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Schley County, GA Probate Information
Quick facts
| Item | Schley County details |
|---|---|
| Court | Schley County Probate Court, published locally as the Probate & Magistrate Court |
| Courthouse address | 47 North Pecan Street, Ellaville, GA 31806 |
| Mailing address | P.O. Box 385, Ellaville, GA 31806 |
| Phone | 229-937-2905 |
| Fax | 229-937-5010 |
| [email protected] | |
| Hours | Monday through Friday, 8:00 a.m. to 12:00 p.m. and 1:00 p.m. to 5:00 p.m.; closed for lunch from 12:00 p.m. to 1:00 p.m. |
| Filing fee | $175.00 base for a decedent's-estate petition, effective January 1, 2025, under O.C.G.A. § 15-9-60, plus statutory add-ons, service and publication. The $15.00 indigent defense fee, effective January 1, 2025, applies to listed decedent-estate petitions under O.C.G.A. § 15-21A-6. Confirm the current total with the court before filing. |
| Local forms | No Schley County probate cover sheet, checklist or local packet is listed. Use the statewide GPCSF forms. |
| E-filing | No probate e-filing portal is listed for Schley County. File on paper in Ellaville or by mail. The original will and any codicil must be delivered on paper. |
| Case search | Schley County appears in georgiaprobaterecords.com, a records portal used by participating Georgia probate courts. If a case is not found there, call the Probate Court. |
| Remote appearance | Call 229-937-2905 before the hearing to ask whether the court will allow you to appear without traveling. |
| Website | Schley County Courts |
Before you begin — know the assets and liabilities
Before you choose a Schley County probate form, make a working list of the accounts, real estate, vehicles, debts, heirs and beneficiaries. The right filing depends on whether there is a will, whether land must be sold, whether heirs agree and whether any creditor issue could require notice or a full administration.
Sunset's estate settlement platform searches more than 2,300 financial institutions to help families find accounts and organize the asset picture before filing with the Schley County Probate Court. That preparation can reduce repeat trips to the Ellaville office and make the GPCSF forms easier to complete.
Which court handles jurisdiction
The Schley County Probate Court serves the entire county from one office in Ellaville: 47 North Pecan Street, Ellaville, GA 31806. No branch or satellite probate location is listed. The court serves Ellaville and the unincorporated communities and farmland across Schley County.
Georgia has a probate court in every county, and a Schley County estate is filed with the Schley County Probate Court itself. Administration may be granted only for someone who lived in Schley County at death, or for a nonresident of Georgia with property or a cause of action in the county (O.C.G.A. § 15-9-31). A petition for an order that no administration is necessary is filed in the decedent's county of 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 Schley 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 proceeding is de novo, with the jury right preserved (O.C.G.A. § 5-3-5(d)).
The jurisdiction process
- Collect the will, death certificate, asset list, debt list, heirs' names and mailing addresses before filing. Whoever holds the will must file it with the Probate Court with reasonable promptness (O.C.G.A. § 53-5-5).
- Choose the correct statewide GPCSF petition. With a will, Georgia uses common form or solemn form probate (O.C.G.A. § 53-5-15); common form is not conclusive for four years from the order admitting the will (O.C.G.A. § 53-5-19). With no will, use a petition for letters of administration under O.C.G.A. § 53-6-20.
- File on paper with the Probate & Magistrate Court at 47 North Pecan Street, Ellaville, or mail the packet to P.O. Box 385, Ellaville, GA 31806. Schley County does not list probate e-filing, and the original will and any codicil must be delivered on paper.
- Pay the filing cost 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, service and publication. The $15.00 indigent defense fee, effective January 1, 2025, applies to listed petitions under O.C.G.A. § 15-21A-6. Confirm the current total with the court.
- Handle citation, service and publication. The court issues the citation, and the petitioner supplies what is needed for service. Solemn form probate requires notice to heirs, with service at least 30 days before probate unless waived (O.C.G.A. § 53-5-22). Published citations in Schley County run in The Stewart Webster Journal Patriot-Citizen.
