Collins Funeral Home stands at 4947 North Main Street in Acworth and is one of the firm's three locations, with Marietta and Hiram. The business began in 1870 as a chair factory that built caskets, and the funeral home opened in Acworth in 1886. The firm states that it is privately owned and that its own crematory serves families choosing cremation at all its homes.
What to Do When Someone Dies in Cobb County, Georgia
How probate works in Cobb County: the Probate Court record, what the process costs, and how to file there.
Probate Court Record
Cobb County Probate Court
Cobb County
Phone
Hours
Monday-Friday 8:00 AM-5:00 PM
Office
32 Waddell Street, Marietta, GA 30090
Website
E-filing
Filing in person
Walk-ins accepted
Self-represented filing
Allowed
Self-help forms
E-filing
OptionalThe court accepts probate filings through eFileGA. The original will and any surety bond are still filed on paper. On paper: Self-represented filers may file on paper (Uniform Probate Court Rule 5.3.12(B)(6)).
Filing in person
Walk-ins acceptedNo appointment is needed to file. The court closes promptly at 5 p.m. and asks filers to arrive by 4:30 p.m.; filings may also be mailed or left in the lobby drop box.
Self-represented filing
AllowedAn in-person filing arrives complete and signed, with signatures notarized; the court has no notary and staff do not help complete forms. The resources page links the Georgia standard forms and the legal-aid probate clinics.
Accepted payment
- At the counterCash, Check, Money order, Credit card.The filing fee is due at filing; checks and money orders are payable to Cobb County Probate Court. Card payments carry a service fee of $2.00 or 3.5%, whichever is higher, capped at $5.00 on estate filings.
Self-help center
- Self-help serviceCobb Legal Aid and the Cobb Justice Foundation hold a free in-person probate clinic on the second Thursday of each month from 9:30 to 11:30 a.m., with brief advice on decedent's estate and guardianship cases, and a free virtual information session on the fourth Friday from noon to 1 p.m. Registration and income limits apply.
Fax
1-770-528-1996
Departments
- Firearms License1-770-528-1922
- Marriage License1-770-528-1921
Verified October 15, 2026 · Source
How Probate Works 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. Cobb County uses efilega.tylertech.cloud for probate e-filing, while most Georgia counties file through TrueFiling.
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 months to 12 months to move through this process. Creditors have 3 monthsO.C.G.A. §§ 53-7-40, 53-7-41, 53-7-42, 53-7-43, 9-3-36Verified Oct 18, 2026View source to present a claim, counted from the last publication of the notice to creditors.
What Probate Costs in Cobb County
What probate costs in Cobb County, Georgia comes down to a handful of line items — the court filing fee, attorney and executor compensation, publication, and sometimes a bond — scaled by the estate's size and whether the will is contested. The case itself runs through the Probate Court at 32 Waddell Street, Marietta.
The Probate Court charges $175O.C.G.A. § 15-9-60(e)(1) (2024 Ga. L. Act 515 / SB 232, eff. 1/1/2025)Verified Oct 17, 2026View source to open a probate case. Additional filings during administration — inventory, accounting, the final petition — add to the total.
Estimate the costs for this estate:
Attorney fees in Georgia are negotiated, 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 estate value. Flat-fee arrangements are common for straightforward estates.
Georgia sets executor compensation by statute — about $25,000 on a $500,000 estate, roughly 5.0%O.C.G.A. § 53-6-60(b)(1)-(4) (2 1/2 percent on sums received and on sums paid out; 10 percent on interest; up to 3% on property delivered in kind; up to 10% of annual income for working land)Verified Sep 8, 2026View source. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.
Georgia requires publishing notice to creditors in a local newspaper, and the estate pays for it.
A surety bond may be required unless the will waives it or all beneficiaries consent. Premiums run roughly 0.5%Industry surety premium estimate; the bond itself under O.C.G.A. § 53-6-50(a),(c) (bond required of the personal representative of an intestate estate or a temporary administrator; relieved by the unanimous consent of the heirs)Verified Sep 8, 2026View source of estate value annually.
Probate in Georgia typically runs 9 months to 12 months, and costs accrue throughout that period.
How to File Probate at the Probate Court
Probate documents in Cobb County can be filed in person at the Probate Court, by mail, or electronically. Most families handling probate themselves prefer paper filing, though e-filing is available.
Beside the filing office, the court lists separate lines for Firearms License and Marriage License.
Cobb Legal Aid and the Cobb Justice Foundation hold a free in-person probate clinic on the second Thursday of each month from 9:30 to 11:30 a.m., with brief advice on decedent's estate and guardianship cases, and a free virtual information session on the fourth Friday from noon to 1 p.m. Registration and income limits apply.
Can You File Without an Attorney?
In Georgia, informal probate is not availableO.C.G.A. § 53-5-15 ("Probate of a will may be in common form or in solemn form or both") — both are proceedings in the probate court; no registrar/clerk appointment trackVerified Sep 8, 2026View source, so self-filing means a formal court petition rather than a registrar filing.
