Probate Court
Probate Judge: Walter J. Clarke


Probate Courts in Georgia

Each county has only one Probate Judge, regardless of the population in the county. The Probate Judge serves four-year terms.

To assist the judge in handling the large volume of motions/petitions filed with the court, probate clerks review each petition when it is filed to ensure that it complies with the law; however, Probate Clerks cannot give legal advice to any party. Most estate and guardianship filing require the clerks to issue and serve specialized citations on all interested in the action.
Gwinnett County Probate Court Jurisdiction

The Gwinnett County Probate Court has exclusive jurisdiction over the probate of Wills and general jurisdiction over a variety of other legal matters, including:
  • Estates: The probate or "proving" of Wills, the granting of letters testamentary and of administration (giving the executor, if a Will is involved, administrator, if a Will is not involved, legal authority to act on behalf of an estate) controversies regarding executors or administrators; the sale and disposition of property belonging to the estates of deceased persons'; the construction of Wills and all other matters and things as appertaining or related to estates of deceased persons
  • Guardianships and Conservatorships: The appointment and removal of guardians and conservators of minors, persons who are disabled because of mental and physical disabilities, and all controversies as to the right of guardianship, except the removal of parent custody, and all other matters and things as appertaining or related to estates of persons who are disabled
  • The auditing and passing of returns of all administrators and conservators
  • The discharge of former sureties (bonding company) and the requiring of new sureties from administrators and conservators
  • Some duties regarding the examination and treatment of mental illness: issue orders to apprehend for involuntary mental evaluation and issue orders to commit to inpatient or outpatient hospitalization on involuntary basis if sufficient evidence presented
  • The administration of oaths to public officers
  • The acceptance, filing, approval, and recording of surety bonds of public officers
  • The registration and permitting of certain enterprises: Issue peddlers' licenses, fireworks permits, and firearms licenses
  • The issuance of marriage licenses and maintenance of birth and death records
  • In some instances, the removal of obstructions from roads
  • The issuance of declaratory judgments involving fiduciaries in some instances
  • The approval of tax motivated estate planning dispositions of "conservatorship" property
  • The appointment of new trustees to replace trustees and acceptance of the resignation of a trustee under certain circumstances

Synopsis

2010 Authorized Strength: 21

Operating Budget: 2010 Budget Appropriations
General Fund: $1,670,044