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Fayette County, GA Probate Information
Quick facts
| Item | Fayette County detail |
|---|---|
| Court | Fayette County Probate Court |
| Courthouse address | Fayette County Justice Center, 1 Center Drive, Fayetteville, GA 30214 |
| Mailing | The court publishes no separate estate mailing address. Use the Justice Center address unless the court instructs otherwise. |
| Phone | 770-716-4220 |
| Fax | 770-716-4854 |
| Hours | Monday through Friday, 8:00 a.m. to 4:00 p.m., excluding holidays. Call before making a trip because this office handles estates, marriage licenses, weapons carry licenses, passports and vital records at the same counter. |
| Filing fee | The court publishes $205.00 for letters of administration without powers, probate of a will in solemn form, or solemn form with letters of administration with will annexed, and $190.00 for temporary letters of administration, under the current statutory fee framework effective January 1, 2025 (O.C.G.A. § 15-9-60). The $15.00 indigent defense fee applies to the named decedent's-estate petitions (O.C.G.A. § 15-21A-6). Confirm the current total before filing. |
| Local forms | Statewide GPCSF petition forms, plus Fayette County inventory, annual return and affidavit, inventory and return instructions, heirs determination worksheet and probate proceeding information booklet. |
| E-filing | The court publishes no estate e-filing instructions. TrueFiling lists the Fayette County Probate Court among Georgia probate courts on its system, so ask the court whether it will accept your specific estate petition electronically. Self-represented paper filings must be accommodated under Uniform Probate Court Rule 5.3.12(B), and the original will and any codicil must be delivered on paper. |
| Case search | Fayette County participates in the shared Georgia probate records portal at georgiaprobaterecords.com, a portal used by participating Georgia probate courts. The Fayette County Probate Court links it as its docket. If a case does not appear, call the court. |
| Remote appearance | No estate remote appearance policy is published. Ask the court whether a hearing or oath can be handled without appearing in person. |
| Website | https://www.fayettecountyga.gov/courts/probate_court/ |
Before you begin — know the assets and liabilities
Before filing in Fayette County, collect the will, death certificate, heir information, debts, account details, vehicle information and real estate details. The court's own inventory instructions ask a personal representative to list the names of financial institutions, account details, exact balances, vehicle descriptions and each parcel of real property, so estate settlement is easier when the asset list is built before the petition is filed.
Sunset's 2,300-institution asset discovery helps families look for accounts and policies before they choose a Georgia probate path. That matters in Fayette County because jointly owned assets and beneficiary-designated assets are not reported as estate assets, while probate assets may drive the petition, bond, inventory and annual return.
Which court handles jurisdiction
The Fayette County Probate Court at 1 Center Drive in Fayetteville serves the whole county. That includes Fayetteville, Peachtree City, Brooks, Tyrone, Woolsey and the unincorporated parts of Fayette County. Georgia has one probate court in each county, and Fayette County estate filings go to this Probate Court, not to a city court, a county administrative office or the Clerk of Superior Court.
File in Fayette County when the decedent was a Fayette County resident at death. For a nonresident of Georgia, administration may be granted in a Georgia county where the decedent owned property or had a bona fide cause of action (O.C.G.A. § 15-9-31). If the filing is a petition for an order that no administration is necessary, venue follows the decedent's Georgia domicile or, for a nonresident, the county where the Georgia real property is located (O.C.G.A. § 53-2-40).
Fayette County is an Article 6 probate court. A party to a civil case may demand a jury trial in writing (O.C.G.A. § 15-9-121), and an appeal in an Article 6 probate civil case goes directly to the Court of Appeals of Georgia or the Supreme Court of Georgia (O.C.G.A. § 15-9-123).
The jurisdiction process
- File the original will, if there is one, with the Fayette County Probate Court at the Justice Center with reasonable promptness (O.C.G.A. § 53-5-5). The original will and any codicil are always paper documents.
- Choose the Georgia petition that fits the estate. With a will, probate may be in common form or solemn form (O.C.G.A. § 53-5); common form is not conclusive until four years from the order admitting the will (O.C.G.A. § 53-5-19). With no will, the usual petition is for letters of administration (O.C.G.A. § 53-6-20). The court's published guidance says staff cannot choose the proceeding for you.
- Use the statewide GPCSF petition forms and add Fayette County documents when they apply. The court links the statewide forms and also publishes its own inventory, annual return and affidavit, inventory and return instructions, heirs determination worksheet and probate proceeding information booklet.
