What to Do When Someone Dies in Henry County, Georgia
Probate in Henry 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 Henry 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.
Paper filing availableWalk-ins acceptedSelf-filing allowed
Accepted paymentCash, Check, Money order, Credit card, Debit card. Cash accepted (bills up to $50, exact change preferred). Visa/MasterCard/American Express accepted with card processing fees. Personal checks limited to local Henry County checks numbered 500 or higher. Money orders accepted.
Located in the Henry County Judicial Center. TTY 770-288-6818. Article 6 expanded-jurisdiction county with associate judge.
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 Henry County, probate runs through the Probate Court at 99 Sims Street, McDonough.
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 Henry County
What probate costs in Henry 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 99 Sims Street, McDonough.
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.
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 cases in Henry County are filed at the Probate Court. File in person during business hours or by mail.
How to File Your Documents
Paper Filing Available
You can file your probate documents in person at the court or by mail.
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.
You can file in person without an appointment. Probate/guardianship and vital records counters operate on walk-in hours; marriage licenses are by appointment only.
Accepted payment
Cash, Check, Money order, Credit card, Debit card. Cash accepted (bills up to $50, exact change preferred). Visa/MasterCard/American Express accepted with card processing fees. Personal checks limited to local Henry County checks numbered 500 or higher. Money orders accepted.
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 Henry 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 Henry County are recorded with the Clerk of Superior Court, led by Sabriya Hill, at 1 Courthouse Square, McDonough, GA 30253. Phone: 770-288-8022. Hours: Monday - Friday, 8:00 AM - 5:00 PM.
The Clerk of Superior Court charges $25 flat, regardless of page count.
Henry County requires electronic recording through GSCCCA eFile Portal; paper documents are not accepted.
Georgia uses formal, court-supervised probate, which makes an attorney worthwhile for most estates in Henry 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 Henry 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 Stockbridge estate planning and elder law firm, with a second office in Peachtree City, serving the Atlanta area since 1991. Represents executors in probate and trustees in trust administration, and handles Medicaid planning, guardianship and conservatorship proceedings, and special needs planning.
PracticesEstate PlanningTrust AdministrationElder LawGuardianshipand 4 more
A south metro Atlanta firm with offices in Stockbridge, McDonough, Jackson, Barnesville, Peachtree City, and Griffin. Handles estate administration and probate, estate litigation, guardianships and conservatorships, and powers of attorney, and establishes revocable living, special needs, marital, and irrevocable life insurance trusts.
PracticesEstate PlanningTax PlanningConservatorshipGuardianshipand 2 more
A Valdosta-founded firm, with offices in Atlanta and Jacksonville, Florida, practicing since 1937. Its Estate & Private Wealth group handles trust and estate planning, estate and trust administration, guardianships, conservatorships, and probate controversies.
PracticesEstate PlanningTrust AdministrationProbate LitigationConservatorshipand 2 more
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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Probate fee bases vary by state and may use gross estate, personal property, inventory value, or net property after debts. This calculator provides educational estimates only and does not constitute legal or financial advice. Actual costs vary significantly by county, attorney, and estate complexity. Consult a licensed attorney in your state for guidance specific to your situation.
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Henry County Guides
Step-by-step tools for families in Henry County, Georgia.
