In Rome, Daniel's Funeral Home and Cremation Service provides cremation and funeral services in a tradition it dates back to 1895. Its licensed funeral directors create customized funeral and memorial services drawn from a family's stories. The home offers tours of its building on East 2nd Avenue.
What to Do When Someone Dies in Floyd County, Georgia
How probate works in Floyd County: the Probate Court record, what the process costs, and how to file there.
Probate Court Record
Floyd County Probate Court
Floyd County
Phone
Hours
Monday-Friday 8:00 AM-5:00 PM
Office
3 Government Plaza, Suite 201, Rome, GA 30161
Website
E-filing
Self-represented filing
Allowed
Self-help forms
E-filing
OptionalThe court accepts estates, guardianships, conservatorships and all reports through TrueFiling. The original will and any codicils, copies of birth and death certificates, and the original surety bond are delivered to the court on paper within 5 business days of the e-filing. On paper: Wills for Safekeeping; Not-for-Probate Wills; Birth and death certificates; Original surety bonds; Self-represented filers may file on paper (Uniform Probate Court Rule 5.3.12(B)(6)).
Self-represented filing
AllowedEstate filings use the Georgia probate standard forms, completed and notarized where required. Court staff answer basic questions about the standard forms and filing deadlines and schedule uncontested hearings, but do not choose the proceeding or fill in forms.
Fax
1-706-291-5189
Departments
- Court Clerk1-706-291-5138
- Office Supervisor1-706-291-5137
- Estate Clerk1-706-291-5139
- Guardianship1-706-314-1856
- Accounting1-706-291-5101
About the court
- The court's records from 2006 on, including estates, guardianships and wills held for safekeeping, can be searched on Georgia Probate Records.
Verified October 15, 2026 · Source
How Probate Works in Floyd 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 Floyd County, probate runs through the Probate Court at 3 Government Plaza, Suite 201, Rome.
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 Floyd County
What probate costs in Floyd 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 3 Government Plaza, Suite 201, Rome.
Georgia's statutory fee for an estate petition is $175 statewide, and a $15 indigent defense fee is added to each petition that opens an estate. County law library and dispute resolution add-ons and any publication are charged on top, so counties' posted totals for an opening petition run about $200 to $209O.C.G.A. § 15-9-60(e)(1) (2024 Ga. L. Act 515 / SB 232, eff. 1/1/2025)Verified Oct 17, 2026View source. 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 Floyd 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 Court Clerk, Office Supervisor, Estate Clerk, and Guardianship.
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 Floyd County Self-Filing Assessment.
Floyd 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
Before e-filing, confirm whether a case number already exists: an e-filing submitted as a new case on an established case is rejected.
SourceEstate filings use the current standard forms approved by the Supreme Court of Georgia, and every report (inventory, return, asset management plan, personal status report) carries its required notarized signatures.
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 Coroner in Floyd County
In Georgia a death is registered locally, and in Floyd County certified copies of the death certificate are issued by Floyd County Health Department, Vital Records as well as by Georgia Department of Public Health - State Office of Vital Records.
Vital Records Office Record
County Vital Records Office
Floyd County · Floyd County Health Department, Vital Records
Fees
Certified copy fees
| First certified copy | $25 |
| Each additional copy ordered at the same time | $5 |
Verified November 2, 2026 · Source
Coroner or Medical Examiner Record
Coroner
Floyd County · Floyd County Coroner's Office
Verified November 2, 2026 · Source
Funeral Homes in Floyd County
9 funeral homes and crematories in Floyd County, each listed with the services it offers, the faiths it serves, the languages its staff speak, its address and its phone.
F. K. Jones Funeral Home serves Rome and Northwest Georgia, including Floyd, Polk, Paulding and Bartow counties, from Martin Luther King Jr. Boulevard in Rome. The firm was founded in Rome in January 2000. After flooding closed its Elm Street facility in Rockmart, it serves Rockmart and the greater Polk County community from the Rome funeral home.
In Rome, Good Shepherd Funeral Home on Shorter Avenue is locally owned and family operated and is available around the clock. Its staff are bilingual and speak Spanish. The home transports loved ones out of state and out of the country, with document preparation and translation for Latin American countries including Mexico and Guatemala.
In Rome, the North Chapel and Crematory of Henderson & Sons Funeral Home on Martha Berry Highway has a chapel seating up to 250 and the area's only onsite crematory. The family-owned home has served Rome since 1961. It owns Rome Memorial Park, South, and states it is the only funeral home in Floyd County with its own cemetery.
In Rome, the Oaknoll Chapel of Henderson & Sons Funeral Home on Shorter Avenue stands directly across the street from Oaknoll Memorial Gardens, with a chapel seating up to 200 and visitation rooms that stream memorial tributes. The family-owned home has served Rome since 1961 and opened the chapel in 2018 for families in West Rome and East Alabama.
In Rome, the South Chapel on Maple Road is the headquarters of Henderson & Sons Funeral Home, with a chapel seating up to 250, full audio and video capability and a large parking lot. The family-owned home has served Rome since 1961. It owns Rome Memorial Park, South, and states it is the only funeral home in Floyd County with its own cemetery.
Funeral homes by city: Rome
Cremation Services in Floyd County
6 listings
Pre-Need Funeral Plans in Floyd County
1 listing
Burial Services in Floyd County
1 listing
Funeral Transport in Floyd County
2 listings
Spanish-Speaking Funeral Homes in Floyd County
1 listing
Green Burial in Floyd County
1 listing
Listings are for informational purposes only. SimplyTrust does not endorse or recommend any funeral home or crematory.
Transferring Property in Floyd 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 Floyd County are recorded with the Clerk of Superior Court at 3 Government Plaza, Suite 101, Rome, GA 30161. Phone: 1-706-291-5190. Hours: Monday-Friday 8:00 AM-5:00 PM.
Documents submitted by mail go to P.O. Box 1110, Rome, GA 30162.
The Clerk of Superior Court charges $25 flat, regardless of page count.
Floyd County requires electronic recording through the GSCCCA eFile Portal; paper documents are not accepted.
Recording Office Record
Clerk of Superior Court
Floyd County
Phone
Hours
Monday-Friday 8:00 AM-5:00 PM
Office
3 Government Plaza, Suite 101, Rome, GA 30161
Website
E-recording
P.O. Box 1110
Rome, GA 30162
Fax
1-706-233-0035
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 Floyd 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 Floyd 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.
A Rome firm serving northwest Georgia whose estate planning and probate practice draws on its work as the Floyd County administrator. Also handles elder law and conservatorship matters alongside business, family, real estate, and litigation work.
A Cartersville firm serving Bartow, Cobb, Cherokee, Gordon, Floyd, and Paulding counties northwest of Atlanta. Handles probate administration and estate settlement, guides executors and administrators through the process, and structures Medicaid, long-term care, and asset-protection plans for seniors. Founding attorneys Lance and Sharon McCoy each have over 25 years in practice.
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)
- Floyd County Probate Court, official page
- Floyd County Clerk of Superior Court, official page
- Floyd 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.
Get the Answer
Hire a Georgia Probate Attorney
Browse vetted Georgia attorneys handling probate matters.
Browse firms
Notify Banks & Financial Institutions
Each institution has a separate death claim process. Find yours below.
Is this your situation?
Get a complete guide for your specific circumstances.
