How Does Probate Work in Cobb County, Georgia?
Losing someone you love is hard enough without the confusion of legal paperwork. In Cobb County, estate size determines the process—smaller estates under $15,000 can often avoid full probate. All filings go through the Probate Court at 32 Waddell Street, Marietta.
The Probate Process in Cobb County
Probate is the court-supervised process of settling someone's estate after they die — validating the will, paying debts and taxes, and transferring what's left to the heirs. In Cobb County, probate runs through the Probate Court at 32 Waddell Street, Marietta.
The personal representative opens the case, gives notice to heirs and creditors, files an inventory of the estate's assets, settles outstanding debts and taxes, and then distributes the remainder under the will — or under Georgia intestacy law when there is no will.
Most Georgia estates take 9 monthsO.C.G.A. § 7-1-239Verified May 7, 2026 to 12 monthsO.C.G.A. § 7-1-239Verified May 7, 2026 to move through this process. The 3 monthsO.C.G.A. § 53-7-41Verified May 7, 2026 creditor claim window is the largest fixed piece of that timeline — a mandatory wait regardless of how simple the estate is.
Filing at the Probate Court
Probate cases in Cobb County are filed with the Probate Court, located at 32 Waddell Street, Marietta, GA 30090. The clerk's office is open Monday - Friday, 8:00 AM - 5:00 PM (License Division closes 4:30 PM). Reach the clerk at 770-528-1900.
Chief Judge Hon. Kelli L. Wolk and Judge Hon. Tara C. Riddle preside over probate matters at the Probate Court. The clerk's office is open Monday - Friday, 8:00 AM - 5:00 PM (License Division closes 4:30 PM).
License Division closes at 4:30 PM. Lobby renovation underway beginning March 2026; court remains operational during renovation.
The court operates across 2 locations in Cobb County. Probate filings may need to go to a specific location—check with the clerk's office before your visit.
First Steps After a Death in Cobb County
Handling an estate in Cobb County, Georgia means working through both immediate tasks (securing property, ordering death certificates, stopping benefits) and the formal probate process at the Probate Court at 32 Waddell Street, Marietta.
Probate matters here are routed through Firearms License and Marriage License. Knowing which office handles what saves time during the first few weeks.
Cobb County has local procedures worth knowing before you start: License Division closes at 4:30 PM; Lobby renovation underway beginning March 2026; court remains operational during renovation.
Do I Need Probate?
Whether probate is necessary in Cobb County depends on how the deceased's assets were titled and what estate planning was in place. The local court is the Probate Court at 32 Waddell Street, Marietta.
Cobb County has local procedures that affect when and how to file: License Division closes at 4:30 PM; Lobby renovation underway beginning March 2026; court remains operational during renovation.
Assets in a funded revocable living trust pass directly to beneficiaries without probate. Life insurance, retirement accounts with named beneficiaries, and jointly-held property with survivorship rights also transfer automatically. Only assets titled solely in the deceased's name — or caught by a pour-over will for unfunded trust assets — go through the Probate Court.
Georgia has a low threshold for simplified procedures — only estates under $15,000O.C.G.A. § 7-1-239Verified May 7, 2026 qualify. Most estates in Cobb County with real property will require full probate through the Probate Court.
See what portion of this estate may require probate:
Opening probate at the Probate Court requires the original will (or proof there isn't one), a certified death certificate, and documentation of assets — deeds, account statements, vehicle titles. Asset titling is what separates probate property from everything that passes automatically.
Who Inherits Without a Will?
Without a valid will, inheritance in Cobb County is governed by Georgia statute rather than the deceased's wishes. The law assigns shares based on family structure—and the default distribution often catches families off guard.
Enter the family details to see who inherits under Georgia law:
Georgia has constitutional homestead protection that shields the primary residence from most creditor claims during probate.
The Probate Court can approve a family allowance for the surviving spouse and minor children while the estate is being settled. This has priority over creditor claims.
Georgia has adopted digital asset access laws, allowing executors to manage the deceased's email, social media, and online accounts as part of estate administration.
Legal Sources
- O.C.G.A. § 53-7-41
- O.C.G.A. § 7-1-239
Data sourced from Georgia statutes and official state code. How we research.
Frequently Asked Questions
The Probate Court for Cobb County is located in Marietta, Georgia. Full address, phone, hours, and e-filing details are listed on this page.
A simple probate in Georgia typically closes in 6–9 months. Average estates run 9–12 months. Complex estates with disputes or tax issues can take 12–24 months. Timing in Cobb County tracks the state range unless the docket is unusually backed up.
No. Georgia allows estates under $15,000 to use a Bank Deposit Affidavit and skip formal probate. The waiting period is 45 days after death. Use the Georgia probate decision tool to see if the estate qualifies.
When there is no will, Georgia's intestate succession rules decide who inherits. Spouses, children, and parents are prioritized in that order. The Cobb County probate court applies the state rules without variation. See who inherits in Georgia for the exact order.
A revocable living trust is the cleanest way for most families to skip probate entirely. Assets titled to the trust pass to beneficiaries without court involvement, filing fees, or the Cobb County probate docket. Create a revocable trust online to avoid putting your family through this process later.
Probate Court
Cobb County
32 Waddell Street
Marietta, GA 30090
Phone:
770-528-1900Fax:
770-528-1996
Hours:
Monday - Friday, 8:00 AM - 5:00 PM (License Division closes 4:30 PM)
Paper Filing Available
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