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Henry County, GA Probate Information
Quick facts
| Item | Henry County detail |
|---|---|
| Court | Henry County Probate Court |
| Courthouse address | 99 Sims Street, McDonough, GA 30253 |
| Mailing address | Mail to the same address: 99 Sims Street, McDonough, GA 30253 |
| Phone | (770) 288-7600. TTY: (770) 288-6818 |
| Fax | Probate fax: (770) 288-7616 |
| Hours | Probate and guardianship matters: Monday through Friday, 8:00 a.m. to 11:45 a.m. and 1:00 p.m. to 4:15 p.m. Marriage licenses are by appointment only. Call before traveling. |
| Filing fee | Georgia sets probate fees by statute. A decedent's-estate petition has a $175.00 base fee under O.C.G.A. § 15-9-60, effective January 1, 2025, plus statutory add-ons including the $15.00 indigent defense fee under O.C.G.A. § 15-21A-6, effective January 1, 2025. Service and publication are separate. Henry County's estate packets revised January 1, 2025 show a $60.00 publication charge. Confirm the current total with the court. |
| Local forms | Yes. Henry County publishes its own editions of Georgia's statewide GPCSF estate petitions, each headed Henry County Probate Court and revised January 1, 2025. |
| E-filing | Estate filings are paper filed in person or by mail. Henry's Superior, State and Magistrate courts appear on an electronic filing list, but the Probate Court does not. Original wills and surety bonds are paper filings in every Georgia probate court. |
| Case lookup | Henry County appears in the estate search at georgiaprobaterecords.com, a case lookup portal used by participating Georgia probate courts. The Henry County Probate Court says it is for newer estate cases. If a case is not listed, call the court. |
| Remote appearance | No remote appearance procedure is published. Ask the court whether your hearing can be handled without appearing in person. |
| Website | https://www.henrycountyprobatecourt.com/ |
Before you begin — know the assets and liabilities
Before you file in Henry County, make a list of assets, debts, beneficiaries, heirs, real estate and accounts with beneficiary designations. Many assets never go through probate, and the right petition depends on what remains in the estate after those transfers are identified.
Sunset's 2,300-institution asset discovery helps families find accounts before choosing a Georgia probate path. That work is especially useful in Henry County because estate settlement may involve a paper filing, a separate publication charge, an oath that cannot be notarized and real estate documents that may need to reach the land deed books.
Which court handles jurisdiction
One office serves all Henry County probate filings: the Henry County Probate Court at 99 Sims Street in McDonough. Georgia has one Probate Court in each county, and Henry County estate filings do not go to any countywide filing office, district office or other court. The court serves McDonough, Stockbridge, Hampton, Locust Grove and the rest of Henry County.
Venue for administration is local. The Henry County Probate Court can grant administration for a person who lived in Henry County at death, or for a nonresident of Georgia who owned property in Henry County or had a cause of action here (O.C.G.A. § 15-9-31). If the family is using an order that no administration is necessary, that petition is filed in the probate court of the decedent's Georgia domicile, or in the county where real property is located if the decedent was not domiciled in Georgia (O.C.G.A. § 53-2-40).
Henry County is an Article 6 probate court. A party to a civil probate 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
- Locate the original will, if there is one, and file it with the Henry County Probate Court with reasonable promptness (O.C.G.A. § 53-5-5). The original will is a paper document and should go to 99 Sims Street in McDonough.
- Choose the petition. With a will, Georgia uses common form or solemn form probate under O.C.G.A. § 53-5. 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 Henry County's own January 1, 2025 petition packet when the court provides one.
- Prepare the packet for paper filing. Henry County accepts estate filings at the counter or by mail, not through a published estate e-filing portal. If heirs are acknowledging service on an administration petition, put each acknowledgment on its own page because the court's packet says combined acknowledgments will not be accepted.
- Pay the fee when filing. The base fee for a decedent's-estate petition is $175.00 under O.C.G.A. § 15-9-60, effective January 1, 2025, plus statutory add-ons including the $15.00 indigent defense fee under O.C.G.A. § 15-21A-6, effective January 1, 2025. Service and publication are extra, and Henry County's estate packets revised January 1, 2025 list a $60.00 publication charge.
- Complete notice, service, acknowledgment or publication as the petition requires. The court issues a citation, and the petitioner handles the service materials or publication steps. Henry County's packets say notices appear in print on Fridays for four consecutive weeks when publication is required.
