For most Cobb County homeowners, the house is what drags an estate into probate. A transfer-on-death deed or a living trust keeps it out—here is how to set up either one and record it locally.
For a Cobb County property owner, the biggest probate risk is the home itself. Real estate is what forces most families into the Probate Court. The two tools that keep a Cobb County home out of probate are a transfer-on-death deed recorded with the Clerk of Superior Court, and a revocable living trust that holds title to the property.
Without a recorded beneficiary designation or a trust, Cobb County property passes through the Probate Court — even simple Georgia probates run 6+ months and start with $200 in filing fees.
A transfer-on-death deed names a beneficiary who receives Cobb County property automatically at the owner's death, without probate. It is recorded with the Clerk of Superior Court during the owner's lifetime and can be revoked at any time.
Before recording, a Georgia transfer-on-death deed is signed with 1O.C.G.A. 44-17-1 to 44-17-7Verified Oct 18, 2026 witness and attestation by a notary as official witnessO.C.G.A. 44-17-1 to 44-17-7Verified Oct 18, 2026. The deed takes effect only if it is recorded before the owner's deathO.C.G.A. 44-17-1 to 44-17-7Verified Oct 18, 2026.
Deeds and other real property documents for Cobb County are recorded with the Clerk of Superior Court at 10 East Park Square, Building C, 2nd Floor, Marietta, GA 30090. Phone: 1-770-528-2000. Hours: Monday-Friday 8:30 AM-5:00 PM.
Documents submitted by mail go to Real Estate Division, P.O. Box 3430, Marietta, GA 30061-3430.
The Clerk of Superior Court charges $25 flat, regardless of page count. Recording a 2-page transfer-on-death deed in Cobb County comes to $25. A transfer-on-death deed is exempt from transfer tax.
Cobb County requires electronic recording through the GSCCCA eFile Portal; paper documents are not accepted.
Recording Office Record
Cobb County
Phone
Hours
Office
Website
E-recording
Recording fees
| Flat fee (any length) | $25 |
| Transfer tax on a TOD deed | TOD deeds are exempt from transfer tax |
O.C.G.A. 15-6-77(f)(1)(A)(i)
Verified October 16, 2026 · Source
FirmAtlanta, GA
Serves Atlanta, Georgia, along with Fulton County, Cobb County, Cherokee County, Forsyth County, DeKalb County, Gwinnett County, and Douglas County.
PracticesEstate PlanningTrust AdministrationProbate
FirmAtlanta, GA
Family-operated Atlanta firm on North Druid Hills Road serving Fulton, DeKalb, Cobb, and Gwinnett counties. Its probate practice covers probate in solemn form (formal, with heir notification), probate in common form, and letters of administration for intestate estates, alongside estate and trust administration.
PracticesEstate PlanningTrust AdministrationProbate
FirmKennesaw, GA
A Kennesaw firm on Ridenour Boulevard serving Kennesaw, Marietta, and Acworth. Attorneys Shelley Elder and Stephen Crane handle probate alongside wills, revocable and irrevocable trusts, and special needs trusts, and Stephen Crane also handles real estate closings.
PracticesEstate PlanningProbateSpecial Needs PlanningReal EstateWills Trusts
FirmDouglasville, GA
Serves as west Georgia and Douglas County's estate planning attorneys, handling estate planning, probate, elder law, wills, and civil litigation across the Atlanta metro area.
PracticesEstate PlanningProbateElder LawConservatorshipGuardianship
FirmMarietta, GA
A Marietta firm near Marietta Square handling estate matters before the Cobb County Probate Court for clients across Cobb and north metro Atlanta. Prepares wills, revocable living trusts, and powers of attorney, and represents executors and families through probate, estate administration, and adult guardianship.
PracticesEstate PlanningProbateConservatorshipWills Trusts
FirmMarietta, GA
The Marietta office of Smith Barid, LLC, serving Cobb County clients. Handles probate and estate administration, from opening probate and inventorying the estate to paying creditors and closing the estate, alongside wills, trusts, special needs planning, and guardianships and conservatorships for incapacitated adults and minors.
PracticesEstate PlanningProbateSpecial Needs PlanningWills Trusts
Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.
Data sourced from Georgia statutes and official state code. How we research.
Free forms for planning your estate in Georgia: will, living trust, pour-over will, powers of attorney and TOD deed. Prepare each form for Georgia.
In Georgia, a will is signed before 2O.C.G.A. § 53-4-20Verified Oct 18, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyO.C.G.A. § 53-4-20Verified Oct 18, 2026View source.
In Georgia, a codicil is signed before 2O.C.G.A. § 53-4-20Verified Oct 18, 2026View source witnesses, like a will, and the self-proving affidavit signed with it lets the court admit it without witness testimonyO.C.G.A. § 53-4-24Verified Oct 25, 2026View source.
