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ABOUT US

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OUR PROBATE SERVICES

At Emanuel County Probate Court we offer all of the standard probate services that you can find elsewhere in the state of Georgia. The probate court has the exclusive but limited jurisdiction of the administration of the estate's of deceased persons,and the appointment of guardians for minors and incapacitated adults. The probate court also issues Georgia Weapons Carry Licenses.

OUR VITAL RECORDS SERVICES

Vital records are the records of major life events which usually have legal ties that are kept and recorded by each county and at the state vital records office in Atlanta, Georgia. We issue certified copies of birth and death certificates beginning as early as 1917, and we can issue birth and death certificates for anyone born or deceased in the state of Georgia. We also issue marriage license for applicants that are 18 years and older and for applicants that are age 16 and 17 with custodial parental consent and we also perform wedding ceremonies.

If you were born outside the state of Georgia you can acquire the fees and addresses for other states (click here)

SERVICES

*Click on a box below to see more information.

Obtaining a Birth Certificate

The requirements to obtain a certified birth certificate are as follows:

  • Must have following relationship to the applicant : Self, Parent, Legal Guardian, Grand-Parent, Adult Brother or Sister, Adult Child, Spouse, or Legal Representative
  • Must have valid ID (click here for ID Requirements Form)
  • If requested by mail, we will require a copy of your valid ID
  • $25 search fee which includes one certified copy and $5 fee for each additional copies purchased at the same time.
  • Our office accepts local checks, cash, money orders, or cashiers checks only.
  • Full name of child, date of birth, county of birth, mother's maiden name and mother's date of birth
  • Telephone number and return address
  • Fill out and print out this form: (click here for the Form)
  • Mail to Emanuel County Vital Records, P.O. Box 70, Swainsboro, Georgia 30401
  • If you receive a document stating "No Record On File" then you do not have a birth certificate and you will need to follow the directions to file for a delayed birth certificate that may be found by clicking ( Here )

Amending a Birth Certificate

Errors to birth certificates may be corrected by filing an amended birth certificate. The requirements to do so are listed below:

  • The new amended birth certificate must be signed by self, parents, or legal guardian.
  • Need valid ID
  • Must have Certified Copy of the original Birth Certificate
  • Filing fee is $10
  • $25 for a new birth certificate if you wish to purchase one at time of correction.
  • For a list of documents required and instructions to file for an amended birth certificate, please visit the Amended Birth Certificate Instructions Page
  • For a list of required documents to amend a birth certificate please click ( Here )
  • The form to file for an Amended Birth Certificate may be found ( Here )

Delayed Birth Certificates

If you currently do not have a birth certificate on file you may file for a Delayed Birth Certificate; the requirements to do so are listed below:

  • Must have a valid ID
  • Must have a Certified copy of a no-record on-file
  • Full name at birth
  • Date and Place of Birth
  • Full maiden name of mother and full name of father unless parents were not married at time of conception/birth.
  • Place and Date of Birth of parents.
  • $10 filing fee; $25 for new birth certificate
  • For a list of required documents to file for a delayed birth certificate please click ( Here )
  • For a list of documents required and instructions to file for a delayed birth certificate, please visit the Delayed Birth Certificate Instructions Page

Current Year Birth Certificate Correction

If you wish to correct errors on your child's birth certificate and your child is not over one year of age, you may file a Current Year Birth Certificate Correction. Requirements:

  • Need valid ID from parents
  • Certified copy of child's original birth certificate
  • There is no filing fee. You may pay $25 for a certified copy of the new birth certificate
  • The form for filing a Current Year Corrections for both parents may be found ( Here ); if no father is named on the birth certificate the mother may file for a Current Year Corrections ( Here ).

Death Certificates

Death certificates are open to the public. You must be a member of the immediate family to acquire a death certificate with the cause of death. Our Death certificates on the local level begin at 1927 and back to 1917 in our state office. To acquire a death certificate you will need the following:

  • Name of Deceased
  • Date of Death
  • Relationship to Deceased
  • $25 search fee which will include one certified copy
  • $5 for each additional copy if purchased at the same time
  • Fill out and mail in this form: (click here for the Form)
  • Mail to Emanuel County Vital Records, P.O. Box 70, Swainsboro, Georgia 30401

