Benson Funeral Home is at 309 Hardee Street in Dallas and serves families in Paulding County and the surrounding area. The family-owned home was founded in 1975, and the founders' children and grandchild carry it on. Dallas Memory Gardens, a perpetual care cemetery on Confederate Avenue in Dallas, is part of the home.
What to Do When Someone Dies in Paulding County, Georgia
How probate works in Paulding County: the Probate Court record, what the process costs, and how to file there.
Probate Court Record
Paulding County Probate Court
Paulding County
Phone
Hours
Monday-Friday 8:00 AM-4:00 PM
Office
280 Constitution Boulevard, Room 2009, Dallas, GA 30132
Website
E-filing
Self-represented filing
Allowed
Self-help forms
E-filing
OptionalThe court accepts probate filings through TrueFiling. 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
AllowedSelf-represented filers may file using the Georgia Probate Court Standard Forms (available online at gaprobate.gov or in person at the court), though the court notes forms can be difficult to complete and clerks are prohibited from giving legal advice.
Fax
1-770-443-7631
About the court
- Handles probate of wills, estate administrations, guardianships of minors and adults, year's support awards, marriage licenses, Georgia weapons carry licenses, US passports, and vital records.
Verified October 15, 2026 · Source
How Probate Works in Paulding 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 Paulding County, probate runs through the Probate Court at 280 Constitution Boulevard, Room 2009, Dallas.
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 Paulding County
What probate costs in Paulding 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 280 Constitution Boulevard, Room 2009, Dallas.
Procedures at this court that affect cost: Filing fees for every petition are due upon filing; the cost varies by petition and can include surcharges, guardian ad litem fees, appointed attorney fees, copy, publication and service fees. The court asks filers to call for an approximation of cost.
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 Paulding 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 Paulding County Self-Filing Assessment.
Paulding County Filing Requirements
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
Court Appearances
After the proper paperwork is submitted and filing fees are paid, filers are notified of a date and time to appear before the Judge.
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 Coroner in Paulding County
In Georgia a death is registered locally, and in Paulding County certified copies of the death certificate are issued by Paulding County Probate Court, Vital Records as well as by Georgia Department of Public Health - State Office of Vital Records.
Vital Records Office Record
County Vital Records Office
Paulding County · Paulding County Probate Court, Vital Records
Phone
Hours
Monday-Friday 8:00 AM-4:00 PM
Office
280 Constitution Boulevard, Room 2009, Dallas, GA 30132
Website
Fax
1-770-443-7631
Local rule
- Death certificates are paid in cash or by money order only. A copy showing the cause of death requires proof of entitlement.
Burial and cremation permits
- Issued byPaulding County Probate Court, Vital Records
Certified copy fees
| First certified copy | $25 |
| Each additional copy ordered at the same time | $5 |
Verified November 2, 2026 · Source
Coroner or Medical Examiner Record
Coroner
Paulding County · Paulding County Coroner
Phone
Website
Verified November 2, 2026 · Source
Funeral Homes in Paulding County
2 funeral homes and crematories in Paulding County, each listed with the services it offers, the faiths it serves, the languages its staff speak, its address and its phone.
Bellamy Funeral Home is on Jimmy Lee Smith Parkway in Hiram and is one of three locations of its firm, with Acworth and Marietta. It joined the firm of Collins Funeral Home of Acworth in a 2022 merger. The firm states that it is privately owned and that its own crematory serves families choosing cremation at all its homes.
Funeral homes by city: Dallas, Hiram
Listings are for informational purposes only. SimplyTrust does not endorse or recommend any funeral home or crematory.
Transferring Property in Paulding 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 Paulding County are recorded with the Clerk of Superior Court at 280 Constitution Boulevard, Room 1023, Dallas, GA 30132. Phone: 1-770-443-7527. Hours: Monday-Friday 8:00 AM-5:00 PM.
The Clerk of Superior Court charges $25 flat, regardless of page count.
Paulding County requires electronic recording through the GSCCCA eFile Portal; paper documents are not accepted.
Recording Office Record
Clerk of Superior Court
Paulding County
Phone
Hours
Monday-Friday 8:00 AM-5:00 PM
Office
280 Constitution Boulevard, Room 1023, Dallas, GA 30132
Website
E-recording
Fees
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 Paulding 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 Paulding 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 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.
A Dallas firm handling Paulding County estate and probate matters, including ancillary probate for out-of-state families holding Georgia property. Walks executors and administrators through petition filing and qualification, inventory and appraisal, creditor notices, asset distribution and deed preparation, and estate closing, and represents beneficiaries and surviving spouses in estate disputes.
A Kennesaw firm on Ridenour Boulevard serving Kennesaw, Marietta, and Acworth. Attorneys Shelley Elder and Stephen Crane handle probate alongside wills, revocable and irrevocable trusts, and special needs trusts, and Stephen Crane also handles real estate closings.
Serves as west Georgia and Douglas County's estate planning attorneys, handling estate planning, probate, elder law, wills, and civil litigation across the Atlanta metro area.
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)
- Paulding County Probate Court, official page
- Paulding County Clerk of Superior Court, official page
- Paulding 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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