This is an entry in a series called Cobb County Explained. To learn more about this series, visit this link to the series introduction.
If you’ve ever been in the position of handling the affairs of a deceased relative, you probably have some familiarity with what Probate Court does.
The Probate Court in Cobb County handles wills, estates and certain personal matters like marriage licenses and guardianships. It’s often the first place families turn after a death or when legal authority is needed to care for someone.
The Cobb County website lists the following activities of the Probate Court:
- Probate of wills;
- Appointment and removal of executors and administrators;
- Sale and disposition of estate property;
- Appointment and removal of guardians/conservators of minors and incapacitated adults;
- Audit of returns of executors, administrators, and conservators;
- Commitments of the mentally ill, as well as alcohol and drug abusers;
- Issuance of marriage licenses;
- Issuance of weapons carry licenses; and
- Miscellaneous services such as recording of elected officials’ oaths and bonds, and certificates of residence.
What is Probate Court?
Probate Court is a local court that deals with the legal process of settling a person’s estate after they die. This includes validating wills, appointing executors or administrators, and overseeing the distribution of assets.
The Probate Court is also one of Georgia’s three types of trial courts (along with Superior and State courts), since in counties with population more than 96,000, a party to a civil case is allowed to request a jury trial in the probate court.
It also handles other matters, such as issuing marriage licenses, weapons carry licenses, and appointing guardians or conservators for minors and adults who cannot manage their own affairs.
How it works in Cobb County
In Cobb County, the Probate Court is based in Marietta and serves residents across the county, including Smyrna, Kennesaw, Acworth and Mableton.
When someone dies, a family member or attorney typically files a petition with the court. If there is a will, the court reviews it to make sure it is valid. The judge then formally appoints an executor, named in the will, or an administrator if there is no will.
The court may require notices to heirs and, in some cases, hearings. Once debts and taxes are settled, the executor distributes the remaining assets according to the will or Georgia law.
For guardianships and conservatorships, the court reviews medical and financial information and may hold hearings before appointing someone to make decisions for another person.
Why it matters to residents
Probate Court decisions affect how property, money and responsibilities are transferred after someone dies. For families, it provides a legal structure during a difficult time and helps ensure assets are handled properly.
It also plays a day-to-day role in issuing marriage licenses and handling guardianships, which can directly affect families with children, aging relatives or loved ones with disabilities.
What to know now
Most probate cases in Cobb County are routine, but the process can take months depending on the complexity of the estate. Having a valid will can make the process faster and clearer.
Some smaller estates may qualify for simplified procedures under Georgia law, reducing time and paperwork.
Residents can file many routine petitions directly, but legal guidance is often helpful for complex estates or disputes.
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