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Forsyth County, GA Probate Information
Quick facts
| Item | Forsyth County information |
|---|---|
| Court | Forsyth County Probate Court |
| Filing office | 100 West Courthouse Square, Suite 008, Cumming, GA 30040. This is not the Forsyth County Courthouse at 101 East Courthouse Square. |
| Mailing address | 100 West Courthouse Square, Suite 008, Cumming, GA 30040 |
| Phone | (770) 781-2140 |
| Fax | (770) 886-2839 |
| [email protected] | |
| Hours | Monday through Friday, 8:30 a.m. to 4:30 p.m. |
| Filing fee | Forsyth County publishes $205.00 as of August 2026 for letters of administration, probate of a will in solemn form, solemn form with letters with will annexed, an order declaring no administration necessary and year's support. It publishes $190.00 as of August 2026 for temporary letters, leave to sell and discharge. Georgia's statewide base fee for a decedent's-estate petition is $175.00 under O.C.G.A. § 15-9-60, effective January 1, 2025, with statutory add-ons and separate service and publication costs. Confirm the current total with the court before filing. |
| Local forms | Yes. Forsyth uses the statewide GPCSF forms and also publishes an Heirs Determination Worksheet, Affidavit of Diligent Search, Estate Inventory, Estate Inventory Instructions, Annual Return and Annual Return Instructions. |
| E-filing | Available through eFileGA and permissive. You may file by mail, in person or by eFile. The original will and any codicil must still reach the court on paper within ten days of any electronic filing and before the final order and letters testamentary issue under Uniform Probate Court Rule 5.3.12(B). |
| Public filing lookup | ReSearchGA at https://researchga.tylerhost.net, plus a public kiosk in the Probate Court clerk's office. |
| Remote appearance | No general remote appearance policy is published. Call (770) 781-2140 to ask whether your hearing can be handled without appearing in person. |
| Website | https://www.forsythco.com/government/departments/probate-court/ |
Before you begin — know the assets and liabilities
Before you choose a Forsyth County form, list the assets, debts, heirs and beneficiary designations. The Probate Court can take the filing, but the right path depends on whether there is a will, whether anyone needs authority to sell real estate, whether creditors exist and whether all heirs agree. Sunset's 2,300-institution asset discovery helps families start estate settlement with a fuller account list instead of guessing.
Also decide how the filing will reach the court. Forsyth accepts mail, in-person filing and permissive eFileGA filing, but the original will and any codicil must still be delivered on paper, and the oath of office is separate from a notarized filing verification.
Which court handles jurisdiction
The Forsyth County Probate Court in Cumming serves the entire county from one office at 100 West Courthouse Square, Suite 008. The county seat is Cumming. Do not confuse Forsyth County with the City of Forsyth in Monroe County.
Georgia has one probate court in each county, and a Forsyth County estate filing goes to the Forsyth County Probate Court, not to a superior court filing office. Administration may be granted in the county where the decedent lived at death, or for a nonresident of Georgia, in a county where the decedent owned property or had a bona fide cause of action under O.C.G.A. § 15-9-31. If the specific route is an order that no administration is necessary, venue follows O.C.G.A. § 53-2-40.
Forsyth is an Article 6 probate court. That means a party to a civil case may demand a jury trial by written demand 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.
The jurisdiction process
- File the will, if there is one. Whoever has the will should file the original with the Forsyth County Probate Court with reasonable promptness under O.C.G.A. § 53-5-5. If you e-file related documents, the original will and any codicil must reach the court on paper within ten days and before the final order and letters testamentary issue under Uniform Probate Court Rule 5.3.12(B).
- Choose the correct Georgia petition. With a will, Georgia uses common form or solemn form probate under O.C.G.A. § 53-5. Solemn form binds heirs who receive notice. Common form does not become conclusive for four years from the order admitting the will under O.C.G.A. § 53-5-19. With no will, the usual petition is for letters of administration under O.C.G.A. § 53-6-20. Use the statewide GPCSF forms and any Forsyth County worksheets that apply.
- File with the Forsyth County Probate Court. File at 100 West Courthouse Square, Suite 008, Cumming, GA 30040, by mail to the same address, in person or through eFileGA. The court says filings must be in writing, signed and verified by the filing party. A pleading may be verified by a notary or Probate Court clerk, but that is not the oath of office.
