- 12150 Morris Rd, Alpharetta GA
- GA: 1-470-567-1529
- 1074 W. Taylor Street, Chicago IL
- IL: 1-312-278-3255
Hampton & Hampton LLP is a trusted probate attorney in Alpharetta, GA, helping families navigate the Fulton County Probate Court process with personalized attention and decades of experience. When you’re facing estate administration, will contests, or complex probate matters in Alpharetta, our dedicated team provides the local expertise and responsive service larger Atlanta firms can’t match. We take pride in servicing our clients with compassion.
Sylvia Coulon Hampton, Esq., Managing Partner at Hampton & Hampton LLP, has guided Alpharetta families through Fulton County Probate Court for over a decade. A member of the State Bar of Georgia, Sylvia focuses her practice in Georgia on probate, estate administration, and estate planning. As an experienced attorney and legal thought leader, Sylvia distills complex probate matters into clear guidance, helping executors and beneficiaries fulfill their responsibilities with confidence.
Probate is the court-supervised process of administering a deceased person’s estate. In Georgia, probate is generally required when an estate includes real property (real estate) or assets valued over $10,000 in the decedent’s sole name, though certain exceptions may apply. The Fulton County Probate Court oversees will validation, executor appointment, debt payment, and asset distribution to beneficiaries.
You should consult a probate attorney when handling an estate that involves:
Even straightforward Georgia probates benefit from legal guidance. Executors can be held personally liable for mistakes, missed deadlines, or improper distributions. An experienced Fulton County probate attorney helps you fulfill your fiduciary duties correctly.
Not sure if you need probate? Call 470-567-1529 for a free assessment.
When someone passes away in Alpharetta, their estate typically goes through probate at the Fulton County Probate Court. Here’s the process:
The executor named in the will files a petition with Fulton County Probate Court to open the estate. The court is located at 136 Pryor Street SW, Suite C-230, Atlanta, GA 30303.
The court reviews the will for legal compliance. If no will exists, the estate proceeds under Georgia intestacy law (O.C.G.A. § 53-2-1).
The court appoints an executor and issues Letters Testamentary, granting legal authority over estate assets.
The executor identifies all estate property, obtains appraisals where needed, and files an inventory with the court within six months.
The executor publishes notice to creditors and notifies known creditors. Georgia law gives creditors three months from publication to file claims.
Valid creditor claims are paid, and required tax filings are completed (Georgia estate tax, federal estate tax if applicable).
Remaining assets are distributed to beneficiaries according to the will or Georgia intestacy law.
The executor files a final accounting with the court, and the court issues a discharge order releasing the executor from further duties.
We handle each step on your behalf, maintaining compliance with Fulton County Probate Court procedures and Georgia law. From our Alpharetta office, we appear regularly at Fulton County Probate Court’s North Fulton location (7741 Roswell Road in Sandy Springs) and downtown Atlanta location.
Georgia probate typically takes 6 to 12 months for straightforward estates, but the timeline varies based on:
Contested estates or those with business interests, real property sales, or tax issues can take 18 to 24 months or longer.
Probate costs in Georgia include:
Court filing fees: Fulton County Probate Court charges approximately $250-400 for petition filing and Letters Testamentary.
Publication costs: A legal notice in the local newspaper typically runs $150- $ 300.
Attorney fees: Georgia probate attorney fees vary based on estate complexity. We offer both flat-fee arrangements for straightforward estates and hourly billing for complex matters involving litigation, business assets, or real estate sales.
Other potential costs: Appraisals (if needed), accounting fees (for complex estates), and executor bond (if required by the court).
We provide transparent fee quotes specific to your situation during your consultation. Unlike some firms that charge a percentage of estate value, we base our fees on the actual work required, which often results in lower costs for our clients.
We routinely appear in Fulton County Probate Court at both the downtown Atlanta location (136 Pryor Street SW) and the North Fulton location (7741 Roswell Road in Sandy Springs). We also handle probate matters in the probate courts of Forsyth, Gwinnett, and Cobb counties.
This regular court presence means we know the specific procedures each judge follows, which documents each clerk requires, and how to avoid filing errors that create costly delays. When you’re managing a loved one’s estate, this familiarity with Fulton County Probate Court translates to faster case resolution and fewer complications.
Our focused probate practice means you work with attorneys who handle these cases daily. This is not general practitioners who occasionally take on estate matters. This specialization matters most in complex situations: contested wills, estates with business interests, real property requiring court-supervised sales, or cases involving out-of-state executors or beneficiaries.
