Fulton County Probate Records

In Fulton County, Georgia, probate records document the legal process as well as actions taken during the distribution of a deceased person's estate under court supervision. The probate process ensures that assets transfer lawfully to heirs, beneficiaries, or creditors—whether guided by a valid will or Georgia’s intestacy laws when no will exists. Probate also provides a structured framework to resolve estate matters fairly.

Probate records include wills, estate inventories, petitions, letters of administration, appraisals, court orders, and other legal filings. These records and related Fulton County court records can help establish inheritance rights, settle estate conflicts, trace lineage, and prove property ownership.

The county requires electronic filing for all probate documents, simplifying submissions for lawyers and self-represented litigants. Additionally, the probate court supplies an "Heirs Determination Worksheet" to pinpoint heirs precisely in estate cases.

Are Probate Records Public?

Yes. Fulton County probate records fall under Georgia’s Open Records Act, O.C.G.A. § 50-18-70, making them accessible to the public as court documents. Case files, including wills, estate inventories, and judicial decisions, stay open for review unless legal restrictions, court orders, or confidentiality rules apply.

However, restrictions may limit the public’s access to specific portions of the county’s probate records. Not all details in documents are open freely to public inspection, per O.C.G. A. § 50-18-72:

• Records linked to minor guardianships.
• Medical files.
• Financial statements.
• Delicate information, such as Social Security numbers or bank details.

What is Probate Court in Fulton County?

The Fulton County Probate Court holds jurisdiction over probate matters, including validating wills, appointing or removing estate executors and administrators, and overseeing conservatorships and guardianships for minors and incapacitated adults. The court oversees will execution, audits fiduciary returns, issues marriage and weapons carry licenses, and records elected officials' oaths and bonds. Additionally, it handles involuntary commitments for mental health, drug, and alcohol treatment.

Below are the court's physical locations:

The Fulton County Probate Court (Minor Guardianships)
141 Pryor Street, Southwest
Atlanta, GA 30303
Phone: (404) 612-4640

The Fulton County Probate Court (Records, Estates, Adult Guardianship)
136 Pryor Street, Southwest
Second Floor C230
Atlanta, GA 30303
Phone: (404) 612-4640

Probate Court Case Lookup

Fulton County probate court records can be accessed through the court’s Records Division. The division requires all requests for adult and minor guardianship records to be made in person at the downtown location, as its confidentiality rules prohibit access online or by mail. However, estate case searches may be requested by mail or in person at the downtown location.

To request records by mail, interested parties should mail in the following:

• A completed Estates Record Request Form
• A self-addressed stamped envelope
• A money order payable to Fulton County Probate Court.

Fulton County Probate Court
Attn: Records Division
136 Pryor Street, Southwest
2nd Floor C230
Atlanta, GA 30303

(NOTE: If the document’s page count is uncertain, an email should be sent with the decedent's name, year of death, estate number, and details of the requested documents.)

Fees: $10 for certified copies plus $1 per page, $15 for exemplified copies plus $1 per page, and $10 per estate search. Fees are non-refundable. For additional inquiries, parties should contact the Records Division.

How to Find Probate Records Online Free

Fulton County does not provide free online access to probate records. The Fulton County Probate Court's Records Division states that, due to confidentiality, certain probate record requests cannot be processed online and must be handled in person at the downtown courthouse. Individuals seeking probate documents must visit the court during business hours to inspect or obtain copies.

While Georgia maintains state-operated tools for retrieving probate records, access comes with a cost. The Georgia Judicial Gateway delivers case details for a set fee, while certified copies require a direct request to the court.

How Long Does Probate Take in Georgia

Probate cases typically take six to 12 months, according to the Fulton County Probate Court. The duration of the process depends on several factors:

• The size and complexity of the estate
• The appointment of an administrator if no will exists
• The presence of legal disputes or will contests
• The time required to settle creditor claims.

Are Wills Public Record?

Yes. Wills filed for probate in Fulton County are deemed public and can be reviewed by the masses. Once admitted to probate, wills are fully available for review.

However, wills deposited with the court for safekeeping remain confidential until the testator’s death. Also, while probate records are generally accessible, certain filings—such as guardianship records or documents sealed by the court—may be restricted.

How to Find Out If Someone Has a Will

Wills remain confidential throughout a testator’s lifetime and can only be accessed with the testator’s consent. After death, determining whether a will exists typically begins with a request to the probate court in the county where the decedent lived, died, or owned property.

If no will is found in probate records, the decedent’s estate planning attorney may have retained a copy. Attorney-client privilege remains in effect after death unless waived by the executor. If the executor is known, reaching out to this individual may be helpful, as the executor is responsible for initiating probate.

Some testators deposit wills with a court for safekeeping. In such cases, the court releases the document only to the named executor or interested individuals upon proof of death.

Fulton County Family Court Case Search

The Fulton County Superior Court Clerk's office records family law cases, including divorce, child custody, child support, adoption, and other domestic relations cases. Interested parties can visit the clerk's office in person and request records. Requesters might have to provide details such as subject names, case numbers, and filing dates. Fees apply.

However, access to certain records is restricted. The office protects confidential information in cases involving minors, sealed proceedings, or sensitive matters such as adoption and domestic violence protection orders. In such instances, only authorized parties—such as involved individuals, attorneys, or court-approved representatives may obtain copies.

Alternatively, there is remote access to publicly available family court records through "eCertification". Interested parties can visit the designated page and follow the simple prompts to access records. Fees apply.