Marriage License

We offer Marriage License to anyone who is over the age of 18 and to minors who are 16 or 17 with the signature of the custodial parents. No blood test is required in the State of Georgia to obtain the license. Both the bride and groom must apply and sign the application in the presence of the clerk. The requirements to obtain a Marriage License are as follows for both parties:

  • Valid ID of Bride and Groom
  • Address and Phone Number
  • Date of Birth and Place of Birth
  • Social Security Number and Place of Employment
  • Parents' name including mother's maiden name
  • Parents' addresses
  • Parents' places of birth
  • If either party has been married previously, they must have a copy of the final decree of a divorce or a certified copy of the death certificate if previous spouse is deceased.
  • If bride or groom are 16 or 17, they must have the signature of their custodial parents.
  • $76 in cash or local check without premarital counseling or $36 with premarital counseling
  • The Application for premarital counseling may be found here: Premarital Education Certification
  • The information needed to file for a marriage license may be found here: Marriage Application Information Form

Georgia Weapons Carrying License

We provide Georgia Weapons Carrying License for the citizens of Emanuel County. A copy of the laws and reciprocating states will be provided to each applicant with the license. The requirements to obtain a license are as follows:

  • Applicant must be 21 years of Age
  • Applicant must have a valid ID
  • Licenses are $75 payable to the Probate Court by cash or local check
  • Applicant must be a resident of Emanuel County

For a list of prohibitors that will prohibit you from obtaining a Georgia Weapons Carrying License you may click here: Weapons License Prohibitors

Court Costs and Fees

1. All sums the court is required to collect under Code Sections 15-23-7 (ADR fees), 15-9-60.1 (Children's Trust Fund fees), 15-21A-6 (Indigent Defense fees), and 36-15-9 (Law Library fees), and any other sums required by law to be collected as add-ons or additions to court costs are in addition to the sums below. See Code Sections 15-9-60(b) and 15-21A-6

2. The costs set forth below are exclusive of costs for service of process, fees for publication of citation or notice, and any additional sums as may be provided by law. The cost of service by certified or registered mail or statutory overnight delivery for purposes of service is a cost of service. Likewise, the cost of first-class postage when service is sent in such manner in accordance with law is a cost of service of process. These charges may be added to the court costs if not paid directly by the petitioner.

3. Fees for guardians-ad-litem, court-appointed attorneys, and court-appointed evaluators, when collected by the court, are in addition to the above court costs; otherwise, such fees are payable directly to the person providing the service.