- Pay the filing fee and prepare service materials. Fees are paid at filing under O.C.G.A. § 15-9-60(d) and Uniform Probate Court Rule 5.3.14. Forsyth publishes $205.00 as of August 2026 for letters of administration, solemn form, solemn form with letters with will annexed, an order declaring no administration necessary and year's support. It publishes $190.00 as of August 2026 for temporary letters, leave to sell and discharge. The statewide base fee is $175.00 under O.C.G.A. § 15-9-60, effective January 1, 2025, with statutory add-ons, including the indigent defense fee under O.C.G.A. § 15-21A-6 where it applies. Service, postage and publication are separate.
- Complete notice, service and publication. The court issues any citation, and the filer provides copies and mailing materials to the court. Forsyth publishes sheriff personal service at $50.00 per person as of August 2026. Published citations run in the Forsyth County News, with $180.00 as published August 2026 for the four-week publication on an administration, year's support or waiver petition, and $45.00 as published August 2026 for the one-week publication on a discharge petition. Solemn form notice follows the current Georgia notice rules in O.C.G.A. § 53-5.
- Take the oath and address bond. Before letters issue, the personal representative takes the oath before the probate judge or a clerk, not before a notary, under O.C.G.A. § 53-6-24 and GPCSF 1. An out-of-state petitioner can use GPCSF 53, Commission to Administer Oath. An administrator of an intestate estate and a temporary administrator must post bond unless it is waived under O.C.G.A. § 53-6-50, and any surety bond is filed on paper.
- Receive letters and start administration. After the court admits the will or appoints the administrator and the petitioner qualifies, the court issues letters testamentary or letters of administration. Forsyth publishes certified copies of letters at $10.00 each as of August 2026. Ask how many certified copies you will need for banks, title companies and other institutions.
- Publish creditor notice. A personal representative must publish notice to creditors within 60 days after qualification, once a week for four weeks, in the official newspaper of the county where the representative qualified. In Forsyth County, that is the Forsyth County News. Creditors who do not notify the personal representative within three months after the last publication lose equal participation rights under O.C.G.A. § 53-7-41.
- File inventory, returns and close the estate. Unless waived, file the inventory with the Forsyth County Probate Court and mail copies to heirs or beneficiaries within six months of qualification under O.C.G.A. § 53-7-30 and O.C.G.A. § 53-7-32. Forsyth publishes Estate Inventory and Annual Return forms. After debts, distributions and required returns are complete, file the discharge petition on GPCSF 33. Forsyth publishes the discharge filing at $190.00 as of August 2026, plus any required publication.
Executor duties
Georgia sets the statewide duties of a personal representative. In Forsyth County, the local work is practical: use the Probate Court's own inventory and annual return forms, budget separately for publication in the Forsyth County News and order the certified copies of letters that banks, buyers and title companies will ask for.
| Duty | Forsyth County practice |
|---|---|
| Inventory | File the inventory with the Forsyth County Probate Court and mail copies to heirs or beneficiaries within six months of qualifying unless waived under O.C.G.A. § 53-7-30 and O.C.G.A. § 53-7-32. Forsyth publishes its own Estate Inventory form and instructions. The filing is $40.00 as published August 2026 when assets are listed and no fee as published August 2026 when no assets are listed. |
| Annual return | Forsyth publishes its own Annual Return form and instructions. The court's schedule, as published August 2026, lists $40.00 when assets are listed and no fee when no assets are listed. |
| Publication | Publication is paid separately from the filing fee and made payable to Forsyth County News. As published August 2026, the court lists $180.00 for a four-week publication on an administration, year's support or waiver petition, and $45.00 for a one-week publication on a petition for discharge. |
| Letters | Certified copies of letters are $10.00 each as published August 2026 on the Forsyth schedule. Exemplified copies are $15.00 plus $1.00 per page as published August 2026. |
| Missing heirs or interested parties | Forsyth publishes an Affidavit of Diligent Search and an Heirs Determination Worksheet to help prepare the petition and service materials. |
Forms and documents
Probate forms in Forsyth County
Forsyth County uses Georgia's statewide numbered probate forms, the GPCSF series. Those forms are adopted for use in Georgia probate courts under Uniform Probate Court Rule 5.9, and the Forsyth County Probate Court directs filers to the Council of Probate Court Judges of Georgia for current versions.
