Traffic Court Information

• For court dates, contact Probate Court at 706-253-8755.
• Failure to Appear will be issued for failure to pay and/or attend Court on your designated arraignment day and will result in a possible suspension of your Georgia driving privileges or bench warrant.
• Bench Warrants, contact Probate Court at 706-253-8755.
• Application for the Services of a Public Defender.

Payment Information

• Payments can be made in the office, by mail, or online.
• You can pay online at www.ezcourtpay.com.
• You can pay in office Monday – Friday between the hours of 8:00am – 4:00pm.
  We accept cash, money order/cashier’s checks, and Visa or Mastercard credit/debit cards (processing fees apply)
• You may mail money orders/cashier’s checks to the address below. Include your name or citation number on your money order. If you do not pay prior to your court date, you must come back to:
  
  Pickens County Probate Court
  50 North Main Street
  Jasper GA 30143

Required to Attend Court

• All arrestable offenses (including but not limited to DUI, Suspended License, No License, VGCSA)
• Offenses which suspend driver’s license (including but not limited to hit and run/leaving scene, speeding by over 24 mph by a under 21 driver, fleeing, suspended registration, and racing)
• Speeding tickets 100 MPH and faster
• If you are requesting Nolo Contendre Plea, Driving School, or Community Service

Super Speeder Law

Super Speed Limitations:

• The Super Speed fine is imposed by the State of Georgia and is NOT associated with Pickens County Probate Court
• 75 MPH or more on any two lane road, or
• 85 MPH or more anywhere in Georgia
• Defendant will be notified of an additional $200 fine which must be paid to the Department of Driver Services within 120 days or the license will be suspended
• Find more information regarding the Super Speeder Law (OCGA §40-6-189) at the Georgia Department of Drivers Services.

License Information

For Georgia License Information, please call the Georgia Department of Drivers Services at 678-413-8400

Introduction

There are a number of different proceedings which may be filed in the Probate Court following the death of a Georgia resident or a nonresident who owned property in Georgia. Proceedings are filed in the Probate Court of the County of Deceased’s residence or a County where property of a nonresident is located.

This pamphlet briefly describes the usual initial proceedings. For each proceeding described, there is a standard form which the Court will provide to any person.

It is recommended that you discuss matters of concern with an attorney who practices probate or estate law. An attorney can assist you in determining which proceeding is the most appropriate for your particular situation. Very often, there are other matters (e.g., tax returns, preparation of deeds, title transfers, etc.) which may also make it necessary for you to seek the services of an attorney.

If you proceed without an attorney, it will be your responsibility to determine or select the proceeding appropriate to your situation. Probate Court Staff may not make the determination or selection for you, since to do so may constitute the unauthorized practice of law, a misdemeanor under Georgia law. Neither the Court nor the county can accept responsibility for incorrect decisions made by staff, and the staff members have been directed to refrain from giving such advice.

It is also your responsibility to properly complete all forms, which must be typed or legibly printed in black ink. Staff are not permitted to perform stenographic tasks for the public. Staff may be able to answer general questions about the standard forms, deadlines for filing of proceedings, scheduling uncontested hearings, and how other matters are scheduled by the Court.

The Probate Judge is required by law to remain impartial to all parties. The Judge must treat every case as though it may become contested. Therefore, the Judge may not advise you on which proceeding is most appropriate to your case. The Judge is prohibited from discussing the facts or evidence in any contested case with a party unless all parties are present. You should not ask to discuss your case privately with the Judge, and you should understand if the Judge stops any conversation with you which he deems to require the presence of others.

Procedures Available For Decedents’ Estates

When There Is a Will

Solemn Form Probate: This procedure requires notice to all heirs-at-law and becomes binding upon all parties immediately upon appointment of the Executor. All heirs must be duly served or must acknowledge service. The Court will appoint a Guardian ad litem for each minor or incapacitated adult heir. The notice requires anyone having a legal cause to object to the Will (“contest it”) to file the objection by a certain deadline. “Heirs-at-law” are the persons who would inherit the estate if there were no lawful Will; they may or may not be beneficiaries under the Will. The original Will must be filed before or at time petition to probate is filed and proof of the execution of the Will must be provided by Interrogatories or other legal proof of Witness. Since March 28, 1984, it has been possible to have a will or codicil “self-proven” by means of a specially worded affidavit signed by the Testator and Witnesses.

Common Form Probate: This procedure may be done without notice to heirs but does not become legally binding for four years after the appointment of the Executor. The requirements of filing the original Will and proof of proper execution are the same as with solemn form probate. Heirs and others legally interested in the estate may file a petition that the Will be offered for probate in solemn form so that objection may be filed to it, at any time up to four years after the common form probate.

Probate Will in Solemn Form & for Letters Administration With Will Annexed: If there is a Will but the named Executor(s) is/are either unable or unwilling to serve, an Administrator with Will Annexed may be appointed. If a named Executor is still living, he/she must sign a document that he/she declines to serve, or there must be testimony that the nominated Executor is unable to serve, in which case he/she must be served as are the heirs.

Will Filed Only, Not Probated: If there is no property to pass under the Will, probate is not necessary. However, the Will of a Deceased must be filed with the Probate Court. Real estate, unlike joint bank accounts, may not automatically pass to a surviving co-owner. If the only property in the estate is a motor vehicle, title may be transferable through the Tag Office without probate being necessary. There is no cost to file a Will not offered for probate.

When There Is No Will

Permanent Administration: This procedure requires notice to all heirs. A surviving spouse or sole heir is entitled to serve as Administrator; otherwise, the administrator must be selected by a majority of the Deceased’s heirs. Administrators must post bond and file inventories and returns, unless ALL heirs-at-law consent to a waiver of those requirements If ALL heirs consent, the Administrator may be given additional powers and authority. Natural guardians of minor heirs and legal guardians of incapacitated adult heirs may acknowledge service, consent to selection and consent to waive requirements, unless guardian is Applicant.