- File at the counter or by mail. The counter is open Monday through Friday, 8:00 a.m. to 4:00 p.m., excluding holidays. The court publishes no estate e-filing instructions, and TrueFiling's listing should be checked with the court before you rely on electronic filing.
- Pay the filing fee when the petition is filed (O.C.G.A. § 15-9-60(d); Uniform Probate Court Rule 5.3.14). Under the current statutory framework effective January 1, 2025, the base decedent's-estate petition fee is $175.00 (O.C.G.A. § 15-9-60), and the $15.00 indigent defense fee applies to named decedent's-estate petitions (O.C.G.A. § 15-21A-6). Fayette County publishes $205.00 for letters of administration without powers, probate of a will in solemn form, or solemn form with letters with will annexed, and $190.00 for temporary letters. Confirm the current total before filing.
- Handle citation and notice. The court issues the citation, and the petitioner arranges service, acknowledgment or publication. Solemn form probate requires notice to heirs under O.C.G.A. § 53-5-22, and if all heirs acknowledge service and assent, letters may issue without further delay when no competing will proceeding is pending (O.C.G.A. § 53-5-21).
- Take the oath before the Fayette County Probate Judge or a probate clerk. A notary cannot administer the oath (O.C.G.A. § 53-6-24; GPCSF 1, instruction 11). If you are outside Georgia, ask about using GPCSF 53 to take the oath before a court of record where you live.
- Post bond unless it is waived or not required. An administrator of an intestate estate gives bond unless all heirs consent to waive it (O.C.G.A. § 53-6-50). A surety bond must be filed on paper.
- Receive letters testamentary or letters of administration. Ask how many certified copies you need for banks, title companies and other institutions.
- Publish notice to creditors in the Fayette County News within 60 days of qualification, once a week for four weeks. Creditors have three months from the last publication to notify the personal representative of claims (O.C.G.A. § 53-7-41).
- File the inventory and returns if required. Unless waived, the inventory is due within six months of qualification and is copied to heirs or beneficiaries (O.C.G.A. § 53-7-30, O.C.G.A. § 53-7-32). Fayette County uses its own inventory form and annual return and affidavit for this reporting.
- Administer and close the estate. Pay valid claims, distribute property, file required returns, and petition for discharge on GPCSF 33. Fayette County publishes $235.00 for discharge under the current fee framework effective January 1, 2025 (O.C.G.A. § 15-9-60), and says that amount includes publication.
Executor duties
Fayette County adds unusually practical reporting guidance for a personal representative. The court publishes its own inventory form and annual return and affidavit form because there is no statewide standard form for a decedent's-estate inventory or return. Check your order and letters to see whether inventory or returns are required, then use the court's forms rather than looking for a GPCSF number that does not exist.
The inventory is filed with the Fayette County Probate Court and copied to the heirs or beneficiaries within six months of qualification unless waived (O.C.G.A. § 53-7-30, O.C.G.A. § 53-7-32). The court's instructions say to list estate assets only, give detailed account, vehicle and real estate information, sign before a notary public or probate court clerk, file the fee, and be ready for a bond increase if the personal property shown exceeds the bond already posted.
Annual returns are filed each year until formal discharge, and the court's instructions set the return due date at 60 days after the anniversary of appointment. That reporting date is separate from the creditor notice that must be published within 60 days of qualification under O.C.G.A. § 53-7-41. The court warns that late returns can cost commissions and bring other sanctions, and that the court may remind you but is not required to do so.
Forms and documents
Probate forms in Fayette County
Georgia uses statewide probate petition forms, the GPCSF series, adopted for use across the state's probate courts. A document prepared on a standard form is acceptable in any Georgia probate court, and a court may decline to process a substitute that does not conform to the standard form (Uniform Probate Court Rule 5.9). The Fayette County Probate Court's own forms link sends filers to the Council of Probate Court Judges of Georgia for the current GPCSF PDFs.