Forsyth also publishes county estate documents on its own Probate Forms and Fees and Estates pages. The county documents are an Heirs Determination Worksheet, Affidavit of Diligent Search, Estate Inventory, Estate Inventory Instructions, Annual Return and Annual Return Instructions. Forsyth does not publish a county petition form or separate county cover sheet for estate petitions.
| Form set | Where to use it |
|---|---|
| Statewide GPCSF forms | Use the appropriate statewide petition, such as GPCSF 3 for letters of administration, GPCSF 5 for solemn form, GPCSF 7 for solemn form with letters with will annexed, GPCSF 9 for an order that no administration is necessary under O.C.G.A. § 53-2-40, GPCSF 10 for year's support under O.C.G.A. § 53-3, GPCSF 13 for leave to sell, GPCSF 32 for waiver of bond or powers and GPCSF 33 for discharge. |
| Forsyth County Heirs Determination Worksheet | Use it to work out the heir list before filing a petition that requires heirs. |
| Forsyth County Affidavit of Diligent Search | Use it when an heir or interested person cannot be located for service. |
| Forsyth County Estate Inventory and Annual Return forms | Use them for the filings the personal representative makes after appointment. Inventory timing is tied to the six months requirement in O.C.G.A. § 53-7-30 unless waived. |
Fees
Forsyth County publishes a probate fee schedule, but the page does not state a county effective date. The figures below are the court's published amounts as of August 2026. Georgia's statewide probate fee statute sets the $175.00 base for a decedent's-estate petition under O.C.G.A. § 15-9-60, effective January 1, 2025. The indigent defense fee is a statutory add-on under O.C.G.A. § 15-21A-6 for the named decedent's-estate petitions. Forsyth publishes single totals, so do not break those totals into components without asking the court.
| Filing or service | Published amount |
|---|---|
| Petition for letters of administration | $205.00 as published August 2026 |
| Petition to probate will in solemn form | $205.00 as published August 2026 |
| Petition to probate will in solemn form and for letters of administration with will annexed | $205.00 as published August 2026 |
| Petition for order declaring no administration necessary | $205.00 as published August 2026 |
| Petition for year's support | $205.00 as published August 2026 |
| Petition for temporary letters of administration | $190.00 as published August 2026 |
| Petition of personal representative for leave to sell property | $190.00 as published August 2026 |
| Petition for discharge | $190.00 as published August 2026 |
| Caveat, objection or other response pleading by a person who received notice or citation | $75.00 as published August 2026 |
| Inventory, annual return or final return with assets listed | $40.00 as published August 2026 |
| Inventory, annual return or final return with no assets listed | No fee as published August 2026 |
| Certified copies of letters | $10.00 each as published August 2026 |
| Copies | $1.00 per page as published August 2026, plus applicable postage |
| Forsyth County sheriff personal service | $50.00 per person as published August 2026 |
Publication is separate from the filing fee under O.C.G.A. § 15-9-60. Forsyth publishes, as of August 2026, $180.00 for the four-week publication used for administrations, year's support and waiver petitions, $45.00 for the one-week publication on a petition for discharge and $15.00 per 100 words per week for other publications. Publication fees are payable to Forsyth County News.
Local nuance
Forsyth County-specific considerations
| Local point | Why it matters |
|---|---|
| Article 6 court | Forsyth is an Article 6 probate court, so contested civil matters can include a jury demand under O.C.G.A. § 15-9-121 and appeals go to the Court of Appeals of Georgia or the Supreme Court of Georgia under O.C.G.A. § 15-9-123. |
| Separate Probate Court building | The Probate Court is at 100 West Courthouse Square, Suite 008. The Forsyth County Courthouse at 101 East Courthouse Square is a different building. |
| Permissive e-filing | Forsyth accepts eFileGA filings, but the court also accepts mail and in-person filings. Self-represented filers are not required to e-file. |
| Published fee and publication charges | Forsyth publishes $205.00 and $190.00 estate filing lines as of August 2026, and it also publishes the Forsyth County News publication charges and payee. |
| County estate documents | Forsyth publishes its own Heirs Determination Worksheet, Affidavit of Diligent Search, Estate Inventory and Annual Return forms in addition to the statewide GPCSF set. |
| Public filing lookup | Estate filings are looked up through ReSearchGA or at the public kiosk in the Probate Court clerk's office. |
| Shared counter, separate elections office | The Probate Court also handles marriage licenses, weapons carry licenses, vital records and passports. Elections are handled by a separate Forsyth County department. |
Recent updates
| Local update | What changed |
|---|---|
| Probate fee schedule | The Forsyth County Probate Court publishes $205.00 as of August 2026 for letters of administration, probate of a will in solemn form, an order declaring no administration necessary and year's support, and $190.00 as of August 2026 for temporary letters, leave to sell and discharge. These figures sit within Georgia's current O.C.G.A. § 15-9-60 fee framework. |
| Publication charges | The court publishes the publication payee and amounts as of August 2026: $180.00 for a four-week publication on an administration, year's support or waiver petition, $90.00 for a two-week temporary guardianship publication, $45.00 for a one-week publication on a petition for discharge and $15.00 per 100 words per week otherwise, payable to Forsyth County News. |
| Website path | The Probate Court now uses the county's government department path at https://www.forsythco.com/government/departments/probate-court/, with separate Estates and Probate Forms and Fees pages. |
Page last reviewed: August 2026.
