What to Do When Someone Dies in Cobb County, Georgia

Probate in Cobb County runs through the Probate Court: prove the will, settle the debts, and pass the house to the heirs. Here is how the local process works—and what each step actually costs.

When someone dies in Cobb County, settling their estate runs through the Probate Court. This page covers the court record, whether probate is required, what it costs, how to file, transferring property, and the local attorneys who handle probate here.

Probate Court Record

Probate Court

Cobb County

Address

32 Waddell StreetMarietta, GA 30090

Fax

770-528-1996

Hours

Monday - Friday, 8:00 AM - 5:00 PM (License Division closes 4:30 PM)
Visit court website →
Paper filing availableSelf-filing allowed

Departments

  • Firearms License770-528-1922
  • Marriage License770-528-1921

Verified July 3, 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.

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. The 3 monthsO.C.G.A. § 53-7-41(d) ("within three months from the date of publication of the personal representative's last notice") (Verified 2026-09-08 against GA Code § 53-7-41 (2025))Verified Sep 8, 2026View source creditor claim window is the largest fixed piece of that timeline — a mandatory wait regardless of how simple the estate is.

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.

Probate matters are handled through Firearms License and Marriage License. Filing and payment go through these offices, not the main clerk window.

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 Sep 8, 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%O.C.G.A. § 53-7-6(4) (PR authorized "to provide competent legal counsel for the estate...either the personal representative or the attorney employed may, by petition to the probate court...obtain a judgment fixing the attorney's fees and expenses"; no statutory percentage) (Verified 2026-09-08 against GA Code § 53-7-6 (2025))Verified Sep 8, 2026View source to 3.4%O.C.G.A. § 53-7-6(4) (PR authorized "to provide competent legal counsel for the estate...either the personal representative or the attorney employed may, by petition to the probate court...obtain a judgment fixing the attorney's fees and expenses"; no statutory percentage) (Verified 2026-09-08 against GA Code § 53-7-6 (2025))Verified Sep 8, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.

Executor compensation is also statutory in Georgia. Family executors who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.

Georgia requires publishing creditor notice in a local newspaper, typically $200–$500. Professional appraisals for real estate or business interests add $300–$600 per asset.

A surety bond may be required unless the will waives it or all beneficiaries consent. Premiums run roughly 0.5%O.C.G.A. § 53-6-50(a),(c) ("any person who seeks to qualify to serve as the personal representative of an intestate estate or as a temporary administrator shall be required to give bond"; such a PR "may be relieved from the requirement for giving bond by the unanimous consent of the heirs of the estate") (Verified 2026-09-08 against GA Code § 53-6-50 (2025)); § 53-6-53 (PR qualified to serve without bond may still be ordered to give bond on a showing of mismanagement) (Verified 2026-07-14)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 cases in Cobb County are filed at the Probate Court. File in person during business hours or by mail.

Filings here are routed through Firearms License and Marriage License. Confirm with the office which intake handles the petition type you're filing.

How to File Your Documents

Paper Filing Available

You can file your probate documents in person at the court or by mail.

Can You File Without an Attorney?

Not every estate requires an attorney. Estate size, asset types, and whether beneficiaries agree determine if self-filing at the Probate Court is realistic.

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.

Before You File

License Division closes at 4:30 PM.

Source

Other Requirements

Lobby renovation underway beginning March 2026; court remains operational during renovation.

Source

Before You Go

Filing in person

Marriage and weapons carry license applications require an online appointment (booked via the court's NemoQ scheduler).

What to Bring

To file at the Probate Court you need: the original will (or proof there isn't one), a certified death certificate, contact information for all heirs and beneficiaries, and a summary of what the estate owns and owes.

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, led by Connie Taylor, at 10 E. Park Square, Building C, 2nd Floor, Marietta, GA 30090. Phone: 770-528-1360. Hours: Monday - Friday, 8:30 AM - 5:00 PM (recording and copy counters close at 4:30 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 GSCCCA eFile Portal; paper documents are not accepted.

Recording Office Record

Clerk of Superior Court

Cobb County · Connie Taylor

Address

10 E. Park Square, Building C, 2nd FloorMarietta, GA 30090Mailing: Real Estate Division, P.O. Box 3430, Marietta, GA 30061-3430

Hours

Monday - Friday, 8:30 AM - 5:00 PM (recording and copy counters close at 4:30 PM)

E-recording

Required via GSCCCA eFile PortalE-recording info →
Visit recorder website →

Recording fees

Flat fee (any length)$25
Transfer tax on a TOD deedExempt

O.C.G.A. 15-6-77(f)(1)(A)(i)

Verified September 4, 2026 · Source

Probate Attorneys Serving Cobb County

Georgia uses formal, court-supervised probate, which makes an attorney worthwhile for most estates in Cobb County — the filing sequence, notice requirements, and accounting leave little room for error. Estates under the small-estate threshold are the usual exception.

Probate attorney fees in Georgia are based on reasonable compensation — typically 2.1%O.C.G.A. § 53-7-6(4) (PR authorized "to provide competent legal counsel for the estate...either the personal representative or the attorney employed may, by petition to the probate court...obtain a judgment fixing the attorney's fees and expenses"; no statutory percentage) (Verified 2026-09-08 against GA Code § 53-7-6 (2025))Verified Sep 8, 2026View source to 3.4%O.C.G.A. § 53-7-6(4) (PR authorized "to provide competent legal counsel for the estate...either the personal representative or the attorney employed may, by petition to the probate court...obtain a judgment fixing the attorney's fees and expenses"; no statutory percentage) (Verified 2026-09-08 against GA Code § 53-7-6 (2025))Verified Sep 8, 2026View source of the estate's value, 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.

FirmAtlanta, GA

Brian M. Douglas & Associates, LLC

Serves 7 counties

Serves Atlanta, Georgia, along with Fulton County, Cobb County, Cherokee County, Forsyth County, DeKalb County, Gwinnett County, and Douglas County.

PracticesEstate PlanningTrust AdministrationProbate Administration

Office
900 Circle 75 Parkway, Suite 800Atlanta, GA 30339
Free consultation

FirmAtlanta, GA

Chambers, Chambers & Chambers, LLP

Since 1979 · Serves 4 counties

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 Administration

Office
2250 North Druid Hills Road NE, Suite 243Atlanta, GA 30329

FirmMarietta, GA

Chan Law Firm LLC

Serves 4 counties

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.

PracticesEstate AdministrationProbate LitigationConservatorshipGuardianship

Office
244 Roswell Street, Suite 700Marietta, GA 30060

FirmKennesaw, GA

Crane Elder Law Firm, LLC

Serves 3 counties

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 PlanningSpecial Needs PlanningProbate AdministrationReal EstateWills Trusts

Office
1300 Ridenour Boulevard, Suite 100Kennesaw, GA 30152

FirmDouglasville, GA

Edwards, McLeod & Money, P.C.

Serves 6 counties

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 PlanningElder LawConservatorshipGuardianshipProbate Administration

Office
8701 Hospital Drive, Suite BDouglasville, GA 30135

FirmMarietta, GA

Georgia Wills, Trusts, and Probate Firm, LLC

Serves 2 counties

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 PlanningConservatorshipProbate AdministrationWills Trusts

Office
192 Church StreetMarietta, GA 30060
See all 12 firms serving Cobb County→

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.

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Legal Sources

Data sourced from Georgia statutes and official state code. How we research.