Georgia requires 2O.C.G.A. § 31-32-4Verified Oct 15, 2026View source witnesses for a healthcare power of attorney; notarization is not requiredO.C.G.A. § 31-32-4Verified Oct 15, 2026View source.
In Georgia, a HIPAA release names who may receive your records; the state regulates HIV/AIDS-related information, mental health records and substance abuse treatment recordsO.C.G.A. § 24-12-21 (disclosure of AIDS confidential information); surrogate authority O.C.G.A. § 31-32-7(e)(4); O.C.G.A. § 37-3-166(a) (release of mental health clinical records); surrogate authority O.C.G.A. § 31-32-7(e)(4); O.C.G.A. § 37-7-166 (release of alcohol/drug treatment clinical records); surrogate authority O.C.G.A. § 31-32-7(e)(4)Verified Jun 19, 2026View source above the federal rule, and the document carries each rule.
Georgia treats a power of attorney as durable by defaultO.C.G.A. §§ 10-6B-1 through 10-6B-81Verified Oct 22, 2026View source, and it is signed before 1O.C.G.A. §§ 10-6B-1 through 10-6B-81Verified Oct 21, 2026View source witness and a notary.
In Georgia, a transfer-on-death deed is signed before a notaryO.C.G.A. 44-17-1 to 44-17-7Verified Oct 18, 2026 and 1O.C.G.A. 44-17-1 to 44-17-7Verified Oct 18, 2026 witness, then recorded with the county before the owner's deathO.C.G.A. 44-17-1 to 44-17-7Verified Oct 18, 2026. Georgia does not recognize a Lady Bird deed.
In Georgia, the living will is the Georgia Advance Directive for Health CareO.C.G.A. Title 31, Chapter 32 (Georgia Advance Directive for Health Care Act), §§ 31-32-1 to 31-32-14Verified Sep 27, 2026View source, a written instruction that is valid with no agent named.
In Georgia, a pour-over will is signed before 2O.C.G.A. § 53-4-20Verified Oct 18, 2026View source witnesses and moves anything left outside the trust into it through probate.
Free tools for planning your estate in Georgia: will and trust costs, trust or TOD deed, and the signing rules. Run each tool for Georgia and read its answer.
In Georgia, a will is signed before 2O.C.G.A. § 53-4-20Verified Oct 18, 2026View source witnesses, and notarization is not requiredO.C.G.A. § 53-4-20Verified Oct 18, 2026View source.
Georgia has no statute recognizing a will by the law of the place where it was signedO.C.G.A. §§ 53-5-31, 53-5-33, 53-5-34Verified Oct 18, 2026View source, so a will used here is tested against its own rule: 2O.C.G.A. § 53-4-20Verified Oct 18, 2026View source witnesses, and notarization is not requiredO.C.G.A. § 53-4-20Verified Oct 18, 2026View source.
In Georgia, a will-based plan pays probate attorney fees of typically 2.1%Modeled estimate under O.C.G.A. § 53-7-6(4) (petition to the probate court for a judgment fixing the attorney's fees and expenses; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 3.4%Modeled estimate under O.C.G.A. § 53-7-6(4) (petition to the probate court for a judgment fixing the attorney's fees and expenses; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of the estate; a funded revocable trust keeps those assets out of probate and off that fee.
An attorney-prepared revocable living trust in Georgia runs $2,980Estimate: 10 hours at $298, Clio's Georgia Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $4,470Estimate: 15 hours at $298, Clio's Georgia Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source for an individual, against $0 to $549 up front plus a subscription with an online service.
An attorney-prepared will in Georgia runs $1,146Estimate: 3 hours at $382, Clio's Georgia Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $2,292Estimate: 6 hours at $382, Clio's Georgia Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $299 up front with an online service, and probate on a $500,000 estate adds about $38,748O.C.G.A. § 53-7-6(4) (petition to the probate court for a judgment fixing the attorney's fees and expenses; no statutory percentage)Verified Sep 8, 2026View source.
Compare what it costs to make a trust official across SimplyTrust, LegalZoom, Trust & Will, Rocket Lawyer, and Quicken WillMaker.
In Georgia, a parent names a guardian for a minor child in a will or a separate signed writingO.C.G.A. §§ 29-2-4, 29-2-16 (guardian of the person); §§ 29-3-5, 29-3-7 (conservator of the estate)Verified Sep 15, 2026View source, and the nomination covers the child until the age of majority, 18O.C.G.A. § 39-1-1Verified Sep 15, 2026View source.
Probate in Georgia takes 6 months to 9 months for a simple estate and charges attorney fees of typically 2.1%Modeled estimate under O.C.G.A. § 53-7-6(4) (petition to the probate court for a judgment fixing the attorney's fees and expenses; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 3.4%Modeled estimate under O.C.G.A. § 53-7-6(4) (petition to the probate court for a judgment fixing the attorney's fees and expenses; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of the estate; assets held in a revocable trust skip both.
Estate planning articles for Georgia.
Estate planning articles for Georgia.