Scenarios
| Situation | Likely Forsyth County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | If the home was truly co-owned with survivorship, it may pass outside the probate estate. If assets or the home were in the decedent's sole name, file with the Forsyth County Probate Court by mail, in person or eFileGA. A spouse should ask whether year's support under O.C.G.A. § 53-3 fits, since it can set aside property for support and must be filed within 24 months under O.C.G.A. § 53-3-5. Forsyth publishes the year's support petition at $205.00 as of August 2026, plus $180.00 as published August 2026 for the four-week publication in the Forsyth County News. | Sunset finds accounts, insurance and other assets so the surviving spouse can compare beneficiary property, probate property and debts before choosing an estate settlement path. |
| Out-of-state adult child with a small estate | If the parent lived in Forsyth County, file in Forsyth County under O.C.G.A. § 15-9-31 even if you live elsewhere. Forsyth accepts mail filings and permissive eFileGA filings. The original will still travels on paper, and the oath cannot be notarized. Use GPCSF 53 if you need to take the oath before a court of record where you live. | Sunset helps gather account information remotely, organize the GPCSF packet and reduce unnecessary travel for estate settlement. |
| Parent settling a predeceased child's estate when a home must be sold | A sale usually requires authority from the Forsyth County Probate Court. The personal representative may need powers under O.C.G.A. § 53-7-1(b) and GPCSF 32, or a petition for leave to sell on GPCSF 13, which Forsyth publishes at $190.00 as of August 2026. If there is no will, all heirs agree and creditor issues fit the statute, an order that no administration is necessary under O.C.G.A. § 53-2-40 may vest title in the heirs. Forsyth publishes that petition at $205.00 as of August 2026, and any order affecting Forsyth County land is recorded in the deed records through the superior court clerk. | Sunset builds the asset and debt picture, prepares the probate packet and connects the family to a vetted Forsyth County probate attorney when a sale or title issue needs counsel. |
Self-help resources
| Resource | How it helps |
|---|---|
| Forsyth County Probate Court | Estate filing office at 100 West Courthouse Square, Suite 008, Cumming, GA 30040. Phone: (770) 781-2140. Email: [email protected]. The court's Estates and Probate Forms and Fees pages include local estate documents, the fee schedule and publication charges. Court staff can explain procedure but cannot give legal advice. |
| Georgia Probate Court Standard Forms, Council of Probate Court Judges of Georgia | Current GPCSF PDFs used in Georgia probate courts, including GPCSF 1 and GPCSF 53. The Forsyth County Probate Court points filers to this site for standard forms. |
| Supreme Court of Georgia probate standard forms index | Statewide index for the Georgia Probate Court Standard Forms and General Instructions. |
| Council of Probate Court Judges of Georgia | Statewide probate court site with standard forms, Uniform Probate Court Rules, explanatory videos and a directory of Georgia probate courts. |
| Forsyth County Law Library | Located in the Forsyth County Courthouse at 101 East Courthouse Square, a different building from the Probate Court. The Probate Court points people with legal questions to the Law Library. Check the Law Library for current hours. |
| ReSearchGA public filing lookup | Forsyth County's linked online lookup for public probate filings. The court also offers a public kiosk in the Probate Court clerk's office. Copies are $1.00 per page as published August 2026, plus postage, and some requests may carry an additional administrative research charge. |
| Georgia Legal Services Program | Free civil legal help for eligible people in counties outside Clayton, Cobb, DeKalb, Fulton and Gwinnett. Forsyth County is in its service area. Apply online or call the statewide intake line at 1-833-457-7529 and ask whether the program can assist with the estate issue. |
| State Bar of Georgia | The Probate Court suggests contacting the State Bar of Georgia or the Forsyth County Bar Association when you need help finding an attorney familiar with probate law. |
| GeorgiaLegalAid.org | Plain-language Georgia legal information, including topics related to wills, estates and what to do after a death. |
| Georgia Courts self-help resources | Judicial Council and Administrative Office of the Courts materials for people navigating Georgia courts without a lawyer. |
When to hire an attorney
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 financial institutions to help families build a practical asset list before a Forsyth County filing. That makes estate settlement easier because the petition, inventory, creditor work and real estate decisions all depend on knowing what exists.