Temporary Administration: Notice to all heirs-at-law is not required, but a majority of the heirs-at-law must select the Temporary Administrator, unless the Applicant is the surviving spouse or sole heir. Powers are limited to collecting and preserving the assets of the Deceased. No expenditures, disbursement or transfer of title may be made without a special court order. Temporary administrators must post bond and file inventories and returns. When selection is required, natural guardians of minor heirs and legal guardians of incapacitated adult heirs may consent to selection unless the guardian is the Applicant.

No Administration Necessary: If there is no Will, all heirs are over the age of 18 and not under any legal disability, all debts have been paid (or if all creditors consent), there is no need for formal administration, and the heirs have agreed on how the estate will be divided, this proceeding may be filed. Any creditors who have not consented to entry of Order Declaring No Administration Necessary must be served and not object.

Whether or Not There Is a Will

Year’s Support: This proceeding may be filed only for the benefit of a surviving spouse and/or minor children of a Deceased. Minor children must be given a share of a year’s support award. The Application asks that specific, identified property be awarded to the spouse and/or minor children. Notice must be given to all “interested persons”. Property awarded as year’s support is free of all unsecured debts of the Deceased’s Estate, and the Award takes precedence over any disposition by Will.

Petition to Enter Safety Deposit Box: This proceeding is usually used when there is thought to be a Will in a safety deposit box. The order authorizes a bank to open and examine contents of the box in the presence of the petitioner. If a Will is found, the bank must deliver it directly to the Probate Court. Insurance policies may be delivered to the named beneficiaries, and petitioner may receive burial instructions and deed to a burial plot. Other contents must remain in the box until an Executor or Administrator is appointed.

Glossary

• Administrator – The person who administers a decedent’s estate when there is no will.
• Administrator with Will Annexed – The person who administers a decedent’s estate when there is a Will, but the Will either fails to name an Executor, or the named Executor cannot or will not serve.
• Decedent – The deceased person.
• Executor – The person who administers a decedent’s estate when there is a Will.
• Heirs at Law – Those persons who would inherit the estate if there were no Will.
  Intestate Without a Will.
• Letters Testamentary/Letters of Administration – The official document issued by the Probate Court evidencing the authority of an executor or an administrator.
• Probate – The court procedure by which a Will is proved to be the valid last Will and Testament of a decedent; also used generically to refer to the legal process of administering a decedent’s estate.
• Probate Court – The Court having jurisdiction over proceedings to administer the estate of a decedent; also has jurisdiction over many other matters.
• Testator – Person who has made a Will.
• Will – A document, signed with the formalities required by Georgia law, by which a person makes disposition of his property, to take effect after his death.

This information is a revision of the writing of Honorable William J. Self, II, Judge of the Probate Court of Bibb County, Georgia, and Ms. Dianne Brannen, Ombudsman for the Probate Court of Bibb County, Georgia. Judge Self received his B.B.A. and J.D. degrees from the University of Georgia. Ms. Brannen received a B.M. degree from Wesleyan College, an M.B.A. degree from California State University, Los Angeles, and a J.D. degree from Mercer University.

Probate Court has exclusive jurisdiction over the probate of wills, administration of estates, temporary guardianships of minors, permanent guardianship and conservatorship over minor and adult wards, and applications for year’s support awards.

There are filing fees associated with all petitions and these fees are due upon filing the petition. Once the proper paperwork is filed and the fees are paid, you will be scheduled a time to appear before the Judge and have your petition heard as all matters are handled by appointment only. Forms for these procedures and additional information are available in the office or online at www.gaprobate.gov.

Pickens County Probate Court is the custodian of vital records for Pickens County. Georgia law dictates what relations may obtain a birth certificate for another person. For further information regarding vital records, paternity acknowledgements, legitimations, amendments and corrections, and delayed birth certificates, please contact our office or visit:

• Georgia Department of Public Health – Vital Records Forms

The Probate Court issues firearms licenses, also known as “Georgia Weapons Carry License” as governed by O.C.G.A.§16-11-126 through 134. Applicants are encouraged to read the applicable law prior to making application to ensure a better understanding of your rights and responsibilities. You may obtain a copy of the applicable law in the office.

• Applications will be accepted on normal business days between the hours of 8:00am – 4:00 pm.
• You must be a Pickens County resident and provide a valid photo ID.
• The fee for application and fingerprint processing is $79.00 ($30.00 for RENEWALS if you already have a valid Georgia issued weapons carry license).
• You may pay by cash, money order/cashier’s check, Visa or MasterCard credit/debit card (processing fees apply).
• It takes approximately two weeks to process the application and mail the license to approved applicants.
• The license is valid for five (5) years, at which time you must reapply for a new license.
• Be aware that prior convictions for certain offenses will disqualify you from obtaining a firearms license. Some of those offenses include, but are not limited to, convictions arising out of domestic violence, weapons violations and drug related offenses, if you’ve not been free from supervision for at least five (5) years.

Additional IMPORTANT Information

To apply for a firearms license in this court, you must be 21 years of age or older and be a resident of Pickens County. If the applicant is AT LEAST 18, has completed basic training in the armed forces of the United States, AND provides proof that he or she is actively serving or has been honorably discharged they may be issued a license if no other prohibitors apply.

If you are between the ages of 18 and 21, the following documents are required for application:

• an active duty ID card
• proof of residency in Pickens County
• documentation showing completion of basic training

Applications MUST be filled out with the name exactly as it appears on the Driver’s License.