says a will can be filed for information only at no charge when no estate is being opened, with the court's information sheet and proof of death (O.C.G.A. § 53-5-5).
- Choose the Georgia filing path. A will may be probated in common form or solemn form under O.C.G.A. § 53-5-15, and an estate with no will usually starts with a petition for letters of administration under O.C.G.A. § 53-6-20. Use the statewide GPCSF form and any Cobb supporting forms that apply.
- Prepare the packet before filing. Cobb says the filing must be complete, signatures must be properly notarized where required, no one will be available to complete forms, and the court has no notary.
- File by mail or in person. Mail the packet to Cobb County Probate Court, 32 Waddell Street, Marietta, GA 30090, or file at the counter. No appointment is needed, but the court asks in-person filers to arrive by 4:30 p.m. The court also publishes a lobby drop box and says documents left there are stamped received or filed that day.
- Pay the filing cost. The statutory base is $175.00, effective January 1, 2025, under O.C.G.A. § 15-9-60(e)(1), plus the $15.00 indigent defense fee, effective January 1, 2025, under O.C.G.A. § 15-21A-6(b), local add-ons, service, and publication. Cobb accepts cash, money order, check, or card. As published by Cobb in August 2026, card payments carry a $2.00 service fee or 3.5 percent, whichever is higher, with a $5.00 cap on estate filings.
- If you cannot pay, submit Cobb's poverty affidavit and required supplement. Cobb says a judge reviews the request and the filing does not count as filed until the request is granted or the proper fees are paid.
- Handle citation, service, and publication. The court issues the citation, and the petitioner handles the required service, acknowledgment, or publication. Service and publication are charged in addition to the filing fee unless the court states otherwise for the specific filing.
- Take the oath before a probate judge or clerk. A Georgia fiduciary oath cannot be administered by a notary (O.C.G.A. § 53-6-24). Cobb administers oaths in person or virtually over WebEx after you email the court with the estate name and number. An out-of-state petitioner can also use GPCSF 53, Commission to Administer Oath.
- Post bond unless it is waived. An administrator generally must post bond unless the required consents or the will support a waiver (O.C.G.A. § 53-6-50). Cobb's own guidance also describes waiver of bond, inventories, returns, and vouchers when all heirs consent and the matter is published.
- Receive letters testamentary or letters of administration after the file is complete. Cobb says that after a final order and approved bond, letters generally issue in about one week and may be mailed or picked up by arrangement with the assigned clerk.
- Publish the creditor notice within 60 days after qualification, once a week for four weeks, in the county's official newspaper. Creditors who do not notify the personal representative within three months after the last publication lose equal participation rights as described in O.C.G.A. § 53-7-41.
- File the inventory within six months unless it is waived, and mail it as Georgia law requires (O.C.G.A. § 53-7-30, § 53-7-32). Cobb publishes its own estate inventory form and instructions and asks for date-of-death values.
- Administer and close the estate. Collect assets, pay proper claims, keep estate settlement accounting, file required returns or fiduciary compliance reports, and petition for discharge when the estate is ready to close.
Executor duties
- Take the fiduciary oath before a probate judge or clerk, not a notary. Cobb lets the oath be taken in person or virtually over WebEx after you email the court with the estate name and number.
- Post any required bond before letters issue unless the will or the required consents support a waiver under Georgia law.
- Use Cobb's estate inventory form and instructions when an inventory is required, and use date-of-death values.
- Use Cobb's return of personal representative form when a return is required. The court's guidance says only liquid assets need to be included on the return.
- Order certified copies of letters from the Probate Court for banks, brokerages, and title companies.
- Use the court's online case summary to identify the clerk assigned to the estate, then coordinate pickup or mailing of letters with that clerk when needed.
