Detailed Answer
This article explains what you need to request estate files from a county probate division in Georgia. This information helps you find and review probate court records such as wills, inventories, letters of administration, and final accounting. Please note: this is general information, not legal advice.
1. Identify the Correct Probate Court
Probate matters in Georgia are handled by the probate court in the county where the decedent lived at the time of death. If the decedent owned real estate in another county, ancillary probate may have been opened there. Confirm the proper county before submitting your request.
2. Required Information
Most Georgia probate clerks require at least the following details to locate an estate file:
- Decedent’s full name: Be sure to include any suffix (Jr., Sr., III, etc.).
- Date of death or filing date: Approximate year is often sufficient if the exact date is unknown.
- County of residence at death: Where the probate petition was originally filed.
- Case or docket number: If you have it, this speeds up the search.
- Petitioner or personal representative name: Helpful if the court has multiple estates under the same decedent name.
3. Statutory Right of Access
Under Georgia’s Open Records Act, probate court files are public records unless sealed by court order. See OCGA § 50-18-70 et seq.. You don’t need to show special interest in the estate to inspect or copy records.
4. How to Submit Your Request
- Locate the probate court clerk’s contact information on the county’s official website.
- Ask if they have a written records request form or if you may submit a letter with the required information.
- Include your name, mailing address, phone number, and a description of the documents you want (e.g., “Letters Testamentary for Estate of Jane Doe, Case No. 2021PR000123”).
- Enclose or provide payment for copying fees (often $0.50 per page) and any statutory certification fee if you need a certified copy.
- Submit your request in person, by mail, or via any online portal the county offers.
5. Fee Schedule and Timing
Each county sets its own fee schedule within state limits. Expect to pay per-page copy fees and a separate fee (e.g., $5 – $10) for each certified copy. Response times vary from same-day service to several business days, depending on request volume.
Helpful Hints
- Check if the county offers an online index of probate cases to find docket numbers quickly.
- If you lack a case number, narrow your search by death year and decedent’s county of residence.
- Ask if the clerk offers a flat-rate packet of common probate documents (petition, will, letters).
- Inquire about remote copying services or electronic delivery to avoid in-person visits.
- Keep copies of your request form and any fee receipts until your records arrive.
Disclaimer: This guide provides general information about Georgia probate records requests. It does not constitute legal advice. For advice specific to your situation, consult a licensed Georgia attorney.