4. Except where specifically provided, recording charges are in addition to the other court costs

5. Highlighted boxes denote a price change from last year.

# Code Section 15-9-60 Type of Proceeding, Pleading, Document, Service or Action GPCSF No.,if applicable Cost (Initial) Cost (Subs.) Subject to Indigent Defense Fee of $15 Subject to other add-ons and fees
Decedent's Estates
1. (e)(1)-(4) Petition for Temporary Letters of Administration GPCSF 2 $130 $75 No Yes
2. " Petition for Letters of Administration GPCSF 3 $130 $75 Yes Yes
3. " Petition to Probate Will in Common Form GPCSF 4 $130 $75 No Yes
4. " Petition to Probate Will in Solemn Form GPCSF 5 $130 $75 Yes Yes
5. " Petition for Order Declaring No Administration Necessary GPCSF 9 $130 $75 Yes Yes
6. " Petition to Probate Will in Solemn Form and for Letters of Administration with Will Annexed GPCSF 7 $130 $75 Yes Yes
7. (e)(1)-(4) Petition for Year's Support GPCSF 10 $130 $75 Yes Yes
8. (e)(5) Petition for Letters of Administration with Will Annexed (Will Previously Probated) GPCSF 8 $50 $50 Yes Yes
NOTE: Except for Temp. Letters of Admin. and Probate in Common Form, the Indigent Defense fee of $15 is charged on EACH above-described petition filed, even if multiple petitions are filed in a single case. See O.C.G.A. §15-21A-6(b)(1)(A).
9. (e)(1)-(4) Petition for Presumption of Death of Missing Individual Believed to be Dead GPCSF 18 $130 $75 No Yes
10. " Any proceeding for ancillary admin. by a foreign personal representative No form $130 No Yes
11. " Any other proceeding by which the jurisdiction of the court is first invoked concerning a decedent's estate No form $130 No Yes
12. (e)(5) Petition of Personal Representative for Leave to Sell Property GPCSF 13 $50 No Yes
13. " Petition for Leave to Sell Perishable Property by Personal Representative GPCSF 71 $50 No Yes
14. " Petition for Leave to Sell or Encumber Property Previously Set Aside as Year's Support GPCSF 17 $50 No Yes
15. " Petition by Administrator for Waiver of Bond and/or Grant of Certain Powers GPCSF 32 $50 No Yes
16. " Petition for Discharge GPCSF 33 $50 No Yes
17. " Petition for Approval of Division in Kind No form $50 No Yes
18. " Petition to Determine Heirs No form $50 No Yes
19. " Petition for Direction under Will No form $50 No Yes
20. " Petition of Personal Representative to Compromise a Disputed Claim or Debt No form $50 No Yes
21. " Petition by or against personal representative for an accounting or final settlement No form $50 No Yes
22. " Petition to Resign as Personal Representative and for Appointment of a Successor No form $50 No Yes
23. " Petition to Remove a Personal Representative and for Appointment of a Successor No form $50 No Yes
24. " Citation against a personal representative for failure to make returns or for alleged mismanagement of estate No form $50 No Yes
25. " Caveat, objection or other responsive pleading filed by person to whom notice or citation issued No form $50 No Yes
26. " Petition or Motion to intervene as Interested Party No form $50 No Yes
27. " Any other petition, application, motion or other pleading in an estate for which no cost is set No form $50 No Yes
28. (e)(6) Petition to Change Accounting Period No form $25 No Yes
29. " Petition to Enter Safe-Deposit Box No form $25 No Yes
30. " Petition/Motion for Attorney's Fees No form $25 No Yes
31. " Petition/Motion for Extra Compensation No form $25 No Yes
32. " Inventory, Appraisement, or Annual,Intermediate or Final Return No form $25 No Yes
33. (e)(7) Notice of Claim or Claim of Creditor No form $10 No No
34. " Declination to Serve as Personal Representative No form $10 No No
35. " Renunciation of Right of Succession No form $10 No No
Minor Guardianships/Conservatorships
NOTE: In ALL minor guardianship/conservatorship cases, the Indigent Defense fee of $15.00 is charged ONE TIME ONLY on the first proceeding by which the jurisdiction of the probate court is first invoked with regard to a named minor. In the list below, "FF" denotes the proceedings to which the fee may apply. See O.C.G.A. §15-21A-6(b)(1)(B).
1. (f)(1) Petition for Temporary letters of Guardianship of the person of Minor GPCSF 28 $75 No Yes
2. " Petition for Letters of Guardianship of Minor GPCSF 29 $75 FF Yes
3. " Petition for Letters of Conservatorship of Minor GPCSF 30 $75 FF Yes
4. " Petition for Receipt and Acceptance of Foreign Guardianship and/or Conservatorship GPCSF 31 $75 FF Yes
5. " Any other proceeding by which the jurisdiction of the court is first invoked with regard to the person and/or property of a minor No form $75 FF Yes
6. " Petition of Conservator for Final Settlement of Accounts and Discharge from Office and Liability GPCSF 34 $75 No Yes
7. (f)(2) Petition of Conservator for Leave to Sell, Rent, Lease or Otherwise Dispose of Property GPCSF 14 $70 No Yes
8. " Petition to Compromise Doubtful Claim of Minor/Ward GPCSF 19 $70 FF Yes
9. " Petition for Leave to Encroach on Corpu GPCSF 20 $30 No Yes
10. " Petition to Change Accounting Period No form $25 No Yes
11. " Minor Conservatorship Inventory and Asset Management Plan No form $30 No No
12. " Annual, Intermediate or Final Return of Conservator No form $30 No No
13. " Petition or motion for attorney's fees No form $70 No No