Forms and documents
Probate forms in Cobb County
Georgia uses statewide probate standard forms, the GPCSF series, for estate petitions in every probate court. Cobb links those forms and adds its own supporting forms for local filing practice.
| Form source | What Cobb County filers use |
|---|---|
| Statewide GPCSF forms | Use the Georgia standard petition form for the chosen path, such as letters of administration, probate in common form or solemn form under O.C.G.A. § 53-5-15, year's support under O.C.G.A. § 53-3, or an order that no administration is necessary under O.C.G.A. § 53-2-40. |
| Cobb additional forms | Cobb publishes a case contact sheet, disclosure statement, heirs determination worksheet, affidavit of diligent search, affidavits of disinterested persons, amendment, poverty affidavit and supplement, estate inventory, return of personal representative, renunciation from executorship, open safe-deposit-box form, will for safekeeping information sheet, will for information only, and beneficiary notice forms. |
| Inventory and return instructions | Cobb publishes separate instructions for its estate inventory and return of personal representative forms. |
| Before filing | The court expects filings to be complete, with signatures properly notarized where the form requires notarization. The court says it has no notary and no one will be available to help complete forms at the counter. |
Fees
Cobb's posted fee page should not be used as the filing-total answer for a new estate petition because the petition totals on that page were last revised before Georgia's current probate fee statute took effect. Use the statutory framework and confirm the current total with the Probate Court before you file.
| Fee point | Cobb County guidance |
|---|---|
| Base estate petition fee | $175.00, effective January 1, 2025, under O.C.G.A. § 15-9-60(e)(1), before required add-ons, service, and publication. |
| Indigent defense fee | $15.00, effective January 1, 2025, under O.C.G.A. § 15-21A-6(b), on each listed decedent's-estate petition. |
| Deposit against costs | Cobb says a pleading may be filed with a $30.00 deposit, effective January 1, 2025, under O.C.G.A. § 15-9-60(d), but the court will not process it until the full filing fee is paid. |
| Payment methods | The court accepts cash, money orders, credit cards, and personal checks payable to Cobb County Probate Court. |
| Card processing charge | As published by Cobb in August 2026, card payments carry a $2.00 service fee or 3.5 percent, whichever is higher, with a $5.00 cap on estate filings. |
| Service and publication | Service and publication are charged in addition to filing fees unless the court states otherwise for a particular filing. Confirm the amount with the court before filing. |
| Unable to pay | Cobb publishes a poverty affidavit and a required supplement. The court says a judge reviews the request and the filing does not count as filed until the request is granted or the fee is paid. |
Local nuance
Cobb County-specific considerations
| Cobb County practice | Why it matters |
|---|---|
| Article 6 probate court | Cobb is on Georgia's Article 6 roster. Civil probate matters can involve jury trial rights under O.C.G.A. § 15-9-121, and appeals go to the state appellate courts under O.C.G.A. § 15-9-123. |
| Mail-first filing guidance | The court recommends submitting estate filings by mail and accepts in-person filings if mail is not workable. |
| Arrive by 4:30 p.m. | No appointment is needed to file, but the court closes at 5:00 p.m. and asks filers to arrive by 4:30 p.m. |
| No court notary | Cobb expects filings to be complete and says it has no notary. Notarized signatures must be handled before filing where the form requires notarization. |
| Virtual oaths | Cobb administers fiduciary oaths in person or virtually over WebEx. That is different from notarizing a petition signature, because a Georgia fiduciary oath must be administered by a probate judge or clerk. |
| Public case portal | The court's portal needs no login and shows estate case summaries, docket information, and the clerk assigned to the case. |
| Free probate help sessions | Cobb publishes a monthly in-person probate clinic and a monthly virtual probate information session, both by registration. |
| Cobb supporting forms | Cobb adds practical filing forms to the statewide GPCSF set, including contact, disclosure, inventory, return, indigence, and beneficiary notice forms. |
Recent updates
| Update | What families should know |
|---|---|
| Lobby renovation notice | The Probate Court states that it remains open during a six-month lobby renovation and asks visitors to expect minor construction disruption. |
| Case portal and filing index | The court states that no login is needed to view its case portal or docket, and it publishes a complete index of filings from 1825 through 2025 with a separate 2026 index covering January through March. |
| Probate help sessions | The court publishes a free monthly probate clinic and a free monthly virtual probate information session, both sponsored by Cobb Legal Aid and the Cobb Justice Foundation and both requiring registration. |