Fayette County also publishes estate documents of its own. Download the court's Inventory for decedents' estates, Annual Return and Affidavit, Instructions for Completing Inventory and Returns in Decedent's Estates, Heirs Determination Worksheet and Probate Proceeding Information booklet from the Probate Court page. The court's instructions state: "There are no statewide standard forms for the inventory or return in a decedent's estate."
| Document | Where it comes from | Use |
|---|---|---|
| GPCSF 1 | Statewide GPCSF forms | General instructions, including the oath rule and out-of-state oath option. |
| GPCSF 3, 4, 5, 7, 8, 9 and 10 | Statewide GPCSF forms | Core petitions for letters, probate of a will, no administration is necessary under O.C.G.A. § 53-2-40, and year's support under O.C.G.A. § 53-3. |
| GPCSF 13, 32, 33 and 53 | Statewide GPCSF forms | Leave to sell property, waiver of bond or grant of powers, discharge and commission to administer an oath outside Georgia. |
| Inventory for decedents' estates | Fayette County Probate Court | Use for the required inventory when not waived; the inventory is due within six months of qualification under O.C.G.A. § 53-7-30. |
| Annual Return and Affidavit | Fayette County Probate Court | Use for annual and final returns until the personal representative is discharged. |
| Heirs Determination Worksheet | Fayette County Probate Court | Use to organize the heir information that many Georgia estate petitions require. |
Fees
Georgia probate filing fees are set by statute, with a $175.00 base for a decedent's-estate petition under O.C.G.A. § 15-9-60, effective January 1, 2025. Fayette County publishes its own current totals for common estate filings. The court's page says the list is not exhaustive and that fees are exclusive of service and publication unless the page says otherwise. Confirm the current total with the Fayette County Probate Court at 770-716-4220 before filing.
| Filing | Fayette County published amount | Notes |
|---|---|---|
| Petition for letters of administration without powers | $205.00 under the current fee framework effective January 1, 2025 (O.C.G.A. § 15-9-60) | The $15.00 indigent defense fee applies to named decedent's-estate petitions (O.C.G.A. § 15-21A-6). |
| Petition for letters of administration with powers | $385.00 under the current fee framework effective January 1, 2025 (O.C.G.A. § 15-9-60) | The court says this amount includes the cost of publication. |
| Petition to probate will in solemn form | $205.00 under the current fee framework effective January 1, 2025 (O.C.G.A. § 15-9-60) | Solemn form probate is a Georgia will procedure under O.C.G.A. § 53-5. |
| Petition to probate will in solemn form and for letters of administration with will annexed | $205.00 under the current fee framework effective January 1, 2025 (O.C.G.A. § 15-9-60) | Use when there is a will but no qualifying executor. |
| Petition for year's support | $385.00 under the current fee framework effective January 1, 2025 (O.C.G.A. § 15-9-60) | The court says this amount includes the cost of publication. Year's support is governed by O.C.G.A. § 53-3. |
| Petition for temporary letters of administration | $190.00 under the current fee framework effective January 1, 2025 (O.C.G.A. § 15-9-60) | Temporary letters are used for limited urgent authority. |
| Petition for discharge of personal representative | $235.00 under the current fee framework effective January 1, 2025 (O.C.G.A. § 15-9-60) | The court says this amount includes publication. |
| Petition to enter safe deposit box | $90.00 under the current fee framework effective January 1, 2025 (O.C.G.A. § 15-9-60) | Ask the court what documents it needs before filing. |
Local nuance
Fayette County-specific considerations
| Fayette County point | What it means |
|---|---|
| Article 6 court | Fayette County is an Article 6 probate court, so contested civil probate matters can involve a written jury demand under O.C.G.A. § 15-9-121 and a direct appeal under O.C.G.A. § 15-9-123. |
| Early counter close | The Probate Court is open Monday through Friday, 8:00 a.m. to 4:00 p.m., excluding holidays. Plan a Fayetteville trip around the 4:00 p.m. close. |
| Published reporting forms | The court publishes its own inventory form, annual return and affidavit, and instructions for decedent's-estate reporting. Those documents are separate from the statewide GPCSF petition forms. |
| Publication newspaper | The Fayette County News is the county legal organ. Creditor notice is published within 60 days of qualification, once a week for four weeks, and creditors have three months from the last publication to notify the personal representative (O.C.G.A. § 53-7-41). |
| Case lookup | Fayette County participates in georgiaprobaterecords.com, a records portal used by participating Georgia probate courts, and the court links it as its docket. |
| E-filing uncertainty | The court publishes no estate e-filing instructions. TrueFiling lists the court, so call before assuming the court will accept a petition electronically. The original will and any bond remain paper under Uniform Probate Court Rule 5.3.12(B). |
Recent updates
| Update | What it means |
|---|---|
| Fayette County decedent's-estate reporting documents carry 2025 dates | The court's instructions for completing inventories and returns carry a 9/8/2025 date, its Annual Return and Affidavit carries a 12/2/2025 date, and its Inventory for decedents' estates carries a 12/17/25 date. Use the current versions from the Fayette County Probate Court page because there is no statewide standard form for a decedent's-estate inventory or return. |
Page last reviewed: August 2026.