- Take the oath before the Henry County probate judge or a clerk of the court. A notary cannot administer the oath (O.C.G.A. § 53-6-24). If the petitioner is outside Georgia, Henry County's packet points to GPCSF 53, Commission to Administer Oath, for an oath administered by a court outside Georgia.
- Address bond and powers. An administrator of an intestate estate must give bond unless all heirs consent to waive it (O.C.G.A. § 53-6-50). Waiver of bond, waiver of reports and expanded powers require unanimous consent plus published notice under O.C.G.A. § 53-7-1(b).
- Qualify and obtain letters testamentary or letters of administration. Ask the court how many certified copies you need for banks, title companies and other institutions.
- Publish the notice to creditors within 60 days after qualification, once a week for four weeks in the county's legal organ. 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.
- Administer and close the estate. Collect assets, pay valid claims, make distributions, file the inventory with the Henry County Probate Court and mail it to heirs or beneficiaries within six months unless waived under O.C.G.A. §§ 53-7-30 and 53-7-32, file any required fiduciary compliance report, then petition for discharge.
Forms and documents
Probate forms in Henry County
Georgia uses one statewide set of numbered probate forms, the GPCSF series, adopted under Uniform Probate Court Rule 5.9. A document prepared on the statewide form is acceptable in any Georgia probate court, and the court may decline a substitute that does not conform to the standard form.
Henry County adds something practical: its own court-branded editions of the estate petitions. They are posted on the Henry County Probate Court site, each revised January 1, 2025, and they include the court's local instructions, address block and $60.00 publication charge as shown on those January 1, 2025 packets.
| Henry County form or packet | Use |
|---|---|
| Petition for letters of administration | No will. The court's packet says acknowledgments of service must be on separate pages and will not be accepted if combined on one page. |
| Petition to probate will in common form | Will filing under O.C.G.A. § 53-5. Common form does not become conclusive for four years from the order admitting the will under O.C.G.A. § 53-5-19. |
| Petition to probate will in solemn form | Will filing under O.C.G.A. § 53-5 with notice to heirs. |
| Petition to probate will in solemn form and for letters of administration with will annexed | Will exists, but no nominated executor is qualifying. |
| Petition for order declaring no administration necessary | Georgia's court order route under O.C.G.A. § 53-2-40 when the statutory conditions are met. |
| Petition for year's support | Surviving spouse or minor child route under O.C.G.A. § 53-3, filed within 24 months under O.C.G.A. § 53-3-5. |
| Petition of personal representative for leave to sell real property | Authority to sell estate real property when the representative does not already have the needed power. |
Fees
Henry County's most important local cost is publication. The court's own estate petition packets revised January 1, 2025 state: publication fee, $60.00, and notice appears in print on Fridays for four consecutive weeks. The Georgia Press Association's 2026 county list marks the Henry Herald in McDonough as Henry County's legal organ, but confirm the current legal organ and payee with the Probate Court when the citation is issued.
Filing fees are due when the petition is filed and are not refundable. The statutory base fee for a decedent's-estate petition is $175.00 under O.C.G.A. § 15-9-60, effective January 1, 2025, plus statutory add-ons including the $15.00 indigent defense fee under O.C.G.A. § 15-21A-6, effective January 1, 2025. Henry County's website directs filers to its fees page, so call (770) 288-7600 or check that page before you file.