Scenarios
| Scenario | Likely Cobb County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | A home held with survivorship rights may pass outside probate, but accounts in the decedent's sole name may still require a Cobb filing. File by mail or at the Cobb counter with completed forms and required notarized signatures. A surviving spouse should also consider year's support, which can set aside property for the spouse or minor children and must be filed within 24 months of death (O.C.G.A. § 53-3-1, § 53-3-5). | Sunset finds accounts across its 2,300-institution search, organizes the estate settlement information, and helps assemble the Cobb probate packet. |
| Out-of-state adult child with a small estate | If the parent lived in Cobb County, file in Cobb even if you live elsewhere. The court recommends filing by mail, and the original will must go to the court on paper. The fiduciary oath is often the practical problem because it cannot be notarised. Cobb offers virtual WebEx oaths, and GPCSF 53 can let a court where you live administer the oath. | Sunset locates accounts remotely, prepares the information for the statewide and Cobb forms, and helps reduce avoidable travel to Marietta. |
| Parent settling a predeceased child's estate, home must be sold | A sale usually requires letters and certified copies for the title company. If all heirs consent, the personal representative may seek powers and waivers under O.C.G.A. § 53-7-1(b) and GPCSF 32, or file a petition for leave to sell property on GPCSF 13. If there is no will, all heirs agree in a signed agreement, and debts are resolved, an order that no administration is necessary under O.C.G.A. § 53-2-40 may be the shorter path, with the order recorded in the deed records where the land is located. | Sunset builds the asset and debt picture, prepares the probate packet, and connects the family to a vetted local probate attorney when the sale needs legal support. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Cobb County Probate Court, Estates Division | Estate filing instructions, Cobb supporting forms, fee guidance, case portal, oath scheduling, and procedural questions. Staff cannot give legal advice or choose a form for you. | (770) 528-1900, [email protected], https://www.cobbcounty.gov/probate-court/wills-estates |
| Cobb Probate Clinic | Free in-person clinic on the second Thursday of each month, 9:30 a.m. to 11:30 a.m., with up to 30 minutes of brief advice from a volunteer attorney on decedent's estate and guardianship matters. Registration is required. | https://cobbprobateclinic.corsizio.com/ |
| Cobb Probate Information Session | Free virtual workshop on the fourth Friday of each month, 12:00 p.m. to 1:00 p.m., for Cobb residents or people with a Cobb probate matter. Volunteer attorneys explain the probate process, forms, and common filing mistakes. Registration is required by 5:00 p.m. the day before. | http://cobbprobateclinic.corsizio.com/ |
| Cobb Legal Aid, Atlanta Legal Aid Society | Free legal services for people who qualify. The Probate Court publishes Cobb Legal Aid as a resource and gives its Cobb office number. | (770) 528-2565, https://atlantalegalaid.org/get-help/ |
| Cobb County Bar Association Lawyer Referral Service | Referral service for a consultation with an attorney. The consultation fee is $40.00 as published in August 2026. | https://www.cobbcountybar.org/page/LawyerReferralServ |
| Cobb County Law Library | Public law library for attorneys and self-represented litigants, with print materials, in-library legal research access, and staff who help locate legal information but do not give legal advice. | 70 Haynes Street, Fourth Floor, Suite 4300, Marietta, GA 30090, (770) 528-1884, [email protected], https://www.cobbcounty.gov/courts/law-library |
| Council of Probate Court Judges of Georgia standard forms | Current statewide GPCSF forms used in Georgia probate courts. | https://gaprobate.gov/standard-forms/ |
| Supreme Court of Georgia standard forms index | Statewide probate standard forms and general instructions. | https://www.gasupreme.us/probate-court-standard-forms/ |
| Cobb County Probate Court case portal | Public case lookup and docket access with no login required. | https://probateonline.cobbcounty.gov/BenchmarkWeb/Home.aspx/Search |
When to hire an attorney
You can file in Cobb County Probate Court without an attorney, and the court says self-represented filings are accepted. Counsel makes sense when heirs disagree, a caveat is possible, a house must be sold, bond or powers are contested, a minor or incapacitated person is involved, or you need advice about whether to use year's support, letters, or an order that no administration is necessary. Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 financial institutions so families can see what exists before choosing a Cobb County filing path. A complete asset picture makes estate settlement less reactive and helps avoid missed accounts.