Scenarios
| Situation | Fayette County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Property with survivorship or a beneficiary designation may pass outside the estate, and Fayette County's inventory instructions say those assets are not reported as estate assets. If the home or accounts were in the decedent's sole name, file at the Fayette County Probate Court. Year's support can set aside property for a surviving spouse or minor children, is preferred before other debts, and must be filed within 24 months of death (O.C.G.A. § 53-3, O.C.G.A. § 53-3-5). Fayette County publishes $385.00 for year's support under the current fee framework effective January 1, 2025 (O.C.G.A. § 15-9-60), and says it includes publication. | Sunset separates probate and nonprobate assets, organizes the spouse's account and title information, and helps decide whether estate settlement should start with year's support or ordinary administration. |
| Out-of-state adult child with a small estate | Estate papers can often be mailed to 1 Center Drive, but the original will is paper and the oath cannot be notarized. Use GPCSF 53 if the oath needs to be taken before a court of record outside Georgia (O.C.G.A. § 53-6-24). The court publishes no estate e-filing instructions, so call before relying on TrueFiling. If the only asset is a small deposit at a financial institution, ask the institution about the direct payment route under O.C.G.A. § 7-1-239 before opening a court case. | Sunset helps the child find accounts, build the heir and asset list, prepare the packet for Fayette County, and plan around the 4:00 p.m. counter close or an out-of-state oath. |
| Parent settling predeceased child's estate, home must be sold | A sale usually requires letters and authority. The personal representative can seek expanded powers under O.C.G.A. § 53-7-1(b), often through GPCSF 32, or file a petition for leave to sell on GPCSF 13. Fayette County publishes $385.00 for letters of administration with powers under the current fee framework effective January 1, 2025 (O.C.G.A. § 15-9-60), and says it includes publication. If there is no will, all heirs agree and debts are resolved, an order that no administration is necessary may be available under O.C.G.A. § 53-2-40; an order affecting Fayette County land is recorded with the Clerk of Superior Court. | Sunset helps identify heirs, find debts and assets, organize the home sale facts, generate the filing packet, and connect the family with a Fayette County probate attorney if powers, consents or a contested sale are involved. |
Self-help resources
| Resource | How it helps |
|---|---|
| Fayette County Probate Court | The filing office for every Fayette County estate. Use the court page for address, hours, phone, fax, fee page, forms links and the court's docket link. |
| Fayette County Probate Court fee schedule | The court's Common Probate Court Fees page lists current published estate filing amounts, including $205.00 for several initial estate petitions under the current statutory framework effective January 1, 2025 (O.C.G.A. § 15-9-60), and explains when publication is included. |
| Fayette County inventory and return instructions | The court's own instructions explain what counts as an estate asset, how to complete the inventory, when returns are due, how to handle bond issues and why copies must be sent to heirs or beneficiaries. |
| Georgia Probate Court Standard Forms | The Council of Probate Court Judges of Georgia hosts the current GPCSF PDFs used statewide, including petitions for letters, probate of a will, year's support, no administration is necessary, discharge and out-of-state oath procedures. |
| Supreme Court of Georgia standard forms index | The Supreme Court index identifies the Georgia probate standard forms and points users to the statewide form set. |
| Georgia probate records portal used by participating probate courts | Fayette County participates in georgiaprobaterecords.com, and the Fayette County Probate Court links it as its docket. Start there for an estate search, then call the court if the case does not appear. |
| Council of Probate Court Judges of Georgia | The statewide probate courts' site includes the Uniform Probate Court Rules, the standard forms page, the Article 6 roster and a directory of probate courts. |
| Georgia Legal Services Program | Fayette County is outside the Atlanta Legal Aid service counties. Georgia Legal Services Program offers statewide intake at 1-833-457-7529 or through its online application for people who qualify. Ask whether it can help with the estate issue before relying on it. |
| GeorgiaLegalAid.org | Plain-language Georgia legal information, including materials about wills, estates and what to do after a death. |
When to hire an attorney
How Sunset helps
Find the accounts and assets. Sunset helps families start estate settlement with a clearer asset picture. Fayette County's own inventory instructions ask for bank names, account details, balances, vehicles and real estate information, and Sunset helps gather that information before the packet is filed.
