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Floyd County, GA Probate Information
Quick facts
| Item | Floyd County details |
|---|---|
| Court | Floyd County Probate Court |
| Courthouse address | 3 Government Plaza, Rome, GA 30161 |
| Mailing | Mail reaches the court at the street address. The court does not publish a separate probate mailing address. |
| Phone | Main line: (706) 291-5136. Estate clerk: (706) 291-5139. |
| Fax and email | The court does not publish a probate fax number or probate email address. |
| Hours | The court does not publish general estate counter hours. Its licensing guidance states that marriage licenses and weapons carry licenses are processed Monday through Friday, 8:15 a.m. to 4:30 p.m., paperwork must be completed before 4:15 p.m., and the cashier closes at 4:30 p.m. Call before traveling for an estate filing. |
| Filing fee | Georgia's statutory base for a decedent's-estate petition is $175.00 under O.C.G.A. § 15-9-60, effective January 1, 2025, plus the $15.00 indigent defense fee under O.C.G.A. § 15-21A-6 and other add-ons. The Floyd County Probate Court's current published schedule, reviewed August 2026, lists $193.00 for the main decedent's-estate petitions and $178.00 for temporary letters of administration and discharge petitions. The court says these are base prices and additional fees may apply. |
| Local forms | Statewide GPCSF forms are used. Floyd County also publishes a required self-represented litigant affidavit and its own annual return and final return form. |
| E-filing | Available and optional through TrueFiling. If you e-file, Floyd County requires original documents, including the original will and codicils, to reach the court on paper within five business days. The original will and any codicil can never be filed electronically under Uniform Probate Court Rule 5.3.12(B). |
| Case search | Floyd County is covered by Georgia Probate Records, a portal used by participating Georgia probate courts. The court says the portal includes Floyd County records from 2006 to present. |
| Remote appearance | The court does not publish a video or telephone hearing policy. Ask the court before the hearing is set. |
| Website | https://www.floydcountyga.gov/probate_court/index.php |
Before you begin — know the assets and liabilities
Before choosing a Floyd County probate path, make a working list of the decedent's assets, debts, beneficiaries and heirs. The court staff cannot choose the proceeding for you, and the right path can change if there is a will, a house, a minor heir, unpaid creditors or a beneficiary designation.
Sunset can support the estate settlement planning step by helping search for accounts across more than 2,300 financial institutions, then organizing what you find for a Georgia probate packet or attorney review.
Which court handles jurisdiction
One office serves all Floyd County probate filings: the Floyd County Probate Court at 3 Government Plaza in Rome. That same office serves Rome, Cave Spring, Lindale, Shannon, Silver Creek and the rest of Floyd County. Georgia has a probate court in every county, and a Floyd County estate is filed with Floyd County's own Probate Court, not with another county and not with the Clerk of Superior Court.
Georgia venue depends on the decedent's connection to the county. The Probate Court may grant administration for someone who lived in Floyd County at death, or for a nonresident of Georgia who owned property in Floyd County or had a cause of action here (O.C.G.A. § 15-9-31).
Floyd County is an Article 6 probate court under O.C.G.A. § 15-9-120. A party to a civil case may demand a jury trial in the probate court under O.C.G.A. § 15-9-121, the court has concurrent jurisdiction with superior courts over certain matters under O.C.G.A. § 15-9-127, and an appeal goes directly to the Court of Appeals of Georgia or the Supreme Court of Georgia under O.C.G.A. § 15-9-123.
The jurisdiction process
- Confirm that Floyd County is the right venue. File in Floyd County if the decedent lived in Floyd County at death, or if a nonresident of Georgia owned property in Floyd County or had a cause of action here (O.C.G.A. § 15-9-31).
- File the will with reasonable promptness if anyone has the original will (O.C.G.A. § 53-5-5). With a will, choose common form or solemn form probate under O.C.G.A. § 53-5-15. Solemn form gives notice to heirs and binds those properly notified. Common form is not conclusive for four years from the order admitting the will under O.C.G.A. § 53-5-19.
