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Stewart County, GA Probate Information
Quick facts
| Topic | Stewart County detail |
|---|---|
| Court | The Stewart County Probate Court |
| Courthouse address | 1764 Broad Street, Lumpkin, GA 31815 |
| Mailing address | P.O. Box 157, Lumpkin, GA 31815. A different box appears in older listings, so call before mailing anything time-sensitive. |
| Phone | Primary number on the county Probate Court page: (229) 838-6769. Other public listings show (229) 838-4394 and (229) 838-4859, so call ahead if the first number does not connect. |
| Fax and email | No current fax or email is published by the county Probate Court page. |
| Hours | Counter hours are not published. Call ahead before traveling to Lumpkin. |
| Filing fee | Stewart County does not publish a county fee schedule. Georgia sets the base fee for a decedent's-estate petition at $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, service, and publication. Confirm the current total with the court before filing. |
| Local forms | No Stewart County probate-specific forms, cover sheet, checklist, or local packet are published. Use the statewide GPCSF forms. |
| E-filing | No probate e-filing is published for Stewart County. File on paper in person or by mail. The original will and any codicil must be delivered on paper. |
| Case lookup | No online Stewart County estate case search is published. Ask the Probate Court directly about the file. |
| Remote appearance | No remote-appearance policy is published. Ask the court before any hearing. |
| Website | https://stewartcountyga.gov/?page_%69d=400 |
Before you begin — know the assets and liabilities
Before you choose a form, make a list of the decedent's accounts, land, vehicles, debts, will, beneficiaries, and heirs. In Stewart County, this matters because the court does not publish local probate packets or hours, and a paper filing can be delayed if the petition, service copies, filing cost, or original will is missing.
Sunset's estate settlement workflow includes asset discovery across more than 2,300 financial institutions, which helps you decide whether Stewart County probate is needed, whether a no administration is necessary petition under O.C.G.A. § 53-2-40 fits, or whether a personal representative needs letters to collect and sell assets.
Which court handles jurisdiction
The Stewart County Probate Court at 1764 Broad Street in Lumpkin serves the entire county from one office. It handles estate filings for Lumpkin and the unincorporated communities and farmland across Stewart County.
Georgia has one probate court in each county, and a Stewart County estate is filed with the Stewart County Probate Court, not with a regional office. Administration may be granted only for the estate of a person who lived in Stewart County at death, or for a nonresident of Georgia who had property or a cause of action in Stewart County (O.C.G.A. § 15-9-31). A petition for an order that no administration is necessary is filed where the decedent was domiciled, 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 Stewart 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)). That proceeding is de novo, with the jury right preserved (O.C.G.A. § 5-3-5(d)).
The jurisdiction process
- File the original will, if there is one, with the Stewart County Probate Court with reasonable promptness (O.C.G.A. § 53-5-5). There is no numeric Georgia deadline. Stewart County is a paper filing court, so send or deliver the original will to the Probate Court in Lumpkin.
- Choose the statewide GPCSF petition. With a will, use the 53-5 path for common form or solemn form probate (O.C.G.A. § 53-5-15). Common form is not conclusive for four years from the order under O.C.G.A. § 53-5-19; solemn form uses notice to heirs. With no will, use GPCSF 3 for letters of administration under O.C.G.A. § 53-6-20.
- File on paper at 1764 Broad Street, Lumpkin, GA 31815, or mail the packet to P.O. Box 157, Lumpkin, GA 31815. Call ahead because Stewart County does not publish counter hours and more than one phone number appears for the office.
- Pay the filing cost when filing. Georgia sets the base fee for a decedent's-estate petition at $175.00 under O.C.G.A. § 15-9-60, effective January 1, 2025, plus statutory add-ons, service, and publication. Stewart County does not publish a county fee schedule, so confirm the current total with the court.
- Complete citation and service. In solemn form probate, heirs receive notice under the 53-5 procedure, and personal service is at least 30 days before probate unless waived. Published citations and creditor notices in Stewart County run in The Stewart Webster Journal Patriot-Citizen, with the current publication charge confirmed when the citation is issued.
- Take the oath before the probate judge or clerk. The oath cannot be notarized. If the petitioner is outside Georgia, use GPCSF 53, Commission to Administer Oath.
- Address bond and powers. An administrator of an intestate estate gives bond unless all heirs consent to waive it (O.C.G.A. § 53-6-50). If expanded powers are needed to sell or manage property, the personal representative may need GPCSF 32 under O.C.G.A. § 53-7-1(b), or GPCSF 13 for leave to sell.
- Receive letters testamentary or letters of administration after the court admits the will or appoints the administrator, the oath is complete, and any bond requirement is satisfied.
- Publish the notice to creditors. A personal representative must publish within 60 days of qualification, once a week for four weeks, in the official newspaper of the county. Creditors who miss the three months after the last publication lose equal participation under 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 and § 53-7-32), pay valid claims, distribute property, complete required fiduciary compliance filings, and petition for discharge on GPCSF 33.
Forms and documents
Probate forms in Stewart County
Stewart County uses Georgia's statewide probate forms, the GPCSF series. A document prepared on the statewide 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 under Uniform Probate Court Rule 5.9.
| Form | Use in Stewart County |
|---|---|
| GPCSF 1 | General Instructions, including the rule that the oath is taken before a probate judge or clerk, not a notary. |
| GPCSF 3 | Petition for Letters of Administration when there is no will. |
| GPCSF 4 | Petition to Probate Will in Common Form, a 53-5 will path that is not conclusive for four years under O.C.G.A. § 53-5-19. |
| GPCSF 5 | Petition to Probate Will in Solemn Form, a 53-5 will path that uses notice to heirs. |
| 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. |
| GPCSF 13 | Petition of Personal Representative 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 an out-of-state petitioner. |
Stewart County does not publish its own probate cover sheet, checklist, or local packet. Download current GPCSF forms from the Council of Probate Court Judges of Georgia at https://gaprobate.gov/standard-forms/.
