Cherokee County Probate Real Estate Agent

Cherokee County Probate Court

Where estates are filed

Estate petitions (by appointment), Cherokee County Justice Center, Suite 340

Address

90 North Street, Suite 340, Canton, GA 30114

Filing hours

Office hours Monday–Friday, 8:30 a.m. to 4:00 p.m. (court main page); call ahead, since estate petitions are by appointment

Court phone

678-493-6160 (appointments and questions)

• The court’s guide says proceedings are filed in the probate court of the county where the deceased lived in Georgia, or, for someone who lived out of state, the county where their Georgia property is located.
• Estate, guardianship and conservatorship petitions are accepted by appointment. Call 678-493-6160 to schedule one; the court also accepts completed petitions by mail.
• Court staff can answer basic questions about the standard forms and filing deadlines, but they are not allowed to choose a proceeding for you; the court suggests talking with an attorney who practices probate or estate law. Forms must be typed or legibly printed in black ink.
• If a will leaves no property that needs probate, it is still filed with the court “not for probate,” and the court lists no fee for that filing. Its guide also cautions that real estate, unlike a joint bank account, may not pass automatically to a surviving co-owner.
• Without a will, a surviving spouse or sole heir is entitled to serve as administrator; otherwise a majority of the heirs selects one. Administrators post bond and file inventories and returns unless all heirs consent to waive those requirements, and with every heir’s consent the court can grant additional powers.
• Creditors: a notice to creditors is published in the newspaper, and the court’s claims guide says claims must be filed within 90 days of the last publication. Estate files are open records you can review at the court office.
• Directions from the court: take exit 19 off I-575, then GA 20 (Hwy. 20) west into Canton.

Selling a Cherokee County Estate Home: Step by Step

1. 1Schedule and file. Call the court for an appointment. With a will: GPCSF 4 or 5 (probate in common or solemn form; the court’s guide notes common form does not become binding until four years after appointment). Without a will: GPCSF 3, Petition for Letters of Administration.
2. 2Appointment and letters. The court appoints the personal representative and issues Letters Testamentary or Letters of Administration, the document that shows who has authority to act for the estate.
3. 3Authority to sell. If the will or order does not grant the power, file GPCSF 13, Petition of Personal Representative for Leave to Sell Property (O.C.G.A. § 53-8-13). Heirs or beneficiaries are served with notice, and the court can grant the sale if no timely objection is filed.
4. 4List, contract and close. The home can be prepared and marketed while the estate is pending; the closing waits until the personal representative has authority to sign.
5. 5Returns. Unless every heir consented to waive them, the administrator files inventories and returns with the court, which account for estate property, including a sold house.

Court details are general information from the court's own pages, not legal advice. An estate attorney can confirm what your estate needs.