- Choose the statewide GPCSF petition. With no will, use the letters of administration path under O.C.G.A. § 53-6-20. If the estate qualifies and all heirs agree, a petition for an order declaring no administration is necessary may be available under O.C.G.A. § 53-2-40. If a surviving spouse or minor child seeks year's support, that petition must be filed within 24 months under O.C.G.A. § 53-3-5.
- If you file without a lawyer, read the Floyd County Probate Court's self-represented litigant information and include the signed affidavit required by this court.
- File with the Floyd County Probate Court at 3 Government Plaza, Rome, GA 30161, by mail, in person or optionally through TrueFiling. If you use TrueFiling, confirm whether an estate case number already exists before submitting.
- Pay the filing cost when the petition is filed. The statewide statutory base is $175.00 under O.C.G.A. § 15-9-60, effective January 1, 2025, plus the $15.00 indigent defense fee under O.C.G.A. § 15-21A-6 and other add-ons. Floyd County's current published schedule, reviewed August 2026, lists $193.00 for the main decedent's-estate petitions, but the court says additional fees may apply.
- Deliver paper originals when required. Floyd County requires original documents, including the original will and codicils, plus required certificate copies, within five business days after an electronic filing. The original will and any codicil can never be filed electronically and must reach the court before the final order and letters testamentary issue under Uniform Probate Court Rule 5.3.12(B).
- Handle citation and service. In solemn form, heirs must be served or must acknowledge service and assent so letters can issue without further delay (O.C.G.A. § 53-5-21, O.C.G.A. § 53-5-22). The court's guidance says a guardian ad litem is appointed for each minor or incapacitated heir.
- Take the oath before the Probate Judge or a probate clerk, not before a notary (O.C.G.A. § 53-6-24). If the petitioner is outside Georgia, use GPCSF 53 so the oath can be administered by a court where the petitioner lives.
- Address bond. An administrator of an intestate estate must give bond unless all heirs consent to waive it (O.C.G.A. § 53-6-50). The original surety bond must be delivered to the Floyd County Probate Court on paper and cannot be e-filed.
- Receive letters testamentary or letters of administration. Certified copies of letters are what banks, brokers and title companies usually request from the personal representative.
- Publish creditor notice within 60 days of qualification, once a week for four weeks, in the county's official newspaper. Creditors who do not notify the personal representative within three months of the last publication lose equal participation under O.C.G.A. § 53-7-41. In Floyd County, confirm the Rome News-Tribune publication process and cost with the court.
- File the inventory and continue reporting. Unless waived, file the inventory with the Floyd County Probate Court and mail it to heirs or beneficiaries within six months under O.C.G.A. § 53-7-30 and O.C.G.A. § 53-7-32. Floyd County publishes its own annual return and final return form for executors and administrators.
- Pay allowed claims, distribute property and close the estate. When administration is complete, file the discharge petition, usually GPCSF 33, and confirm the current discharge filing charge with the court.
Executor duties
Floyd County adds several practical filing duties to the statewide personal representative checklist. If you file without a lawyer, read the Floyd County Probate Court's self-represented litigant handout and file the signed affidavit with your petition. If you e-file through TrueFiling, deliver the original will, any codicils, the original surety bond and required certificate copies to the court on paper within five business days.
After letters issue, a Georgia personal representative must publish the creditor notice within 60 days of qualification and creditors have three months from the last publication under O.C.G.A. § 53-7-41. In Floyd County, use the county's official newspaper, identified as the Rome News-Tribune, but confirm the current legal organ and publication charge with the court. The inventory is filed and mailed within six months unless waived under O.C.G.A. § 53-7-30 and O.C.G.A. § 53-7-32, and Floyd County publishes its own annual return and final return form for executors and administrators.