14. " Petition to Terminate Temporary Guardianship of Mino No form $30 No No
15. " Any other petition, application, motion or other pleading filed regarding an existing guardianship of a minor No form $30 No No
Adult Guardianships/Conservatorships
NOTE: In ALL adult guardianship/conservatorship cases, the Indigent Defense fee of $15.00 is charged ONE TIME ONLY on the first proceeding by which the jurisdiction of the probate court is first invoked with regard to a named adult. In the list below, "FF" denotes the proceedings to which the fee may apply. See O.C.G.A. §15-21A-6(b)(1)(C).
1. (g)(1) Petition for the Appointment of an Emergency Guardian and/or Conservator for a Proposed Ward GPCSF 11 $150 FF Yes
2. " Petition for the Appointment of a Guardian and/or Conservator for a Proposed Ward GPCSF 12 $150 FF Yes
3. " Petition for Receipt and Acceptance of Foreign Guardianship and/or Conservatorship GPCSF 60 $150 FF Yes
4. " Any other proceeding by which the jurisdiction of the probate court is first invoked with regard to an adult alleged to be incapacitated No form $150 FF Yes
5. (g)(2) Petition of Conservator for Leave to Sell, Rent, Lease or Otherwise Dispose of Property GPCSF 14 $70 No Yes
6. " Petition to Compromise Doubtful Claim of Minor/Ward GPCSF 19 $70 No Yes
7. " Petition for Leave to Encroach on Corpus GPCSF 20 $30 No Yes
8. " Petition to Change Accounting Period No form $25 No Yes
9. " Adult Conservatorship Inventory and Asset Management Plan GPCSF 58 $30 No Yes
10. " Annual, Intermediate or Final Return No form $30 No Yes
11. " Petition or motion for attorney's fees No form $70 No Yes
12. " Petition for the Restoration of an Individual Found to be in Need of a Guardian and/or Conservator GPCSF 65 $70 No Yes
13. " Petition of Conservator for Final Settlement of Accounts and Discharge from Office and Liability GPCSF 34 $75 No Yes
14. " Any other petition, application, motion or pleading filed regarding an existing guardianship of an adult No form $70 No Yes
Other Actions
1. (f) In matters involving Sterilization, Involuntary Treatment, Habilitation or Temporary Placement, through entry of final order No form $130 No Yes
2. (i) Hearings in contested matters, per half day $30 No No
3. " Initial hearings in adult guardianship or matters involving sterilization, involuntary treatment, habilitation or involuntary placement No Fee No No
4. " Hearing in any uncontested matter No Free No No
5. (j) Petition to Establish Custodial Account for Minor or Incapacitated Adult GPCSG 22 8% No Yes
6. (k)(i)-(vii) Application for Writ of Habeas Corpus No form $75 Yes Yes
7. " Petition to Establish lost papers No form $50 No Yes
8. " Petition for or declaration of Exemptions No form $25 No Yes
9. " Petition to Change Birth Certificate No form $75 No Yes
10. " All other services rendered by the judge or clerk through the entry of the final order, for any application or petition by which the jurisdiction of probate court is invoked and no other cost is set forth No form $70 No Yes
11. " Issuance of all other orders, including a Rule Nisi, in any matter for which the costs already set forth do not include all services rendered by judge or clerk No form $30 No No
12. " Motions, Amendments or other pleadings in any matter for which the costs do not include all services rendered by judge or clerk and no other cost is set forth No form $15 No no
Other Actions
1. (k)(ix)-(xxx) For processing appeals to superior court No form $30 $30 No No
2. " For issuance of writ of fieri facias No form $10 $10 No No
3. " For issuance of permit to discharge explosives No form No No
4. " For issuance of permit to discharge fireworks No form $30 $30 No No
5. " Application for firearms license Uniform Application $20 $20 No No
6. " For issuance of a replacement firearms license No form $6 $6 No No
7. " Application for Marriage License without Premarital Certificate Uniform Application $40 $40 No No
8. " For the safekeeping of a will No form $15 $15 No No
9. " For issuance of a veteran's license No form No fee No fee No No
10. " For issuance of a peddler's license NO form $15 $15 No No
11. " For issuance of a certificate of residency No form $10 $10 No No
12. " Registration of a junk dealer No form $10 $10 No No
13. " Certification of publication of application for insurance company charter No form $10 $10 No No
14. " Recording of Marks and Brands, each No form $15 $15 No No
15. " Exemplification $15 $15 No No
16. " Certification under seal of copies $10 $10 No No
17. " Certified copies of Letters of personal representative, temporary administrator, guardian or conservator, each $10 $10 No No
18. " For issuance of a subpoena, each $10 $10 No No
19. " For filing and recording of oath or bond of any official, officer or employee of any municipality or authority within the county, each $10 $10 No No
20. " For filing and recording of oath or bond of county official or officer No fee No fee No No
21. " For examination of records or files by employee of the probate court to provide abstract of information contained therein or to provide copies therefrom, per estate or name $10 $10 No No
22. " Recording, per page $2 $2 No No
23. " Copies, per page $1 $1 No No