| Local payment point | What to know |
|---|---|
| Cash | The payment information published on the court's March 2025 site says the court cannot accept bills larger than $50.00 unless you pay with exact change. |
| Cards | Visa, MasterCard and American Express credit or debit cards are accepted, with a card processing fee. |
| Checks and money orders | The court accepts local Henry County checks numbered above 500 and money orders. |
Local nuance
Henry County-specific considerations
| Local point | What it means for a Henry County filing |
|---|---|
| Article 6 court | Henry County is an Article 6 probate court. Civil probate cases can involve a jury demand under O.C.G.A. § 15-9-121, and appeals go to Georgia's appellate courts under O.C.G.A. § 15-9-123. |
| Midday closure | The probate and guardianship counter is open Monday through Friday, 8:00 a.m. to 11:45 a.m. and 1:00 p.m. to 4:15 p.m. Plan around the closure from 11:45 a.m. to 1:00 p.m. |
| Court editions of forms | The court publishes its own January 1, 2025 editions of Georgia estate petitions, including letters of administration, common form under O.C.G.A. § 53-5, solemn form under O.C.G.A. § 53-5, no administration is necessary under O.C.G.A. § 53-2-40 and year's support under O.C.G.A. § 53-3. |
| Separate acknowledgments | For the administration petition, the court's packet says acknowledgments of service must be on separate pages and will not be accepted if submitted on the same page. |
| Publication practice | The court's estate packets revised January 1, 2025 show a $60.00 publication charge and say notice appears in print on Fridays for four consecutive weeks. The notice to creditors is published within 60 days, and the three months creditor period runs from the last publication under O.C.G.A. § 53-7-41. |
| Paper filing | Estate filings are filed on paper at 99 Sims Street or mailed there. There is no published estate e-filing portal for Henry County Probate Court. |
| Payment rules | The court accepts cash, cards with a processing fee, local Henry County checks numbered above 500 and money orders. The payment information published on the court's March 2025 site says bills larger than $50.00 are not accepted unless exact change is used. |
Recent updates
| Local update | What changed |
|---|---|
| Estate petition packets revised January 1, 2025 | The Henry County Probate Court reissued its own editions of the Georgia estate petitions, including letters of administration, common form, solemn form, letters with will annexed, no administration is necessary, year's support and leave to sell real property. The January 1, 2025 date appears on those packets and should be read with O.C.G.A. § 15-9-60 for the statewide fee statute. |
| Publication charge shown as $60.00 on January 1, 2025 packets | The court's estate petition packets revised January 1, 2025 show a $60.00 publication charge and say notice appears in print on Fridays for four consecutive weeks. |
| Passport applications no longer processed | The court's site says the Probate Court no longer processes passport applications and directs applicants to the United States Department of State. |
Page last reviewed: August 2026.
Scenarios
| Scenario | Likely Henry County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | First confirm whether the home passed outside probate by survivorship or beneficiary designation. If property remains in the decedent's sole name, the spouse may need ordinary administration or a year's support petition under O.C.G.A. § 53-3. Year's support can set aside property for a surviving spouse or minor child and must be filed within 24 months under O.C.G.A. § 53-3-5. Henry County publishes its own January 1, 2025 year's support packet. | Sunset identifies which accounts and property may bypass probate, organizes the documents, and helps compare ordinary administration with a year's support filing before the family goes to 99 Sims Street. |
| Out-of-state adult child with a small estate | If the parent lived in Henry County, the filing belongs in Henry County even if the child lives elsewhere. Estate filings are paper filings by mail or in person. The oath cannot be notarized, so the child either comes to McDonough or uses GPCSF 53 so a court outside Georgia can administer the oath under O.C.G.A. § 53-6-24. If heirs are signing acknowledgments, each acknowledgment should be on a separate page for the administration petition. | Sunset helps find assets before filing, prepares a mailing-ready packet, flags the oath issue, and can connect the child with a Georgia probate attorney if travel, heirs or real estate make the filing harder. |
| Parent settling predeceased child's estate, home must be sold | A sale usually requires authority from the Henry County Probate Court. The personal representative may seek expanded powers under O.C.G.A. § 53-7-1(b), which requires unanimous heir consent and publication, or may file the Henry County petition for leave to sell real property. If there is no will, all heirs agree and the debts can be handled, an order that no administration is necessary under O.C.G.A. § 53-2-40 may vest title in the heirs, with a certified copy recorded in the deed books where the land is located. | Sunset organizes heirs, assets, debts and real estate information, then helps decide whether the packet should focus on powers, leave to sell, or the no administration is necessary route under O.C.G.A. § 53-2-40. |
Self-help resources
| Resource | How it helps |
|---|---|
| Henry County Probate Court, https://www.henrycountyprobatecourt.com/ | The filing office for Henry County estates. Use it for the court's address, phone number, hours, estate pages, forms, fee page and direct questions. |
| Henry County Probate Court estate forms and petitions, https://www.henrycountyprobatecourt.com/Estates/Estate-Forms-Petitions | The court's own January 1, 2025 editions of the Georgia estate petitions, including local instructions and the publication-fee page. |
| Henry County Probate Court fee page, https://www.henrycountyprobatecourt.com/Estates/Fees | The court page to check before filing for the current Henry County total and payment details. |
| Council of Probate Court Judges of Georgia standard forms, https://gaprobate.gov/standard-forms/ | Current statewide GPCSF forms, including GPCSF 1, General Instructions, and GPCSF 53 for an out-of-state oath. |
| Supreme Court of Georgia standard forms index, https://www.gasupreme.us/probate-court-standard-forms/ | The Supreme Court of Georgia's index for the statewide probate standard forms. |
| Council of Probate Court Judges of Georgia, https://gaprobate.gov/ | Statewide probate court information, including the Uniform Probate Court Rules, the probate courts directory and the Article 6 roster that includes Henry County. |
| Henry County estate case lookup, https://www.georgiaprobaterecords.com/Estates/SearchEstates.aspx | A case lookup portal used by participating Georgia probate courts. Henry County participates for newer estate cases, but older matters may require calling the court. |
| Georgia Legal Services Program, https://www.glsp.org/need-help/ | Free civil legal help for people who qualify in Georgia counties outside the Atlanta Legal Aid service area. Apply online or call statewide intake at 1-833-457-7529, and ask whether it can accept an estate matter. |
| GeorgiaLegalAid.org, https://www.georgialegalaid.org/ | Plain-language statewide information about wills, estates and what to do after a death. |
| Georgia Courts self-help resources, https://georgiacourts.gov/a2j/self-help-resources/navigating-the-courts/ | General orientation from Georgia's court system for people navigating court without a lawyer. |
When to hire an attorney
How Sunset helps
Find the accounts and assets. Sunset helps families identify bank, investment, retirement, insurance and other accounts before they choose a probate path. A complete asset picture makes estate settlement easier to plan and helps avoid filing the wrong Henry County petition.