Forms and documents
Probate forms in Floyd County
Georgia uses statewide Georgia Probate Court Standard Forms, often called GPCSF forms. A document prepared on a standard form is acceptable in any Georgia probate court, and a probate court may decline to process a substitute that does not conform to the standard form under Uniform Probate Court Rule 5.9.
| Form or document | Use in Floyd County |
|---|---|
| GPCSF 3 | Petition for letters of administration when there is no will. |
| GPCSF 4 | Petition to probate a will in common form under O.C.G.A. § 53-5-15. Common form is not conclusive for four years from the order admitting the will under O.C.G.A. § 53-5-19. |
| GPCSF 5 | Petition to probate a will in solemn form under O.C.G.A. § 53-5. Solemn form requires notice to the heirs and binds those properly notified. |
| GPCSF 7 | Petition to probate a will in solemn form and for letters of administration with will annexed. |
| GPCSF 9 | Petition for order declaring no administration necessary under O.C.G.A. § 53-2-40. |
| GPCSF 10 | Petition for year's support under O.C.G.A. § 53-3-1 and O.C.G.A. § 53-3-5. |
| GPCSF 13 and GPCSF 32 | Leave to sell property, or waiver of bond and grant of powers, when the estate needs authority to deal with real property. |
| GPCSF 33 | Petition for discharge of the personal representative. |
| GPCSF 53 | Commission to administer oath for a petitioner outside Georgia. The oath cannot be taken before a notary. |
| Floyd County self-represented affidavit | Required by the Floyd County Probate Court when you file without a lawyer. |
| Floyd County annual return and final return | County form for executors and administrators, revised 9/2024. |
Fees
Georgia sets probate fees by statute. A decedent's-estate petition has a $175.00 statutory base under O.C.G.A. § 15-9-60, effective January 1, 2025. The $15.00 indigent defense fee applies to each named decedent's-estate petition under O.C.G.A. § 15-21A-6. Service, guardian ad litem charges, recording tied to land, and publication are separate from the filing fee.
| Filing or cost item | Floyd County amount | How to use it |
|---|---|---|
| Main decedent's-estate petitions | $193.00 on the court's current published schedule, reviewed August 2026 | Applies to petition to probate a will in solemn form, petition to probate a will in common form, petition for letters of administration, petition to probate a will in solemn form with letters of administration with will annexed, petition for year's support and petition for an order declaring no administration necessary. |
| Temporary letters of administration | $178.00 on the court's current published schedule, reviewed August 2026 | Use only for a temporary administration petition. |
| Petition for discharge | $178.00 on the court's current published schedule, reviewed August 2026 | Used when the personal representative asks to close and be discharged. |
| Year's support or no-administration petition involving real property | $25.00 added recording charge on the court's current published schedule, reviewed August 2026 | Floyd County publishes this charge because orders affecting land must be recorded. A no administration is necessary order involving real property is recorded under O.C.G.A. § 53-2-40. |
| Guardian ad litem fee | $200.00 on the court's current published schedule, reviewed August 2026 | The court's guidance states that a guardian ad litem is appointed for each minor or incapacitated heir in solemn form probate. |
The court's schedule says these are base prices and additional fees may apply. Confirm the current total with the Floyd County Probate Court at (706) 291-5136 before filing.