Generate the probate packet. Sunset organizes the information needed for Georgia's statewide forms and Cobb's supporting forms, including the contact sheet, disclosure statement, inventory details, and return information where they apply.
Find a local probate attorney. When an estate involves a home sale, a caveat, a bond issue, an heir dispute, or an Article 6 trial issue, Sunset can connect the family with a vetted Cobb County probate attorney.
Sunset is free for families. Families can use Sunset to understand the estate settlement workload, gather documents, and prepare for probate without paying Sunset a fee.
Frequently asked questions
Where do I file probate in Cobb County?
File with the Cobb County Probate Court at 32 Waddell Street, Marietta, GA 30090. The court recommends filing by mail and also accepts in-person filings.
Do I need an appointment to file an estate case in Cobb County?
No. The court says no appointment is needed to file documents, but it closes at 5:00 p.m. and asks filers to arrive by 4:30 p.m. so clerks have time to process the paperwork.
Can I e-file a probate case in Cobb County?
The court's estate instructions describe filing by mail, which it recommends, or in person. Its website also links Georgia's eFileGA portal, so ask the court before relying on electronic filing. The original will must go to the court on paper either way under Uniform Probate Court Rule 5.3.12(B).
What does it cost to open an estate in Cobb County?
Georgia sets the base fee at $175.00 for a decedent's-estate petition, effective January 1, 2025, under O.C.G.A. § 15-9-60(e)(1), plus the $15.00 indigent defense fee, effective January 1, 2025, under O.C.G.A. § 15-21A-6(b), local add-ons, service, and publication. Confirm the current total with the Cobb County Probate Court before filing.
Can I look up a Cobb County estate case online?
Yes. Cobb runs its own public case portal and says no login is needed to view court files or the docket. The case summary also shows which clerk is assigned to the case.
Does Cobb County have its own probate forms?
Yes. The petition itself uses Georgia's statewide standard form, and Cobb adds supporting forms, including a case contact sheet, disclosure statement, heirs determination worksheet, poverty affidavit and supplement, and its own inventory and return forms with instructions.
How do I take the oath if I live outside Georgia?
A Georgia fiduciary oath cannot be notarised. Cobb administers oaths in person or virtually over WebEx after you email the court with the estate name and number. GPCSF 53, Commission to Administer Oath, can also let a court where you live administer the oath.
How long does it take to get letters in Cobb County?
The court says that after a final order and an approved bond, letters generally issue in about one week. If an attorney represents you, letters are mailed to the attorney of record; otherwise you can coordinate pickup with the clerk assigned to the case.
Do I need a lawyer to file in Cobb County Probate Court?
No. The court says you do not have to have an attorney to file, but staff cannot give legal advice or tell you which form to use. Cobb's free monthly probate clinic and virtual information session are designed to help with that gap.
Does an appeal from Cobb County Probate Court go to a superior court?
No. Cobb is an Article 6 probate court, so a party may demand a jury trial in a civil case under O.C.G.A. § 15-9-121, and an appeal goes to the Court of Appeals of Georgia or the Supreme Court of Georgia under O.C.G.A. § 15-9-123.
Shaped by the families we've helped
Thank you to the thousands of families who have trusted Sunset to help settle their loved ones' estates. This page is shaped by the questions they actually asked and the obstacles they actually hit — and that hard-won experience is what keeps it accurate, current, and genuinely useful to the families who come next.