How to File with Metro Atlanta Probate Courts During Coronavirus Outbreak

Brannon Napier

 

The Probate Courts of DeKalb, Fulton, Gwinnett and Cobb Counties are under judicial emergency through April 14th, unless extended. At this point, an extension beyond April 14th feels likely. Under this judicial emergency these Probate Courts will perform limited functions and access will be restricted. We have been reviewing the available information and speaking with these Courts. The purpose of this post will be to summarize this information and to create a resource for individuals who need to use these Probate Courts during this time.

Universal to DeKalb, Fulton, Cobb and Gwinnett Probate Courts:

  • Only emergency filings and essential activities are allowed in-person
  • Permitted in person filings:
    • Emergency guardianship and conservatorship
    • Medical Consent guardianship
  • Administering oaths is on hold until the emergency is lifted
  • Delays in processing should be expected due to limited staffing

 

DeKalb County Probate Court:

  • Only the following filings will be accepted in-person:
    • Lay Affidavits (Orders to Apprehend)
    • Petitions for Involuntary Commitment
    • Petitions for Emergency Adult Guardianship/Conservatorship
    • Petitions for Permanent Adult Guardianship/Conservatorship (if abuse is alleged)
    • Petitions for Minor Guardianship (if abuse is alleged)
    • Marriage Licenses (strongly encouraged to wait)
  • These filings will accepted at the basement office at the Courthouse, Room B-190. You are strongly encouraged to call before filing.
  • E-file options are available for most of these filings
  • The Court’s service hours have been changed to 10:00 am – 3:00 pm
  • All other filings may be made by mail with payment

 

Fulton County Probate Court:

  • All non-emergency filings may be filed by mail with check or money order payment
    • Mailing address – 136 Pryor St. SW, #C230, Atlanta, GA 30303
  • Downtown office is open until 3:00 pm, it is requested you arrive by 2:00 pm if filing
  • The Court will administer oaths but only for Petitions that have already been granted (encouraged to wait)

 

Gwinnett County Probate Court:

  • Emergency filings may be filed between 8:00 am and 1:00 pm or between 2:00 pm and 4:00 pm (Court is closed for cleaning from 1:00-2:00 pm)
  • All other filings may be mailed
  • The Court reports they are working on an alternative to administering in-person oaths

 

Cobb County Probate Court:

  • Only the following filings will be accepted in-person:
    • Petitions for Emergency Guardianship/Conservatorship
    • Petitions for Permanent Guardianship/Conservatorship (with accusations of abuse, neglect, or harm)
    • Other legitimate emergency petitions or motions
    • Petitions for Medical Consent Guardianship
    • Marriage licenses (strongly encouraged to wait)
  • All other filings may be made by mail
    • Mailing address – 32 Waddell St., Marietta, GA 30060
  • Attorneys or party filing are to submit a $30 initial deposit to file. A subsequent order will be entered specifying fees to process the filing and due date

 

Call us at 770-854-0688 if you have questions or feel like you need assistance with your probate filing.