Generate the probate packet. Sunset helps assemble the information needed for the Georgia GPCSF forms and the Forsyth County estate documents, including the Heirs Determination Worksheet, Estate Inventory and Annual Return. The family still files with the Forsyth County Probate Court, but the packet is organized before it reaches the counter, mailroom or eFileGA.
Find a local probate attorney. When an estate involves a home sale, a caveat, missing heirs, powers under O.C.G.A. § 53-7-1(b), a bond issue or an Article 6 dispute, Sunset connects families with a vetted Georgia probate attorney who handles Forsyth County matters.
Sunset is free for families. Sunset supports estate settlement by helping families find assets, organize documents and understand next steps. If legal help is needed, Sunset can connect the family to counsel without charging families for the Sunset platform.
Frequently asked questions
Where do I file probate in Forsyth County?
File with the Forsyth County Probate Court at 100 West Courthouse Square, Suite 008, Cumming, GA 30040. 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 under O.C.G.A. § 15-9-31.
Can I e-file a probate case in Forsyth County?
Yes. Forsyth accepts e-filing through eFileGA, and the court's own filing options are mail, in person or eFile. E-filing is permissive, not required. The original will and any codicil still must be filed on paper within ten days of any electronic filing and before the final order and letters testamentary issue under Uniform Probate Court Rule 5.3.12(B).
What does it cost to open an estate in Forsyth County?
Forsyth publishes $205.00 as of August 2026 for a petition for letters of administration, probate of a will in solemn form, solemn form with letters with will annexed, an order declaring no administration necessary or year's support. It publishes $190.00 as of August 2026 for temporary letters. Georgia's statewide base fee is $175.00 under O.C.G.A. § 15-9-60, effective January 1, 2025, with statutory add-ons and separate service and publication costs. Confirm the current total with the court.
How much does publication cost in Forsyth County?
Forsyth publishes publication charges as of August 2026. The four-week publication for an administration, year's support or waiver petition is $180.00, and the one-week publication for a petition for discharge is $45.00. Publication fees are payable to Forsyth County News.
Can I look up a Forsyth County estate case online?
Use ReSearchGA at https://researchga.tylerhost.net, which the court links for public filing lookup, or use the public kiosk in the Probate Court clerk's office. Copies are $1.00 per page as published August 2026, plus postage, and some requests may carry an additional administrative research charge.
Does the Forsyth County Probate Court have its own forms?
Yes. Petitions use the statewide GPCSF forms, and Forsyth adds its own Heirs Determination Worksheet, Affidavit of Diligent Search, Estate Inventory, Estate Inventory Instructions, Annual Return and Annual Return Instructions.
Do I have to travel to Cumming if I live out of state?
Not for every step. Forsyth accepts filings by mail and eFileGA, and public filing copies can be requested online or by phone. Two steps still matter physically: the original will must reach the court on paper, and the oath of office cannot be taken before a notary. An out-of-state petitioner can use GPCSF 53, Commission to Administer Oath, to take the oath before a court of record where they live.
What happens if someone contests the will in Forsyth County?
Forsyth is an Article 6 probate court. In an Article 6 civil case, a party may demand a jury trial by written demand 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.
Is the Probate Court in the main Forsyth County Courthouse?
No. Estate filings go to the Probate Court at 100 West Courthouse Square, Suite 008, Cumming. The Forsyth County Courthouse at 101 East Courthouse Square houses the superior and state courts and the county Law Library, but estate petitions are not filed there.
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.