Recent updates
Scenarios
| Situation | Local path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Jointly held or beneficiary-designated property may pass outside the estate. If Stewart County property was in the decedent's sole name, file on paper with the Probate Court. Year's support under O.C.G.A. § 53-3 can set aside property, including a family home, and a petition is filed within 24 months of death under O.C.G.A. § 53-3-5. | Sunset helps identify which assets are probate assets, organize deed and account information, and prepare the estate settlement packet for Stewart County filing. |
| Out-of-state adult child with a small estate | Stewart County has no published probate e-filing, so mail or deliver the petition and any original will to Lumpkin. The oath cannot be notarized, so use GPCSF 53 if you cannot appear before a Georgia probate judge or clerk. If the only asset is a bank deposit, Georgia may allow a financial institution to pay $15,000 or less after the 2019 amendment to O.C.G.A. § 7-1-239, without a court filing, if the statutory conditions fit. | Sunset helps decide whether court probate is needed, prepares the right GPCSF forms, and flags the oath step before travel plans are made. |
| Parent settling a predeceased child's estate when a home must be sold | Selling a house usually requires authority from the Probate Court, either expanded powers under O.C.G.A. § 53-7-1(b) on GPCSF 32 or leave to sell on GPCSF 13. If there is no will, all heirs agree, and the debt and creditor conditions fit, an order that no administration is necessary under O.C.G.A. § 53-2-40 can vest title and is recorded in the land records in every Georgia county where the decedent owned land. | Sunset helps gather heir, creditor, and property information, generate the Stewart County forms, and connect the family with a Georgia probate attorney if a sale or title issue needs legal help. |
Self-help resources
| Resource | How it helps |
|---|---|
| Stewart County Probate Court, https://stewartcountyga.gov/?page_%69d=400 | The local filing office for Stewart County estates. Use it for the court address and call ahead for hours, the current phone line, and payment instructions. |
| Georgia Probate Court Standard Forms, https://gaprobate.gov/standard-forms/ | Current statewide GPCSF probate forms used in all Georgia probate courts, including Stewart County. |
| Council of Probate Court Judges of Georgia, https://gaprobate.gov/ | Statewide probate court information, including Uniform Probate Court Rules and the directory of Georgia probate courts. |
| Georgia Legal Services Program, https://www.glsp.org/need-help/ | Free civil legal help for people who qualify in Georgia counties outside metro Atlanta, including Stewart County. Apply online or call 1-833-457-7529. |
| GeorgiaLegalAid.org, https://www.georgialegalaid.org/ | Plain-language Georgia legal information about wills, estates, and practical steps after a death. |
| Georgia Courts self-help resources, https://georgiacourts.gov/a2j/self-help-resources/navigating-the-courts/ | Judicial Council and Administrative Office of the Courts guidance for people navigating Georgia courts without a lawyer. |
When to hire an attorney
How Sunset helps
Find the accounts and assets. Sunset helps families organize estate settlement by identifying accounts, insurance, real property clues, debts, and documents before a probate filing begins.
Generate the probate packet. Sunset uses the family's answers to help prepare the right Georgia probate packet, including the statewide GPCSF forms used in Stewart County.
Find a local probate attorney. When the estate has land, a sale, a caveat, creditor pressure, or a petition for review issue, Sunset can connect the family with a vetted Georgia probate attorney who handles Stewart County matters.
Sunset is free for families. Sunset's estate settlement tools are free for families, including asset discovery, probate packet support, and guidance on the next filing step.
Frequently asked questions
Where do I file for probate in Stewart County?
File with the Stewart County Probate Court at 1764 Broad Street in Lumpkin, or mail the petition to P.O. Box 157, Lumpkin, GA 31815. Georgia venue for administration is the county where the decedent lived at death, or a Georgia county where a nonresident decedent had property or a cause of action (O.C.G.A. § 15-9-31).
Can I file probate online in Stewart County?
No probate e-filing is published for Stewart County. File on paper in person or by mail. A self-represented filer is not required to e-file in Georgia probate, and the original will and any codicil must be delivered on paper under Uniform Probate Court Rule 5.3.12(B).
How much does it cost to open an estate in Stewart County?
Stewart County does not publish a county fee schedule. Georgia sets the base fee for a decedent's-estate petition at $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, and separate service and publication costs. Confirm the current total before filing.
Does Stewart County Probate Court have its own forms?
No. Stewart County publishes no probate-specific forms, cover sheet, checklist, or local packet. Use the statewide GPCSF forms from the Council of Probate Court Judges of Georgia.
How do I look up a Stewart County estate case?
Stewart County is not listed in the participating-court estate search at georgiaprobaterecords.com. Ask the Stewart County Probate Court directly about the case file.
What are the Stewart County Probate Court hours?
Counter hours are not published on the county Probate Court page. Call ahead before traveling to Lumpkin, especially if you need to file an original will, take an oath, or pay a filing fee.
Do I have to travel to Lumpkin if I live out of state?
You may be able to mail the petition, but the oath for a personal representative cannot be notarized. It must be administered by a probate judge or clerk, and an out-of-state petitioner can use GPCSF 53, Commission to Administer Oath.
Where is the notice to creditors published in Stewart County?
The notice to creditors is published in The Stewart Webster Journal Patriot-Citizen in Richland. A personal representative must publish within 60 days of qualification, once a week for four weeks, and creditors who miss the three months after the last publication lose equal participation under O.C.G.A. § 53-7-41.
What if I disagree with the Stewart County Probate Court's 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 superior court 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.