For a full cost comparison and filing checklist, see the Cobb County Self-Filing Assessment.
Cobb County Filing Requirements
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
Court Appearances
A fiduciary appointed by the court may ask by email to take the oath online; the oath can be administered virtually by appointment.
SourceWhat to Bring
Filed with the opening petition at the Probate Court: Original will (and any codicils), for testate estates (GPCSF 5/4); Acknowledgments of service / consents of heirs or beneficiaries, sworn before a notary or probate clerk (O.C.G.A. § 53-11-6); Oath of personal representative (GPCSF Supplement 4), administered by a probate judge or clerk (not a notary) — the oath is not part of the petition form itself (O.C.G.A. §§ 53-6-16, 53-6-24); Bond on the intestate track, unless all heirs consent to waive it (O.C.G.A. § 53-6-50(a), (c)); executors under a will are not within § 53-6-50 and give no bond by defaultO.C.G.A. § 53-5-20 et seq. (probate of will in solemn form / Letters Testamentary); § 53-6-20 et seq. (Letters of Administration); § 53-6-1 (eligibility), § 53-6-10 (nomination by testator), § 53-6-11 (qualification)Verified Aug 24, 2026View source.
Death Certificates and the Medical Examiner in Cobb County
In Georgia a death is registered locally, and in Cobb County certified copies of the death certificate are issued by Cobb and Douglas Public Health, Vital Records Office as well as by Georgia Department of Public Health - State Office of Vital Records.
Vital Records Office Record
County Vital Records Office
Cobb County · Cobb and Douglas Public Health, Vital Records Office
Phone
Hours
Monday-Friday 8:00 AM-4:30 PM (opens 09:00 on the third Wednesday of the month)
Office
1650 County Services Parkway, Marietta, GA 30008
Website
Certified copies
At the counter
Order online
Cobb and Douglas Public Health
Vital Records Office
1650 County Services Parkway Southwest
Marietta, GA 30008
Local rule
- Arrive more than 15 minutes before closing time. Personal checks are not accepted.
Certified copy fees
| First certified copy | $25 |
| Each additional copy ordered at the same time | $5 |
Verified November 1, 2026 · Source
Coroner or Medical Examiner Record
Medical Examiner
Cobb County · Cobb County Medical Examiner's Office
Phone
Hours
Monday-Friday 8:30 AM-4:30 PM
Office
1497 County Services Parkway, Marietta, GA 30008
Website
Mail and offices
Fax
1-770-528-2207
Verified November 1, 2026 · Source
Funeral Homes in Cobb County
22 funeral homes and crematories in Cobb County, each listed with the services it offers, the faiths it serves, the languages its staff speak, its address and its phone.
Georgia Funeral Care is a family-owned funeral home on South Main Street in Acworth, founded in 2012, that also serves Kennesaw and Cartersville. It offers burial, cremation, green burial and veteran packages, and can coordinate terramation arrangements. Its on-site crematory was completed in April 2017, and the home is a member of the Green Burial Council.
Davis-Struempf Funeral Home & Crematory serves Austell and nearby Cobb County communities from the East West Connector. The family-owned home, opened in 1996, offers funerals, memorials, burial, cremation and pre-planning, and helps military families apply for burial flags and benefits. Cremation takes place in its own on-site crematory under the home's 13-step process.
Roy Davis Funeral Home serves Austell, Mableton, Douglasville and communities throughout Cobb County from its facility on Mulberry Street in Austell. It offers funeral and cremation services to families from all walks of life, and for families who choose cremation it owns and operates its own crematory. Its present facility was purpose-built in 1981.
In Kennesaw, this funeral home and its sister Pine Ridge Memorial Park serve Cobb, Bartow and Cherokee counties, arranging funeral, cremation and burial. The funeral home opened on the cemetery's property in 1984 and takes part in the Homeless Veterans Burial Program, and its staff speak Spanish.
In Mableton, F.L. Sims Funeral Home operates from Clay Road SW, one of the firm's Metro Atlanta locations. The firm states it provides funeral and cremation care, secures cemetery plots and ships human remains abroad through its work with consulates. It traces its name to a funeral home founded in East Point in 1943.
Funeral homes by city: Acworth, Austell, Kennesaw, Mableton, Marietta, Powder Springs, Smyrna
Cremation Services in Cobb County
18 listings
Pre-Need Funeral Plans in Cobb County
9 listings
Burial Services in Cobb County
13 listings
Veterans Funeral Services in Cobb County
9 listings
Funeral Transport in Cobb County
4 listings
Spanish-Speaking Funeral Homes in Cobb County
4 listings
Green Burial in Cobb County
2 listings
Human Composting in Cobb County
1 listing
Listings are for informational purposes only. SimplyTrust does not endorse or recommend any funeral home or crematory.