Local nuance
Floyd County-specific considerations
| Local point | What it changes |
|---|---|
| Self-represented affidavit | If you file without a lawyer, the Floyd County Probate Court requires you to read its self-represented litigant handout and include the signed affidavit with your filing. |
| TrueFiling with five business day originals rule | E-filing is available, but original documents, including the original will and codicils, must be delivered to the court on paper within five business days. A surety bond is always paper. |
| Article 6 court | Floyd County probate contests are heard in an Article 6 court. A civil probate party may demand a jury trial under O.C.G.A. § 15-9-121, and an appeal goes to the Georgia appellate courts under O.C.G.A. § 15-9-123. |
| Real property filing charges | The court's current schedule, reviewed August 2026, adds $25.00 when a year's support or no administration is necessary petition involves real property. The no administration is necessary recording step is tied to O.C.G.A. § 53-2-40. |
| Minor or incapacitated heir | The court's guidance says a guardian ad litem is appointed for each minor or incapacitated heir in solemn form probate, and the court's current schedule, reviewed August 2026, lists a $200.00 guardian ad litem fee. |
Recent updates
| Current item | What changed for Floyd County filers |
|---|---|
| Electronic petition filings | The Floyd County Probate Court accepts optional TrueFiling for estates, guardianships, conservatorships, inventories, returns, asset management plans and personal status reports. Wills for safekeeping and wills filed not for probate cannot be e-filed, and originals must reach the court on paper within five business days. |
| Published fee schedule | The court publishes a probate and guardianship filing fee schedule. Its estate figures align with the fee statute in force since January 1, 2025 under O.C.G.A. § 15-9-60, but the court's schedule itself does not print an effective date, so confirm the current amount before filing. |
Scenarios
| Scenario | Likely Floyd County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Property with survivorship or a beneficiary designation may pass outside probate. If probate is needed for the home, the spouse may use ordinary administration or a year's support petition under O.C.G.A. § 53-3-1 and O.C.G.A. § 53-3-5. Year's support must be filed within 24 months under O.C.G.A. § 53-3-5, and Floyd County's current schedule, reviewed August 2026, adds $25.00 when real property is involved. | Sunset helps identify whether accounts and assets pass outside probate, organize the home and debt information, and prepare questions for a Georgia probate attorney if year's support or title transfer is involved. |
| Out-of-state adult child with small estate | Floyd County accepts optional TrueFiling, and the participating Georgia Probate Records portal can help follow the case. The oath cannot be notarized, so an out-of-state petitioner uses GPCSF 53 under O.C.G.A. § 53-6-24. Originals still must reach the court on paper within five business days after e-filing. A Georgia financial-institution release under O.C.G.A. § 7-1-239 may avoid a court filing where it fits. | Sunset helps find accounts, separate probate and nonprobate assets, and coordinate the estate settlement packet so the family knows what must be mailed, e-filed or handled through a local attorney. |
| Parent settling predeceased child's estate, home must be sold | A sale usually requires letters testamentary if there is a will, or letters of administration if there is no will. The personal representative may need powers granted by unanimous consent and published citation under O.C.G.A. § 53-7-1(b), using GPCSF 32, or a leave-to-sell petition using GPCSF 13. If there is no will, all heirs agree and the estate owes nothing, an order that no administration is necessary under O.C.G.A. § 53-2-40 may vest title directly in the heirs, with recording through the Clerk of Superior Court. | Sunset helps collect asset and debt information, flag title issues, and connect the family to a vetted attorney when a sale, heir agreement or court authority is needed. |
Self-help resources
| Resource | How it helps |
|---|---|
| Floyd County Probate Court | Contact information, decedents' estates guidance, forms links, e-filing rules and the court's published filing fee schedule. |
| Floyd County Probate Court filing fees | The court's current two-page probate and guardianship fee schedule, including estate filing charges and local add-ons. |
| Proceeding as a self-represented litigant in Floyd County Probate Court | Required court guidance and affidavit for anyone filing in Floyd County without a lawyer. |
| Electronic petition filings | Floyd County's TrueFiling rules, including the five business day paper-original deadline. |
| Georgia Probate Court Standard Forms | Current statewide GPCSF petition forms and instructions published by the Council of Probate Court Judges of Georgia. |
| Council of Probate Court Judges of Georgia | Statewide probate information, Uniform Probate Court Rules, standard forms and the Georgia probate court directory. |
| Georgia Probate Records | A portal used by participating Georgia probate courts. Floyd County is listed in the estate search, and the court says it includes Floyd County records from 2006 to present. |
| Georgia Legal Services Program | Free civil legal help for eligible people in the 154 Georgia counties outside metro Atlanta, including Floyd County. Statewide intake is 1-833-GLSPLAW or 1-833-457-7529. |
When to hire an attorney
Floyd County is an Article 6 probate court, so a contested civil probate matter can include a jury demand in the probate court itself under O.C.G.A. § 15-9-121, and an appeal goes directly to the Court of Appeals of Georgia or the Supreme Court of Georgia under O.C.G.A. § 15-9-123. A lawyer is especially useful if someone files a caveat, heirs disagree, a minor or incapacitated heir needs a guardian ad litem, a house must be sold, or an out-of-state personal representative needs help coordinating the oath, originals and TrueFiling. Sunset connects families to a vetted local probate attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 institutions to help identify bank, brokerage, retirement, insurance and other accounts that may be part of the estate settlement.