Generate the probate packet. Sunset organizes the facts, heirs, assets and debts into the Georgia probate path that fits the family, then helps generate the petition materials and filing checklist for the Fayette County Probate Court.
Find a local probate attorney. When the estate involves a home sale, an Article 6 dispute, missing consents, expanded powers or a difficult inventory and return, Sunset can connect the family with a vetted Georgia probate attorney who handles Fayette County matters.
Sunset is free for families. Sunset is free for families because partners pay Sunset when families choose optional services. Families can use Sunset to understand the estate settlement work, prepare next steps and decide when legal help is worth it.
Frequently asked questions
Where do I file for probate in Fayette County?
File with the Fayette County Probate Court at the Fayette County Justice Center, 1 Center Drive, Fayetteville, GA 30214. Georgia venue for administration is the county where the decedent lived at death, or for a nonresident of Georgia, a county where the decedent owned property or had a bona fide cause of action (O.C.G.A. § 15-9-31).
What does it cost to open an estate in Fayette County?
The Fayette County Probate Court publishes $205.00 for letters of administration without powers, probate of a will in solemn form, or solemn form with letters of administration with will annexed, and $190.00 for temporary letters of administration, under the current statutory framework effective January 1, 2025 (O.C.G.A. § 15-9-60). The $15.00 indigent defense fee applies to named decedent's-estate petitions (O.C.G.A. § 15-21A-6). Confirm the current total before filing.
Does the Fayette County filing fee include publication?
For some filings, yes. Under the current fee framework effective January 1, 2025 (O.C.G.A. § 15-9-60), the court publishes $385.00 for letters of administration with powers and $385.00 for year's support, and says each amount includes the cost of publication. It also publishes $235.00 for discharge and says that amount includes publication. Other amounts are exclusive of service and publication unless the court tells you otherwise.
Can I file probate documents online in Fayette County?
The court publishes no electronic filing instructions for estates. TrueFiling lists the Fayette County Probate Court among Georgia probate courts, so ask the court at 770-716-4220 whether it will accept your specific petition electronically. E-filing is not mandatory for a self-represented Georgia probate filer, and the original will and any codicil must reach the court on paper within ten days of any electronic filing and before letters issue under Uniform Probate Court Rule 5.3.12(B).
Does Fayette County have its own probate forms?
Yes. Estate petitions use the statewide GPCSF standard forms under Uniform Probate Court Rule 5.9, but Fayette County also publishes its own inventory form, annual return and affidavit, instructions for inventories and returns, heirs determination worksheet and probate proceeding information booklet.
When is the inventory due in a Fayette County estate?
Unless waived, the inventory is filed with the Fayette County Probate Court and copied to heirs or beneficiaries within six months after qualification (O.C.G.A. § 53-7-30, O.C.G.A. § 53-7-32). Fayette County publishes its own inventory form for decedents' estates.
How do I look up a Fayette County estate case?
Start with georgiaprobaterecords.com, a records portal used by participating Georgia probate courts. Fayette County participates, and the Fayette County Probate Court links the portal as its docket. If the case does not appear, call the court at 770-716-4220.
What are the Fayette County Probate Court's hours?
The court is open Monday through Friday, 8:00 a.m. to 4:00 p.m., excluding holidays. The counter closes at 4:00 p.m., so call before making a trip to Fayetteville.
Do I have to travel to Fayetteville if I live out of state?
Not always. Papers can often be mailed, but the oath cannot be taken before a notary. The oath must be administered by a probate judge or clerk, and an out-of-state petitioner can use GPCSF 53 to take the oath before a court of record where they live (O.C.G.A. § 53-6-24).
Where does the notice to creditors get published in Fayette County?
Publication is in the Fayette County News, the county's legal organ. A personal representative publishes within 60 days of qualifying, once a week for four weeks, and creditors have three months from the last publication to notify the personal representative of claims (O.C.G.A. § 53-7-41).
Can a Fayette County probate case go to a jury?
Fayette County is an Article 6 probate court. A party to a civil case may demand a jury trial in writing (O.C.G.A. § 15-9-121), and an appeal from an Article 6 probate civil case goes to the Court of Appeals of Georgia or the Supreme Court of Georgia (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.