Generate the probate packet. Sunset turns the family's information into an organized probate packet using the Georgia form path that fits the situation, then helps prepare the documents and next steps for filing with the Henry County Probate Court.
Find a local probate attorney. When the estate needs legal judgment, Sunset connects families with a vetted Georgia probate attorney who handles Henry County matters, including contested cases, real estate sales and Article 6 issues.
Sunset is free for families. Sunset is paid by partners, not by grieving families. Families can use Sunset to move from asset discovery to probate preparation to attorney matching without paying Sunset for estate settlement support.
Frequently asked questions
Where do I file for probate in Henry County?
File with the Henry County Probate Court at 99 Sims Street, McDonough, GA 30253. Georgia venue for administration is the county where the decedent lived at death, or a Georgia county where a nonresident owned property or had a cause of action (O.C.G.A. § 15-9-31).
Can I file a Henry County estate online?
No. Henry County estate filings are paper filings, in person or by mail. The original will is always delivered on paper to the Probate Court, and Henry County's Probate Court is not listed for electronic filing even though other Henry County courts are.
What are the Henry County Probate Court's hours?
For probate and guardianship matters, the counter is open Monday through Friday, 8:00 a.m. to 11:45 a.m. and 1:00 p.m. to 4:15 p.m. Call (770) 288-7600 before traveling, especially if you are trying to file near the midday closure or late afternoon.
How much does it cost to open an estate in Henry County?
The statutory base for a decedent's-estate petition is $175.00 under O.C.G.A. § 15-9-60, effective January 1, 2025, plus statutory add-ons including the $15.00 indigent defense fee under O.C.G.A. § 15-21A-6, effective January 1, 2025. Publication is separate, and Henry County's estate packets revised January 1, 2025 show a $60.00 publication charge. Confirm the current total with the Probate Court before filing.
Does Henry County have its own probate forms?
Yes. Georgia's statewide GPCSF forms apply in every county, and Henry County publishes its own editions of the estate petitions, revised January 1, 2025. Use the Henry County packets when available because they include the court's instructions, address block and publication information.
How do I look up a Henry County estate case?
Use georgiaprobaterecords.com, a case lookup portal used by participating Georgia probate courts. Henry County appears in that estate search, and the Henry County Probate Court says the portal is for newer estate cases. If you do not find the case, call the court at (770) 288-7600.
Do I have to travel to McDonough if I live out of state?
Not always. You can mail paper filings, but the oath cannot be notarized. It must be administered by a probate judge or clerk under O.C.G.A. § 53-6-24, and Henry County's packets point out that GPCSF 53 can be used when the oath is administered by a court outside Georgia.
Where is the notice to creditors published in Henry County?
A personal representative publishes notice within 60 days of qualifying, once a week for four weeks, in the county's legal organ; creditors have three months from the last publication to notify the representative under O.C.G.A. § 53-7-41. Henry County's estate packets revised January 1, 2025 say notices appear in print on Fridays for four consecutive weeks and list a $60.00 publication charge.
What happens if a Henry County probate matter is contested?
Henry County is 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.
Do I need a lawyer to file in Henry County Probate Court?
The court says you do not need an attorney to file completed documents if you can prepare them yourself. It also says staff cannot give legal advice or help prepare petitions, so a lawyer is often helpful when heirs disagree, real estate must be sold, or the petition choice is unclear.
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.