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McIntosh County, GA Probate Information
Quick facts
| Item | McIntosh County details |
|---|---|
| Court | McIntosh County Probate Court |
| Courthouse | McIntosh County Courthouse, 310 Northway, Darien, GA 31305 |
| Mailing address | PO Drawer 459, Darien, GA 31305 |
| Phone | (912) 437-4888 |
| Fax | (912) 437-6635 |
| Hours | Monday through Friday, 8:00 a.m. to 4:30 p.m. Call before you go to confirm current counter hours. |
| Filing fee | Georgia's statutory base fee for a decedent's-estate petition is $175.00, effective January 1, 2025, under O.C.G.A. § 15-9-60, plus statutory add-ons, including the indigent defense fee under O.C.G.A. § 15-21A-6, and separate service and publication costs. Confirm the current total with the court before filing. |
| Forms | Use the statewide Georgia Probate Court Standard Forms, the GPCSF series. McIntosh County does not publish a separate probate packet. |
| E-filing | No estate e-filing system is published for McIntosh County. File on paper in Darien or by mail. The original will and any codicil must be filed on paper under Uniform Probate Court Rule 5.3.12(B). |
| Case lookup | McIntosh County is included on georgiaprobaterecords.com, a case-search portal used by participating Georgia probate courts. If the estate does not appear there, call the Probate Court. |
| Remote appearance | No remote appearance policy is published. Ask the court at (912) 437-4888 whether a hearing can be handled without appearing in person. |
| Website | https://www.mcintoshcountyga.com/ |
Before you begin — know the assets and liabilities
Before filing anything in Darien, make a first inventory of what exists: bank accounts, vehicles, land, debts, funeral expenses, insurance, retirement accounts and property that may pass outside probate. That first asset map drives whether the estate needs letters testamentary, letters of administration, year's support, an order that no administration is necessary, or no court case at all.
Sunset's estate settlement workflow includes asset discovery across more than 2,300 financial institutions, which helps you avoid filing the wrong petition or missing an account that changes the McIntosh County filing strategy. Bring the asset list, the original will if there is one, death certificate, heir information and payment method when you contact the Probate Court.
Which court handles jurisdiction
The McIntosh County Probate Court in Darien serves the whole county, including Darien and the unincorporated coastal communities across the rest of McIntosh County. Georgia has one Probate Court in every county, so a McIntosh County estate is filed with the McIntosh County Probate Court, not with a regional probate office or a county clerk.
For an administration, Georgia venue is in the county where the decedent lived at death, or, for a nonresident of Georgia, in a Georgia county where the decedent owned property or had a cause of action (O.C.G.A. § 15-9-31). For an order that no administration is necessary, the petition is filed in the probate court of the decedent's domicile, or where Georgia real property is located if the decedent was not domiciled in Georgia (O.C.G.A. § 53-2-40).
A party seeking review of a McIntosh County Probate Court decision files a petition for review in the superior court within 30 days of the judgment (O.C.G.A. § 5-3-7(b)). The superior court proceeding is de novo, with the jury right preserved (O.C.G.A. § 5-3-5(d)).
The jurisdiction process
- Locate the original will, if there is one. Whoever has the will must file it with the McIntosh County Probate Court with reasonable promptness (O.C.G.A. § 53-5-5).
- Choose the correct statewide GPCSF petition. With a will, Georgia probate may be in common form or solemn form (O.C.G.A. § 53-5-15); common form becomes conclusive four years from the date of the order admitting the will under O.C.G.A. § 53-5-19. With no will, use the petition for letters of administration under O.C.G.A. § 53-6-20.
- File on paper with the McIntosh County Probate Court in Darien or mail the packet to PO Drawer 459, Darien, GA 31305. No estate e-filing system is published for McIntosh County, and the original will must be filed on paper under Uniform Probate Court Rule 5.3.12(B).
- Pay the filing fee when you file. The statutory base for a decedent's-estate petition is $175.00, effective January 1, 2025, under O.C.G.A. § 15-9-60, plus statutory add-ons, including the indigent defense fee under O.C.G.A. § 15-21A-6, and separate service and publication costs.
- Handle citation, service, acknowledgment or publication as the court directs. Published notices for McIntosh County run in The Darien News, the county's legal organ.
- Take the fiduciary oath before the probate judge or a clerk of a probate court, not before a notary. If you are outside Georgia, use GPCSF 53 to take the oath before a court of record where you live.
- Address bond if the case is intestate. An administrator of an intestate estate must give bond unless all heirs consent to waive it (O.C.G.A. § 53-6-50).
- Receive letters testamentary or letters of administration after the court approves the petition, the oath is complete and any required bond is in place. Certified copies of letters cost $10.00, effective January 1, 2025, under O.C.G.A. § 15-9-60.
- Publish the notice to creditors within 60 days of qualification, once a week for four weeks, in The Darien News. Creditors who do not notify the personal representative within three months after the last publication lose equal participation as provided in O.C.G.A. § 53-7-41.
- Administer and close the estate. File and mail the inventory within six months of qualification unless waived (O.C.G.A. § 53-7-30; O.C.G.A. § 53-7-32), pay valid claims, distribute property, file required fiduciary compliance reports, and petition for discharge on GPCSF 33.
Forms and documents
Probate forms in McIntosh County
Georgia uses one statewide set of numbered probate forms, the GPCSF series, adopted by the Council of Probate Court Judges of Georgia and approved by the Supreme Court of Georgia. 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 requirements in Uniform Probate Court Rule 5.9.
| Form source | How to use it in McIntosh County |
|---|---|
| Georgia Probate Court Standard Forms | Use the current GPCSF forms for petitions, oaths, bond, leave to sell, discharge and related estate filings. |
| McIntosh County local forms | The county does not publish a separate probate cover sheet, checklist or local packet. Call the Probate Court before mailing if you want the clerk to check whether any local cover sheet is requested. |
| Original will | Do not send only a copy. Whoever has the original will must file it with the McIntosh County Probate Court with reasonable promptness under O.C.G.A. § 53-5-5. |
Recent updates
Page last reviewed: August 2026.