Not every estate needs a lawyer, but when legal complexity, family conflict, or property transfer is involved, expert guidance is key. We help when:
| Situation | What's Required | How We Help |
|---|---|---|
| The deceased had no will | File a Petition for Letters of Administration with Fulton County Probate Court. Georgia intestacy law (O.C.G.A. § 53-2-1) determines legal heirs and distribution shares. | We guide you through intestate estate administration, identify legal heirs under Georgia law, obtain Letters of Administration, and provide proper distribution according to statutory requirements. |
| Real estate needs to be transferred that was not held in joint tenancy or transferred on death | Probate the estate and execute a Deed of Assent or Administrator's Deed to transfer legal title from the deceased to beneficiaries or buyers. | We obtain Letters Testamentary or Administration from the Fulton County Probate Court, prepare and record proper deeds transferring real property, and coordinate with the title company for sales. |
| Will is being contested | Contested probate litigation in Fulton County Probate Court. Will contests must be filed within specific timeframes under O.C.G.A. § 53-5-13 and require evidence of undue influence, lack of capacity, improper execution, or fraud. | We represent clients in will contests, undue influence claims, and probate disputes. We appear in Fulton County Probate Court litigation with documented evidence and witness testimony. |
| You're the executor and unsure of your duties | Full probate representation, including petition filing, asset inventory, creditor notification, tax filings, distribution, and final accounting with Fulton County Probate Court. | We handle every aspect of estate administration: court filings, creditor notifications, asset management, tax returns, and distributions. We protect you from personal liability while you focus on your family. |
| Estate includes business interests or complex assets | Business valuation, coordination with business succession attorneys, determination of whether to continue operations or sell, and proper transfer or liquidation through probate. | We work with business valuation experts and succession attorneys to address operating the business during probate, obtain accurate valuations, and execute a transfer to beneficiaries or a sale, as approved by the court. |
Schedule your free consultation to discuss your specific situation | 470-567-1529
From our Alpharetta office, we handle a full range of probate and estate administration matters:
Filing probate petitions with Fulton County Probate Court, petitioning for Letters Testamentary or Letters of Administration, guidance on executor duties and fiduciary responsibilities, and final accounting preparation. We also assist beneficiaries when an executor fails to fulfill duties, refuses to communicate, mismanages assets, or engages in self-dealing. We also represent executors wrongfully accused by beneficiaries.
Identifying and valuing estate assets, managing creditor claims and determining which debts are valid, filing required tax returns (estate, gift, income), and distributing assets to beneficiaries according to will provisions or Georgia intestacy law. We protect estates from improper creditor claims and negotiate with creditors when appropriate.
Transferring real property to beneficiaries through Deeds of Assent, court-supervised sales of estate property, title issue resolution and deed preparation, and handling reverse mortgages and liens. Probate real estate presents unique challenges when selling property to pay debts, addressing multiple ownership interests, or dealing with out-of-state property.
Will contests based on lack of capacity, undue influence, improper execution, or fraud (O.C.G.A. § 53-5-13), executor removal proceedings, breach of fiduciary duty claims, and heir disputes over will interpretation. We represent clients in Fulton County probate litigation with documented evidence and witness testimony
Full representation for executors living outside Georgia, court appearances on your behalf at Fulton County Probate Court, communication with beneficiaries and creditors, and property management during probate. You don’t need to travel. We serve as your boots on the ground in Alpharetta.
Georgia law (O.C.G.A. § 53-3-1) allows surviving spouses and minor children to claim up to one year of support from the estate, which takes priority over other distributions. We handle both filing and defending against these claims.
When a will can’t be located, is destroyed, or hasn’t been updated in decades, special procedures apply under Georgia law (O.C.G.A. § 53-5-21). We help families navigate lost will procedures and intestate succession when necessary.
Whether you’re an executor, administrator, or surviving heir, our team handles your Fulton County probate matter with professionalism and legal precision.
Unlike general practice law firms handling personal injury, criminal defense, and dozens of other legal areas, Hampton & Hampton's Georgia practice focuses specifically on estate planning, probate, and estate administration. This concentrated practice means Sylvia Hampton has handled virtually every probate scenario that arises in Fulton County. From straightforward estate administration to complex will contests and multi-million dollar estates. When probate is what we do, not one service among many, you benefit from deeper experience with Fulton County Probate Court procedures and Georgia estate law.
