What to Do When Someone Dies in Floyd County, Georgia

Probate in Floyd 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 Floyd 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

Floyd County

Address

3 Government Plaza, Suite 201Rome, GA 30161

Fax

706-291-5189

Hours

Monday - Friday, 8:00 AM - 5:00 PM
Visit court website →
Paper filing availableE-filing optional

Departments

  • Court Clerk706-291-5138
  • Office Supervisor706-291-5137
  • Estate Clerk706-291-5139
  • Guardianship706-314-1856

Verified July 3, 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. 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 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.

Probate matters are handled through Court Clerk, Office Supervisor, Estate Clerk, and Guardianship. Filing and payment go through these offices, not the main clerk window.

Local procedures at this court that affect cost: Citation payments accepted via EZCourtPay (1-800-262-0128) or online. These are county-specific and not posted on the statewide court site.

Georgia 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 probate, the same in every county. Additional filings during administration — inventory, accounting, the final petition — add to the total.

The Probate Court accepts e-filing (https://tf3.truefiling.com/). Paper filing remains available for self-represented filers.

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 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.

Filings here are routed through Court Clerk, Office Supervisor, Estate Clerk, and Guardianship. 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.

E-Filing Also Available

If you prefer, you can file electronically through the state's online system. This is optional for families filing without an attorney.

View E-Filing Information

Paper Filing Required For

  • •Wills for Safekeeping
  • •Not-for-Probate Wills

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 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.

Document Requirements

Standard probate petition forms can be printed from the Georgia Probate Court statewide forms site at gaprobate.gov/standard-forms/.

Source

Court Appearances

Traffic court held Tuesday and Thursday mornings at 9:00 AM. Defendants must arrive before 9:00 AM and check in at front counter.

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 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, led by Mary Hardin Thornton, at 3 Government Plaza, Suite 101, Rome, GA 30161. Phone: 706-314-1860. 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 GSCCCA eFile Portal; paper documents are not accepted.

Recording Office Record

Clerk of Superior Court

Floyd County · Mary Hardin Thornton

Address

3 Government Plaza, Suite 101Rome, GA 30161Mailing: P.O. Box 1110, Rome, GA 30162

Fax

706-233-0035

Hours

Monday - Friday, 8:00 AM - 5:00 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 Floyd County

Georgia uses formal, court-supervised probate, which makes an attorney worthwhile for most estates in Floyd 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 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.

FirmRome, GA

Cox Byington Twyman LLP

Serves 3 counties

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.

PracticesEstate PlanningElder LawProbate Administration

Office
711 Broad StreetRome, GA 30161
Free consultation

FirmCartersville, GA

The McCoy Law Firm, LLC

Serves 7 counties

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.

PracticesEstate PlanningElder LawAsset ProtectionMedicaid PlanningProbate Administration

Office
775 West Avenue, Suite ECartersville, GA 30120

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.