Scenarios
| Situation | Likely McIntosh County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | First check whether the home passes outside probate by survivorship or beneficiary designation. If property is in the decedent's sole name, the spouse may need a paper filing in the McIntosh County Probate Court. Year's support can set aside property, including a home, for a surviving spouse or minor children under O.C.G.A. § 53-3, and it must be filed within 24 months under O.C.G.A. § 53-3-5. | Sunset helps identify accounts and title issues before filing, so the estate settlement plan does not include property that already passes outside probate. |
| Out-of-state adult child with a small estate | Mailing may handle much of the filing, but the oath cannot be notarized. Use GPCSF 53 to take the oath before a court of record where you live, or travel to Darien. If the only asset is a bank deposit, ask the financial institution about direct payment under O.C.G.A. § 7-1-239 before opening a court case. | Sunset organizes the asset list, heirs, forms and mailing steps, and flags the oath issue early in the estate settlement process. |
| Parent settling a predeceased child's estate, home must be sold | A sale usually requires authority from the Probate Court. A personal representative can seek expanded powers under O.C.G.A. § 53-7-1(b) using GPCSF 32, or file for leave to sell on GPCSF 13. If there is no will, all heirs agree, and debts are resolved, an order that no administration is necessary may vest title in the heirs under O.C.G.A. § 53-2-40. | Sunset helps gather property, debt and heir information, then can connect the family to a Georgia probate attorney if land must be sold or divided. |
Self-help resources
| Resource | How it helps |
|---|---|
| McIntosh County Probate Court | The filing office for McIntosh County estates. Call (912) 437-4888 before traveling or mailing a petition. |
| georgiaprobaterecords.com | A case-search portal used by participating Georgia probate courts. McIntosh County is included, but call the Probate Court if the estate does not appear. |
| Georgia Probate Court Standard Forms | The Council of Probate Court Judges of Georgia provides the current GPCSF forms used in all Georgia probate courts. |
| Council of Probate Court Judges of Georgia | The statewide probate court site includes the Uniform Probate Court Rules, standard forms and a directory of probate courts. |
| Georgia Legal Services Program | Free civil legal help for eligible people outside the five-county Atlanta Legal Aid service area, including McIntosh County. Apply online or call 1-833-457-7529. |
When to hire an attorney
You can start many uncontested Georgia probate filings without a lawyer, but counsel makes sense in McIntosh County when the estate includes coastal land, marsh or timber acreage that must be sold or divided, heirs disagree, a caveat is filed, or someone is considering a petition for review in the superior court under O.C.G.A. § 5-3-7(b). Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset helps families begin estate settlement by searching across more than 2,300 financial institutions, so you can identify accounts, balances and possible estate assets before choosing the right Georgia probate filing.
Generate the probate packet. Sunset turns the facts you enter into an organized probate packet using the Georgia GPCSF structure, with reminders about the original will, service, publication and the oath requirement.
Find a local probate attorney. If the estate includes McIntosh County land, a house sale, a caveat, unclear heirs or a petition for review, Sunset can connect you with a vetted Georgia probate attorney.
Sunset is free for families. Sunset does not charge families to organize estate settlement, find assets, prepare next steps and understand which probate path may fit the estate.
Frequently asked questions
Where do I file for probate in McIntosh County?
File with the McIntosh County Probate Court in Darien. Georgia venue is based on the county where the decedent lived at death, or, for a nonresident of Georgia, a county where the decedent owned property or had a cause of action (O.C.G.A. § 15-9-31).
Can I file a McIntosh County probate case online?
No estate e-filing system is published for McIntosh County. File on paper at the Probate Court or by mail to PO Drawer 459, Darien, GA 31305. The original will and any codicil must be filed on paper under Uniform Probate Court Rule 5.3.12(B).
What does it cost to open an estate in McIntosh County?
The statutory base fee for a decedent's-estate petition is $175.00, effective January 1, 2025, under O.C.G.A. § 15-9-60. Statutory add-ons, including the indigent defense fee under O.C.G.A. § 15-21A-6, and separate service and publication costs can increase the amount due. Call (912) 437-4888 before filing.
Does McIntosh County Probate Court have its own forms?
No separate McIntosh County probate packet is published. Use the statewide GPCSF forms, including the forms for letters of administration, probate in common form or solemn form under O.C.G.A. § 53-5, year's support under O.C.G.A. § 53-3, and an order that no administration is necessary under O.C.G.A. § 53-2-40.
How do I look up a McIntosh County estate case?
Use georgiaprobaterecords.com, a case-search portal used by participating Georgia probate courts. McIntosh County is included in that portal. If you do not find the estate, call the Probate Court directly.
What are the McIntosh County Probate Court hours?
The office hours to use for planning are Monday through Friday, 8:00 a.m. to 4:30 p.m. Call ahead before traveling to Darien, especially if you need to file an original will, take an oath or pay a filing fee.
Do I have to travel to Darien if I live out of state?
Often, no. You can mail paper filings, but the oath cannot be administered by a notary. An out-of-state petitioner can use GPCSF 53 to take the oath before a court of record where they live, or can travel to Darien to take the oath before the probate judge or clerk.
What happens if someone disagrees with a McIntosh County Probate Court decision?
A party seeking review files a petition for review in the superior court within 30 days of the judgment under O.C.G.A. § 5-3-7(b). The proceeding is de novo, with the jury right preserved under O.C.G.A. § 5-3-5(d).
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.