What to Do When Someone Dies in Gwinnett County, Georgia
Probate in Gwinnett 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 Gwinnett 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 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 Gwinnett County, probate runs through the Probate Court at 75 Langley Drive, Lawrenceville. Gwinnett 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. 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 Gwinnett County
What probate costs in Gwinnett 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 75 Langley Drive, Lawrenceville.
Probate matters are handled through Estates Division Fax and Vital Records Division Fax. Filing and payment go through these offices, not the main clerk window.
Local procedures at this court that affect cost: Accepts cash, credit cards (Visa, Discover, MasterCard), personal check, or money order. These are county-specific and not posted on the statewide court site.
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.
The Probate Court accepts e-filing (https://efilega.tylertech.cloud/OfsEfsp/ui/landing). 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 Gwinnett 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 Estates Division Fax and Vital Records Division Fax. 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.
Not every estate requires an attorney. Estate size, asset types, and whether beneficiaries agree determine if self-filing at the Probate Court is realistic.
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
Before You File
Electronic filing through Odyssey eFileGA (Tyler Technologies) for estate and guardianship matters. In-person filings accepted at the Certificates & Licensing Division on the first floor during renovations.
Other Requirements
Estates office and Courtroom 1-H under renovation as of March 4, 2026. Estate filings temporarily processed at the Certificates & Licensing Division (first floor). Contact court three business days before a hearing to confirm courtroom location.
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 Gwinnett 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 Gwinnett County are recorded with the Clerk of Superior Court, led by Tiana P. Garner, at 75 Langley Drive, Lawrenceville, GA 30046. Phone: 770-822-8100. Hours: Monday - Friday, 8:00 AM - 5:00 PM.
Documents submitted by mail go to P.O. Box 880, Lawrenceville, GA 30046.
The Clerk of Superior Court charges $25 flat, regardless of page count.
Gwinnett County requires electronic recording through GSCCCA eFile Portal; paper documents are not accepted.
Recording Office Record
Clerk of Superior Court
Gwinnett County · Tiana P. Garner
Address
75 Langley DriveLawrenceville, GA 30046Mailing: P.O. Box 880, Lawrenceville, GA 30046
Georgia uses formal, court-supervised probate, which makes an attorney worthwhile for most estates in Gwinnett 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 Gwinnett 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.
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 Johns Creek estate planning firm serving individuals, families, and small business owners with wealth preservation, trusts, special needs planning, wills, probate, and elder law services.
PracticesEstate PlanningTrust AdministrationElder LawSpecial Needs Planningand 3 more
Office
10475 Medlock Bridge Road, Suite 215Johns Creek, GA 30097
A Lawrenceville solo practice led by Tim Hurban, providing estate planning, wills, trusts, and probate services to Gwinnett County families for over 15 years.
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.
Living trust assets, and accounts with a named beneficiary or surviving joint owner. These skip probate; some states charge the court fee only on what remains.
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