- Take the oath before the probate judge or clerk. The oath cannot be taken before a notary. If you live outside Georgia, ask about using GPCSF 53, Commission to Administer Oath (O.C.G.A. § 53-6-24).
- Address bond if required. 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 issue is resolved.
- Publish the creditor notice within 60 days after qualification, once a week for four weeks, in Schley County's official newspaper. Creditors who do not respond within three months after the last publication are affected under O.C.G.A. § 53-7-41.
- Administer and close the estate. File and mail the inventory within six months unless the duty is waived (O.C.G.A. § 53-7-30 and § 53-7-32), pay valid claims, distribute property, file any required fiduciary compliance report, and petition for discharge with GPCSF 33.
Forms and documents
Probate forms in Schley County
Schley County Probate Court does not list any county-specific probate forms, cover sheet, checklist or local estate packet. The court uses Georgia's statewide GPCSF forms, which are accepted in Georgia probate courts under Uniform Probate Court Rule 5.9.
| Form | Use |
|---|---|
| GPCSF 1 | General instructions, including the oath rule for a personal representative |
| 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 |
| GPCSF 5 | Petition to probate a will in solemn form under O.C.G.A. § 53-5-15 |
| GPCSF 9 | Petition for an order declaring that no administration is 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 § 53-3-5 |
| GPCSF 13 | Petition for leave to sell property |
| GPCSF 32 | Petition by personal representative for waiver of bond and/or grant of certain powers |
| GPCSF 33 | Petition for discharge of personal representative |
| GPCSF 53 | Commission to administer oath for a petitioner who cannot take the oath at a Georgia probate court |
Recent updates
Page last reviewed: August 2026.
Scenarios
| Situation | Likely Schley County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Jointly held or beneficiary-designated property may pass outside the estate. If property was in the decedent's sole name, the spouse files on paper with the Schley County Probate Court. Year's support can set aside property, including a family home, for a surviving spouse or minor children under O.C.G.A. § 53-3-1, and the petition must be filed within 24 months under O.C.G.A. § 53-3-5. | Sunset helps identify which assets may pass outside probate, organizes the filing information and flags when a Georgia probate attorney should review title or year's support issues under O.C.G.A. § 53-3. |
| Out-of-state adult child with a small estate | Schley County is a paper-filing court, so the petition and any original will go to Ellaville by mail or in person. The office closes for lunch, so call 229-937-2905 before traveling. The oath cannot be notarized; use GPCSF 53 if the oath must be taken outside Georgia. For an intestate bank deposit only, Georgia's 2019-amended $15,000 deposit payment rule may let a financial institution pay the proper family member without a court filing (O.C.G.A. § 7-1-239). | Sunset helps find accounts, sort probate and non-probate assets, and prepare a practical estate settlement checklist for mailing or travel. |
| Parent settling predeceased child's estate, home must be sold | Selling a house usually requires authority from the Probate Court, such as expanded powers under O.C.G.A. § 53-7-1(b) with GPCSF 32 or a petition for leave to sell with GPCSF 13. If there is no will, all heirs agree and debts are resolved, a petition for an order that no administration is necessary can vest title under O.C.G.A. § 53-2-40, followed by deed-recording steps in each Georgia county where land is located. | Sunset helps gather property, mortgage, heir and creditor information, then connects the family with a Georgia probate attorney when sale authority or title transfer needs legal review. |
Self-help resources
| Resource | How it helps |
|---|---|
| Schley County Probate & Magistrate Court | The filing office for Schley County estates, with the courthouse address, mailing address, phone number, hours and links used by the court. |
| Georgia Probate Court Standard Forms | Current statewide GPCSF forms used for decedent's estates in all Georgia probate courts. |
| Council of Probate Court Judges of Georgia | Statewide probate court information, Uniform Probate Court Rules and probate court directory. |
| Georgia probate records portal used by participating courts | Schley County appears in the estate search for this participating-court portal. If you do not find the case, call the Probate Court. |
| Georgia Legal Services Program | Free civil legal help for people who qualify in Georgia counties outside metro Atlanta, including Schley County. Apply online or call 1-833-457-7529. |
| GeorgiaLegalAid.org | Plain-language legal information for Georgia families, including wills, estates and steps after a death. |
| Georgia Courts self-help resources | Judicial Council and Administrative Office of the Courts information for people navigating Georgia courts without a lawyer. |
When to hire an attorney
A Georgia probate attorney is most useful in Schley County when the estate includes land, timber or a house to sell, when heirs disagree, when a caveat is filed, or when someone is considering a petition for review after a Probate Court decision. Nothing on the court's page says a lawyer is required for every estate, but counsel can keep notice, bond, powers and title issues from slowing the case. Sunset connects you to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 financial institutions so families can build a clearer estate settlement picture before filing in Schley County.
