In Buford, the Crowell Brothers chapel on Morningside Drive is one of two chapels of a family-owned funeral home, the other in Peachtree Corners. The home arranges services from traditional burial to direct cremation and offers pre-need planning with its own counselors.
What to Do When Someone Dies in Gwinnett County, Georgia
How probate works in Gwinnett County: the Probate Court record, what the process costs, and how to file there.
Probate Court Record
Gwinnett County Probate Court
Gwinnett County
Phone
Hours
Monday-Friday 8:00 AM-4:30 PM
Office
75 Langley Drive, Lawrenceville, GA 30046
Website
E-filing
Self-represented filing
Allowed
Self-help forms
E-filing
OptionalThe court accepts estate and guardianship filings through eFileGA, and filings are also taken in person or by mail. 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 requires the current version of each Georgia standard form and posts its own forms for situations no standard form covers, such as an inventory, an annual return, a successor executor and a reduction of bond. A filer who cannot afford the fees can file a Petition to Proceed in Forma Pauperis with proof of income.
Accepted payment
- At the counterCash, Credit card, Check, Money order.Filing fees are due at filing, payable to Gwinnett County Probate Court, by cash, Visa, Discover, MasterCard, personal check or money order. Each card transaction carries a separate 2.5% processing fee, and international money orders are not accepted.
Self-help center
- Auditorium Breezeway, Gwinnett Justice and Administration CenterThe Gwinnett Pro Bono Project holds a free probate clinic at the courthouse twice a month: fifteen-minute consultations with volunteer attorneys on uncontested wills, estates, administrations, guardianships and conservatorships, for people without a lawyer. Reservations are made online; walk-ins are taken until 4:00 PM if space allows.
County forms
- Petition to Reduce BondAsks the court to reduce the bond as the estate's assets are reduced.
- Application to Appoint Successor ExecutorUsed when an executor dies or resigns.
- Petition to Open Safe Deposit BoxAsks for an examination of a decedent's safe deposit box.
- Information Sheet for a Will Filed Not for ProbateAccompanies a will filed with the court without opening probate.
About the court
- The court is an expanded-jurisdiction (Article 6) probate court. Its Estate Division is on the main floor of the Gwinnett Justice and Administration Center.
Verified October 15, 2026 · Source
How Probate Works in Gwinnett 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 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. 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 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.
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 Oct 17, 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%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 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.
Beside the filing office, the court lists separate lines for Estates Division and Vital Records Division.
The Gwinnett Pro Bono Project holds a free probate clinic at the courthouse twice a month: fifteen-minute consultations with volunteer attorneys on uncontested wills, estates, administrations, guardianships and conservatorships, for people without a lawyer. Reservations are made online; walk-ins are taken until 4:00 PM if space allows.
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 Gwinnett County Self-Filing Assessment.
Gwinnett 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
While the Estates & Guardianships office and Courtroom 1-H are renovated, estate and guardianship clerks take in-person filings at the Certificates & Licensing Division on the first floor of the Gwinnett Justice and Administration Center.
Courtroom 1-H is closed; parties contact the court three business days before a hearing at 770-822-8350 or probatecourt@gwinnettcounty.com to confirm the courtroom.
SourceA pleading filed by mail is signed, verified and sent with its filing fee to the Estate Division; a pleading without its fee is returned unfiled.
SourceCourt Appearances
Proceedings may be held wholly by remote video conference, and a personal representative takes the oath remotely by the instructions the clerk sends with the appointment order.
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 Medical Examiner in Gwinnett County
In Georgia a death is registered locally, and in Gwinnett County certified copies of the death certificate are issued by Probate Court, Vital Records Division, Gwinnett County as well as by Georgia Department of Public Health - State Office of Vital Records.
Vital Records Office Record
County Vital Records Office
Gwinnett County · Probate Court, Vital Records Division
Phone
Hours
Monday-Friday 8:00 AM-4:30 PM
Office
75 Langley Drive, Lawrenceville, GA 30046
Website
Order online
Fax
1-770-822-8008
Local rule
- Every applicant presents a valid, physical, government-issued photo ID from a U.S. jurisdiction or a valid foreign passport; electronic or digital forms of ID are not accepted.
