Cobb County Probate Records

Probate records are official legal documents that facilitate the distribution of a deceased person's estate. The Cobb County Probate Court manages and provides public access to these records, much like other Cobb County court records. Probate records encompass wills, estate details, letters of administration, inventories, appraisals, and bills of sale. These records ensure that a deceased person's assets are distributed equitably, liabilities are settled, and disputes among heirs, beneficiaries, and creditors are minimized.

Are Probate Records Public?

Yes. The Ga. R. Super. Ct. 21 and the Georgia Open Records Act allow for the disclosure of probate records. Therefore, the Cobb County Probate Court publicly discloses probate records like wills, trusts, conservatorships, and guardianships to members of the public. However, the court will not release records relating to legal matters that are considered confidential to the public. For example, permanent records relating to weapons carry licenses are not available to the public.

What is Probate Court in Cobb County?

The Cobb County Probate Court's primary function is to administer estates and guardianships according to state law. It has exclusive jurisdiction in matters pertaining to:

• Probate of wills
• The sale and disposition of estate properties
• Issuance of marriage and weapons carry licenses
• Audit of returns of administrators, executors, and conservators
• Commitments of mentally ill persons and alcohol and drug abusers
• Appointment and removal of executors, administrators, and guardians/conservators of minors and incapacitated adults
• Miscellaneous services include recording elected officials' oaths, bonds, and residence certificates.

The Cobb County Probate Court is located at:

Cobb County Probate Court
32 Waddell Street
Marietta, GA 30090
Phone: (770) 528-1900
Fax: (770) 528-1996

Probate Court Case Lookup

Individuals can obtain probate court case records by mail or in person at the Cobb County Probate Court. Certified copies of such records cost $10 each plus $1 per page for each additional document. Mail requests should include a written letter containing the estate's name and number, the document the requester wishes to certify, and the number of certified documents they are requesting. The record seeker must provide a return address and enclose payment with the request. In-person requesters can also visit the courthouse from Monday to Friday, 8 a.m. - 4:30 p.m., with a written request that includes information about the desired record. The clerks at the front desk will ask to see the customer's ID before processing the request.

To conduct probate court record searches for free, individuals can use the Cobb County Probate Court's Case Records Search Portal. Users will need a name or case number to locate the desired record. Name searches will bring up a list of cases, while case number searches will take users to the summary page for the case.

How to Find Probate Records Online Free

Members of the public can view probate records on the Cobb County Probate Court's Case Records Search portal at no cost. Inquirers may enter a name or case number in the appropriate search box to conduct the search. Then, they can select the appropriate court type and case type to locate the specific record. Click the search button, and the portal will return information immediately. This portal's users must remember that free searches return limited information. Therefore, individuals would need to submit a mail or in-person request to the Cobb County Probate Court for a fee if they need detailed probate records.

How Long Does Probate Take in Georgia?

The length of time probate takes in Georgia depends on several variables. The size of the estate is a significant factor because estates with many assets can complicate the distribution process. Another variable is whether the deceased person had a will. If there is no will in place, the judge will require more time to appoint an administrator. Also, the probate process can be prolonged if a party petitions the probate court if the will is not being followed. Generally, a probate process can take an average of 6 to 12 months.

Are Wills Public Record?

Yes, Wills are public records in Cobb County after the death of the testator. However, live wills filed with the Cobb County Probate Court for safekeeping are only open to the testator and their attorney. Anyone can easily find a deceased person's will online at the Cobb County Probate Court's Case Records Search portal for free. They can even visit the courthouse to obtain copies of wills during business hours.

How to Find Out If Someone Has a Will

A will is an official document probated by a court in which an individual specifies how their property should be distributed upon death. Individuals can check the probate Court in the county where their loved ones died to find out if they left a will on file with the court. Most courts have online portals where people can efficiently search for wills for free. If the deceased person had an attorney before they died, individuals can consult with the attorney to check if the will is with them.

Cobb County Family Court Case Search

The Cobb County Superior Court has exclusive equity jurisdiction over all family cases available to the public. However, family court records like adoption are considered confidential. Individuals can find public family records like divorce, family violence petitions, and child support online or in person at the courthouse. Online requesters can conduct a search using the Court Records Search tool for free. They must click the Civil Search link and search by case number, party name, CSE number, system-wide search, or filing date. Tick the domestic and child support boxes to streamline the search. In-person customers can visit the courthouse from Monday to Friday, 8 a.m. to 4:30 p.m., to obtain copies of family court records. The staff will require the customer to complete a form, and the information provided will be used to locate the desired record. Copies attract a fee, and the office is located at:

Cobb County Superior Court
70 Haynes Street
Marietta, GA 30090
Phone: (770) 528-1300