Transferring Property in Cobb County
Clearing title to real estate after a death, whether by a personal representative’s deed, an affidavit of survivorship, or a court order, happens at the Clerk of Superior Court.
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.
Cobb County requires electronic recording through the GSCCCA eFile Portal; paper documents are not accepted.
Recording Office Record
Clerk of Superior Court
Cobb County
Phone
Hours
Monday-Friday 8:30 AM-5:00 PM
Office
10 East Park Square, Building C, 2nd Floor, Marietta, GA 30090
Website
E-recording
Real Estate Division
P.O. Box 3430
Marietta, GA 30061-3430
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
Forms that put a death on the title
- Free forms: Affidavit of Death Form · Affidavit of Heirship Form
Probate Attorneys Serving Cobb County
Georgia allows independent administrationO.C.G.A. § 53-7-1(b) (unanimous consent to the § 53-12-261 powers, without court authorization); § 53-7-33 (will may dispense with the inventory); § 53-7-69 (and the annual return)Verified Sep 8, 2026View source, so the personal representative manages, pays and distributes the estate without returning to the court for approval at each step. A probate attorney earns the fee when the estate is contested, includes a business or out-of-state real estate, has unclear or insolvent debts, or when beneficiaries disagree.
Probate attorney fees in Georgia are based on reasonable compensation, billed hourly or as a flat fee. Ask a Cobb County firm to quote a structure up front.
A probate attorney files the petition with the Probate Court, publishes the required creditor notices, prepares the inventory and accounting, handles creditor claims and tax filings, and guides the final distribution. They represent the personal representative — not the beneficiaries — a distinction that matters if a dispute develops.
Serves Atlanta, Georgia, along with Fulton County, Cobb County, Cherokee County, Forsyth County, DeKalb County, Gwinnett County, and Douglas County.
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.
Founding attorney Ophelia Chan, former staff attorney and assisting judge of Cobb County Probate Court, has served clients in Marietta and the metro Atlanta area for more than 25 years.
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.
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.
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.
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.
Legal Sources
(10)·
- O.C.G.A. § 15-9-60(e)(1) (2024 Ga. L. Act 515 / SB 232, eff. 1/1/2025)
- O.C.G.A. § 53-5-15 ("Probate of a will may be in common form or in solemn form or both") — both are proceedings in the probate court; no registrar/clerk appointment track
- O.C.G.A. § 53-5-20 et seq. (probate of will in solemn form / Letters Testamentary); § 53-6-20 et seq. (Letters of Administration); § 53-6-1 (eligibility), § 53-6-10 (nomination by testator), § 53-6-11 (qualification)
- O.C.G.A. § 53-6-60(b)(1)-(4) (2 1/2 percent on sums received and on sums paid out; 10 percent on interest; up to 3% on property delivered in kind; up to 10% of annual income for working land)
- O.C.G.A. § 53-7-1(b) (unanimous consent to the § 53-12-261 powers, without court authorization); § 53-7-33 (will may dispense with the inventory); § 53-7-69 (and the annual return)
- O.C.G.A. §§ 53-7-40, 53-7-41, 53-7-42, 53-7-43, 9-3-36
- O.C.G.A. 15-6-77(f)(1)(A)(i)
- Cobb County Probate Court, official page
- Cobb County Clerk of Superior Court, official page
- Cobb County vital records and death investigation offices, official page
Data sourced from Georgia statutes and official state code. Fee percentages are modeled estimates; each figure's note says how. How we research.
Tools for Settling an Estate in Georgia
Free tools for settling an estate in Georgia: whether probate is needed, executor and trustee pay, creditor deadlines and taxes. Run each tool for Georgia.
How Do I Settle an Estate?
Settling an estate in Georgia: the personal representative files the estate inventory within 180 daysO.C.G.A. §§ 53-7-30, 53-7-31, 53-7-32, 53-7-33Verified Sep 15, 2026View source of appointment; creditors have 3 monthsO.C.G.A. §§ 53-7-40, 53-7-41, 53-7-42, 53-7-43, 9-3-36Verified Oct 18, 2026View source to present claims; a simple estate closes in 6 months to 9 months.
See the Steps
How Do I Settle a Trust?
Settling a trust in Georgia happens outside court: the trustee acts under the state's trust statuteO.C.G.A. § 53-12-1 et seq.Verified Oct 17, 2026View source, notifies the beneficiaries within 60 daysO.C.G.A. §§ 53-12-242, 53-12-243, 53-12-307Verified Sep 15, 2026View source, then pays the debts and distributes under the trust's terms.
See the Steps
Can I Self-File Probate?
In Georgia, informal probate is not availableO.C.G.A. § 53-5-15 ("Probate of a will may be in common form or in solemn form or both") — both are proceedings in the probate court; no registrar/clerk appointment trackVerified Sep 8, 2026View source, so self-filing means a formal court petition rather than a registrar filing.
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