Certified copy fees
| First certified copy | $25 |
| Each additional copy ordered at the same time | $5 |
Verified November 1, 2026 · Source
Coroner or Medical Examiner Record
Medical Examiner
Gwinnett County · Gwinnett County Medical Examiner's Office
Phone
Office
320 Hurricane Shoals Road Northeast, Lawrenceville, GA 30046-4404
Website
Mail and offices
Fax
1-678-442-3155
Verified November 1, 2026 · Source
Funeral Homes in Gwinnett County
16 funeral homes and crematories in Gwinnett County, each listed with the services it offers, the faiths it serves, the languages its staff speak, its address and its phone.
Flanigan Funeral Home is at 4400 South Lee Street in Buford, with a chapel, six visitation rooms and a reception room. It offers funerals, cremations performed in its own on-site crematorium, pre-arrangements and service at the Georgia National Cemetery in Canton. It accepts pre-paid arrangements and insurance policies bought at other funeral homes, which can be transferred to it.
Hamilton Mill Memorial Chapel & Gardens in Buford was founded in June of 2000 by local families and is locally owned, with one location. It offers services from traditional burial to direct cremation, has a local crematory, and offers pre-planning. Its grounds include memorial gardens for burial services and remembrance.
Bill Head Funeral Homes and Crematory serves Duluth and Gwinnett County from its Duluth Chapel on Duluth Highway, which the family bought in 1990. The firm offers cremation in its own crematory, pre-need planning and help securing veterans' burial benefits. It is a family owned business run by the second and third generations.
Georgia Cremation's main office is in Duluth, on Buford Highway, and serves the greater Atlanta area. The firm specializes in simple or direct cremation and works with families and the Veterans Affairs office on VA benefits, military honors and inurnment at a national veterans cemetery. Someone is available 24 hours a day, 7 days a week.
Byrd & Flanigan Crematory and Funeral Service is an independently owned funeral home in Lawrenceville that has served families since 2016. It offers burial and cremation, performs cremations at its own on-site crematory, and serves Hindu families, including witnessed cremation. Families can complete its cremation arrangement and authorization forms online and return them by email.
Funeral homes by city: Buford, Duluth, Lawrenceville, Lilburn, Norcross, Peachtree Corners, Snellville
Cremation Services in Gwinnett County
14 listings
Pre-Need Funeral Plans in Gwinnett County
11 listings
Burial Services in Gwinnett County
10 listings
Veterans Funeral Services in Gwinnett County
5 listings
Funeral Transport in Gwinnett County
3 listings
Spanish-Speaking Funeral Homes in Gwinnett County
1 listing
Green Burial in Gwinnett County
1 listing
Catholic Funeral Homes in Gwinnett County
1 listing
Muslim Funeral Homes in Gwinnett County
1 listing
Listings are for informational purposes only. SimplyTrust does not endorse or recommend any funeral home or crematory.
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 at 75 Langley Drive, Lawrenceville, GA 30046. Phone: 1-770-822-8100. 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 the GSCCCA eFile Portal; paper documents are not accepted.
Recording Office Record
Clerk of Superior Court
Gwinnett County
Phone
Hours
Monday-Friday 8:00 AM-5:00 PM
Office
75 Langley Drive, Lawrenceville, GA 30046
Website
E-recording
P.O. Box 880
Lawrenceville, GA 30046
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 Gwinnett 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 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.
Serves Atlanta, Georgia, along with Fulton County, Cobb County, Cherokee County, Forsyth County, DeKalb County, Gwinnett County, and Douglas County.
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.
A Lawrenceville solo practice led by Tim Hurban, providing estate planning, wills, trusts, and probate services to Gwinnett County families for over 15 years.
Serves Gwinnett County and metro Atlanta with estate planning, probate, estate administration, asset protection, and guardianship services.
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)
- Gwinnett County Probate Court, official page
- Gwinnett County Clerk of Superior Court, official page
- Gwinnett 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.
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