What to Do When Someone Dies in Forsyth County, Georgia

How probate works in Forsyth County: the Probate Court record, what the process costs, and how to file there.

Probate Court Record

Forsyth County Probate Court

Forsyth County

Hours

Monday-Friday 8:30 AM-4:30 PM

Office

100 West Courthouse Square, Suite 008, Cumming, GA 30040

E-filing

Self-represented filing

Allowed

Self-help forms

E-filing

OptionalThe court accepts filings through eFileGA, which takes a free account. Filings can also be made by mail or in person. 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)).

Self-represented filing

AllowedThe court links the most-used Georgia probate standard forms, an estate inventory with instructions, and an adult guardianship and conservatorship filing checklist. Staff do not give legal advice; the county law library at the courthouse is open for research on weekdays.

Verified October 15, 2026 · Source

How Probate Works in Forsyth 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 Forsyth County, probate runs through the Probate Court at 100 West Courthouse Square, Suite 008, Cumming. Probate e-filing in Forsyth County runs through efilega.tylertech.cloud, not the TrueFiling portal used by most Georgia counties.

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 Forsyth County

What probate costs in Forsyth 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 100 West Courthouse Square, Suite 008, Cumming.

Procedures at this court that affect cost: Publication fees are paid separately, made payable to Forsyth County News.

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 Forsyth 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.

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 Forsyth County Self-Filing Assessment.

Forsyth 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

Every filing is in writing, signed by the filer and sworn to before a notary or a Probate Court clerk.

Where other parties are entitled to service or notice, the filer provides the copies and mailing materials to the court.

Source

Records Access

Public court filings can be viewed at the kiosk in the clerk's office or online through [re:SearchGA](https://researchga.tylerhost.net/); copies are $1.00 a page.

Source

What 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 Forsyth County

In Georgia a death is registered locally, and in Forsyth County certified copies of the death certificate are issued by Forsyth County Probate Court, Birth & Death Certificates as well as by Georgia Department of Public Health - State Office of Vital Records.

Vital Records Office Record

County Vital Records Office

Forsyth County · Forsyth County Probate Court, Birth & Death Certificates

Hours

Monday-Friday 8:30 AM-4:30 PM

Office

100 West Courthouse Square, Suite 008, Cumming, GA 30040

Certified copies

At the counter

Fax

1-770-886-2839

Verified November 2, 2026 · Source

Coroner or Medical Examiner Record

Coroner

Forsyth County · Forsyth County Coroner's Office

Office

2435 Freedom Parkway, Cumming, GA 30041

Verified November 2, 2026 · Source

Funeral Homes in Forsyth County

4 funeral homes and crematories in Forsyth County, each listed with the services it offers, the faiths it serves, the languages its staff speak, its address and its phone.

In Alpharetta, off GA 400 at exit 12-A (McFarland Parkway), SouthCare's Alpharetta facility opened in 2008 and offers cremation, traditional funerals and green burials, with an on-site chapel and café. It operates an on-site crematory and lets families view the cremation. SouthCare states it was the first funeral home in Georgia approved by the Green Burial Council.

BurialCremationGreen burialPre-need arrangementsVeterans servicesOut-of-state and international transport

In Cumming, McDonald & Son Funeral Home & Crematory has served the Cumming and Forsyth County area since 1997. The home states that it opened a cremation facility beside the funeral home in July 2002, operated by its own staff, and it offers pre-planning. It describes itself as a family-owned and operated business.

CremationPre-need arrangements

In Suwanee, this chapel serves families from Gwinnett, Fulton and Forsyth counties, including Cumming, Johns Creek and Milton. Its 8,900-square-foot building at Granite Way and Peachtree Parkway has a chapel seating around 200 with livestreaming, and its team supports Christian, Hindu, Buddhist, Muslim and Jewish families.

Christian funeralsHindu funeralsBuddhist funeralsMuslim funeralsJewish funerals

Funeral homes in Forsyth County →

Funeral homes by city: Alpharetta, Cumming, Suwanee

Listings are for informational purposes only. SimplyTrust does not endorse or recommend any funeral home or crematory.

Transferring Property in Forsyth 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 Forsyth County are recorded with the Clerk of Superior Court at 101 East Courthouse Square, Room 1007, 1st Floor, Cumming, GA 30040. Phone: 1-770-781-2120. Hours: Monday-Friday 8:30 AM-5:00 PM.

The Clerk of Superior Court charges $25 flat, regardless of page count.

Forsyth County requires electronic recording through the GSCCCA eFile Portal; paper documents are not accepted.

Recording Office Record

Clerk of Superior Court

Forsyth County

Phone

1-770-781-2120 (option 6)

Hours

Monday-Friday 8:30 AM-5:00 PM

Office

101 East Courthouse Square, Room 1007, 1st Floor, Cumming, GA 30040

Fax

1-678-807-1381

Verified October 16, 2026 · Source

Forms that put a death on the title

Probate Attorneys Serving Forsyth 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 Forsyth 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.

Cumming firm serving Forsyth County families through the Probate Court with estate and trust administration. Handles revocable and irrevocable trusts, probate avoidance, elder law, and Medicaid planning from its Atlanta Highway office.

Serves 1 countyFree consultationEstate PlanningTrust AdministrationProbateElder LawMedicaid PlanningWills Trusts

A Cumming firm serving North Georgia and metro Atlanta, with roots in Leon Boling's 1946 practice. Represents executors, administrators, and trustees in probate and estate administration, and drafts wills, trusts, powers of attorney, and advance health care directives alongside a real estate practice.

Since 1946Serves 1 countyEstate PlanningProbateReal EstateWills Trusts

A Duluth solo practice on Summit Ridge Parkway serving Gwinnett County and nearby cities including Norcross, Lawrenceville, Snellville, Suwanee, and Buford. Assists executors and administrators with gathering, valuing, and accounting for estate assets, paying debts, and distributing the estate, alongside estate planning and business law.

Solo PracticeServes 4 countiesEstate PlanningProbateWills Trusts

See all 8 firms serving Forsyth 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.

Legal Sources

(10)·

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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