Generate the probate packet. Sunset helps turn the family information, asset list and probate path into organized Georgia GPCSF forms and filing instructions for the Schley County Probate Court.
Find a local probate attorney. When the estate includes real property, creditor issues, a caveat or a possible petition for review, Sunset can connect the family with a Georgia probate attorney who handles Schley County matters.
Sunset is free for families. Families can use Sunset's estate settlement tools without paying Sunset. If attorney help is needed, the attorney explains any fee arrangement directly.
Frequently asked questions
Where do I file for probate in Schley County?
File with the Schley County Probate Court at the Probate & Magistrate Court office, 47 North Pecan Street, Ellaville, GA 31806. Georgia venue for administration is the county where the person lived at death, or for a nonresident, a Georgia county where the person owned property or had a cause of action (O.C.G.A. § 15-9-31).
Can I file probate online in Schley County?
No probate e-filing portal is listed for Schley County. File paper documents at the Ellaville counter or mail them to P.O. Box 385, Ellaville, GA 31806. The original will and any codicil must be delivered to the Probate Court on paper.
What does it cost to open an estate in Schley County?
The statutory base filing 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, service and publication are separate, including the $15.00 indigent defense fee, effective January 1, 2025, under O.C.G.A. § 15-21A-6 for listed petitions. Call 229-937-2905 to confirm the current total before filing.
Does Schley County Probate Court have its own forms?
No county-specific probate packet, checklist or cover sheet is listed. Use the statewide GPCSF forms, including GPCSF 3 for letters of administration, GPCSF 4 for common form probate under O.C.G.A. § 53-5, GPCSF 5 for solemn form probate under O.C.G.A. § 53-5, GPCSF 9 for no administration is necessary under O.C.G.A. § 53-2-40, and GPCSF 10 for year's support under O.C.G.A. § 53-3.
How do I look up a Schley County estate case?
Schley County appears in georgiaprobaterecords.com, a portal used by participating Georgia probate courts. The portal does not state its coverage period or guarantee that every estate appears there, so call the Probate Court if you cannot find the case.
What are the Schley County Probate Court hours?
The Probate & Magistrate Court office is open Monday through Friday, 8:00 a.m. to 12:00 p.m. and 1:00 p.m. to 5:00 p.m. The office is closed for lunch from 12:00 p.m. to 1:00 p.m.
Do I have to travel to Ellaville if I live out of state?
You may be able to mail the petition, but the oath cannot be taken before a notary. A personal representative must take the oath before a probate judge or clerk, and an out-of-state petitioner can use GPCSF 53, Commission to Administer Oath, under O.C.G.A. § 53-6-24.
Where is the notice to creditors published in Schley County?
After a personal representative qualifies, the notice to creditors must be published within 60 days, once a week for four weeks, in the county's official newspaper. In Schley County, that paper is The Stewart Webster Journal Patriot-Citizen. Creditors who miss the three months after the last publication are affected under O.C.G.A. § 53-7-41.
What if I disagree with a Schley County Probate Court decision?
A party seeking review 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)).
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.