Generate the probate packet. Sunset helps organize the family information, asset list, creditor information and Georgia form path so the Floyd County Probate Court packet is easier to review before filing.
Find a local probate attorney. When the estate is contested, a house must be sold, an heir is a minor or the personal representative lives outside Georgia, Sunset can connect the family with a vetted Georgia probate attorney.
Sunset is free for families. Families can use Sunset's estate settlement tools at no cost while deciding whether they need court filing help, attorney support or both.
Frequently asked questions
Where do I file probate in Floyd County?
File with the Floyd County Probate Court at 3 Government Plaza, Rome, GA 30161. Administration belongs in Floyd County if the person lived in Floyd County at death, or if a nonresident of Georgia owned property in Floyd County or had a cause of action here (O.C.G.A. § 15-9-31).
Can I file probate online in Floyd County?
Yes. Floyd County accepts optional e-filing through TrueFiling. It is not required. If you e-file, the court requires original documents, including the original will and any codicils, to reach the court on paper within five business days. The original will and any codicil can never be filed electronically and must be filed on paper before letters testamentary issue under Uniform Probate Court Rule 5.3.12(B).
What does it cost to open an estate in Floyd County?
The Floyd County Probate Court's current published schedule, reviewed August 2026, lists $193.00 for the main decedent's-estate petitions and $178.00 for temporary letters of administration and discharge petitions. Georgia's statutory base is $175.00 under O.C.G.A. § 15-9-60, effective January 1, 2025, and the $15.00 indigent defense fee applies to the named decedent's-estate petitions under O.C.G.A. § 15-21A-6. The court says its figures are base prices, so call (706) 291-5136 before filing.
Does Floyd County have its own probate forms?
Floyd County uses the statewide GPCSF forms. It also publishes a required self-represented litigant affidavit and a county annual return and final return form for executors and administrators. The standard forms are governed by Uniform Probate Court Rule 5.9.
Do I have to hire a lawyer for Floyd County probate?
No rule stated by the court requires a lawyer for every probate filing. If you file without one, the Floyd County Probate Court requires you to read its self-represented litigant information and file the attached affidavit. The court also says its staff cannot choose the proceeding for you, complete your forms or give legal advice.
When will my Floyd County probate hearing be?
The court publishes no estate hearing calendar and no filing-to-hearing window. Its own guidance says court staff can schedule uncontested hearings and tell you how other matters are scheduled, so call (706) 291-5136 after your petition is ready or filed.
Can I attend a Floyd County probate hearing by video or phone?
The Floyd County Probate Court does not publish a video or telephone hearing policy. Ask the court when the hearing is being scheduled. E-filing, the participating portal and the out-of-state oath commission can reduce travel, but originals still have to reach the court on paper.
How do I look up a Floyd County estate case?
Use Georgia Probate Records at https://www.georgiaprobaterecords.com/Estates/SearchEstates.aspx, a portal used by participating Georgia probate courts. Floyd County is listed in the estate search, and the Floyd County Probate Court says the portal includes Floyd County records from 2006 to present.
What if someone contests the will in Floyd County?
Floyd County is an Article 6 probate court under O.C.G.A. § 15-9-120. A party to a civil probate case may demand a jury trial in the probate court under O.C.G.A. § 15-9-121, and an appeal goes directly to the Court of Appeals of Georgia or the Supreme Court of Georgia under O.C.G.A. § 15-9-123.
Where is the creditor notice published in Floyd County?
A personal representative must publish the creditor notice within 60 days of qualification, once a week for four weeks, and creditors have three months from the last publication under O.C.G.A. § 53-7-41. The Floyd County legal organ is identified as the Rome News-Tribune, but confirm the current legal organ and publication charge with the Probate Court before placing notice.
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.