We appear regularly in Fulton County Probate Court at both the downtown Atlanta location (136 Pryor Street SW) and the North Fulton location (7741 Roswell Road in Sandy Springs). This is not occasional representation. It's a consistent court presence. We know which documents Judge X requires, how Clerk Y processes filings, and what triggers delays in the system. This familiarity with local court procedures, judges, and clerk requirements means fewer rejected filings, faster processing, and smoother case progression than attorneys who only occasionally handle probate matters.
You work directly with Sylvia Hampton throughout your probate case. When you call, you speak with the attorney managing your file. Not a call center, not an intake paralegal, not a rotating associate. This direct communication means faster responses to your questions, consistent guidance throughout the process, and a relationship with the person actually appearing in court on your behalf.
We explain our fees in writing before you hire us. You'll know what services cost, when payment is due, and what's included. We offer both flat-fee arrangements for straightforward estates and hourly billing for complex matters. No surprise bills, no percentage-of-estate fees common with some probate firms. If your case requires litigation or additional work beyond the initial scope, we discuss costs before proceeding.
If you’re facing probate in Alpharetta, don’t do it alone. We’re here to help you move forward with confidence and compassion.
Contact us today to schedule a consultation with a trusted estate attorney in Alpharetta.
Not always. If your parent had no real estate and most assets had named beneficiaries or were jointly owned, formal probate may not be required. However, if there are assets in their sole name—like bank accounts, personal property, or retirement funds without beneficiaries—you'll likely need to file the will and petition the court for Letters Testamentary. If your parent died with a will and owned real estate solely in their name, probate is required to transfer legal title to the heirs or beneficiaries named in the will.
Not unless your name was already on the account as a joint owner with rights of survivorship, or the account had a designated payable-on-death (POD) beneficiary. Banks will not release funds from an account in a deceased person's sole name without Letters Testamentary or Letters of Administration from Fulton County Probate Court. We help you obtain the legal documents banks require to access and distribute estate funds.
You'll need to probate the estate to transfer legal title. Whether there's a will or not, real property in the deceased's sole name cannot be sold or transferred until the court grants someone legal authority. Unless the property was owned in joint tenancy with rights of survivorship or passed outside of probate through a transfer-on-death deed. At Hampton & Hampton LLP, we handle the full probate process: filing a petition with the Fulton County Probate Court, obtaining Letters Testamentary or Administration, and preparing deeds for property transfer or sale.
Yes. If you believe a will was executed under undue influence, that the decedent lacked mental capacity, that the will wasn't properly executed under Georgia law, or that there's evidence of fraud or forgery, we represent clients in contested probate cases. Georgia law (O.C.G.A. § 53-5-13) sets specific grounds and deadlines for will contests. These cases require documented evidence and often involve witness testimony. We handle probate litigation in Fulton County Probate Court with the care and legal precision these sensitive matters require.
Yes. We regularly represent out-of-state executors and administrators. You don't need to travel to Georgia for routine court matters. We handle filings, attend hearings, communicate with beneficiaries and creditors, and manage estate property on your behalf. We serve as your legal representative in Fulton County Probate Court, keeping you informed throughout the process while handling the on-the-ground work in Alpharetta.
Georgia probate attorney fees vary based on estate complexity and whether hourly or flat-fee billing is used. At Hampton & Hampton, we provide transparent fee quotes during your free consultation. Simple, uncontested estates with minimal assets may be handled on a flat-fee basis, typically ranging from $3,000 to $7,000 depending on the work required. Complex estates involving litigation, business assets, real estate sales, or contested matters are billed hourly. We explain all costs in writing before you hire us. No percentage-of-estate fees, no surprise bills.
12150 Morris Road
Alpharetta, GA 30005
470-567-1529
GAinfo@hamptonandhamptonlaw.com
Monday-Friday: 9:00 AM – 5:00 PM
Saturday: 10:00 AM – 2:00 PM
Sunday: Closed
Convenient to: GA-400, Windward Parkway, North Point Parkway, Avalon, downtown Alpharetta
Going through probate shows why many families plan differently. Real estate held in sole names requires court proceedings. Bank accounts without beneficiaries need Letters Testamentary. The process takes months and becomes public record.
Proper estate planning addresses these issues before death:
Not every estate needs complex planning. Some benefit from straightforward wills. Others need trusts to avoid the delays and costs you’re experiencing now. We handle both probate and the planning that prevents it.
Facing probate after losing a loved one can feel overwhelming. Our team provides:
Call 470-567-1529 or complete our form for a free consultation with an experienced Alpharetta probate attorney.