The Probate Court staff will be happy to assist you with any questions or concerns you may have about the services of this office or the procedures you must follow for a particular process. Please be advised, however, that state law prohibits our staff from rendering legal advice, restating the law, or recommending specific ways to pursue legal action. If you have questions involving the interpretation of the law, we suggest you contact an attorney licensed in the State of Georgia.
Standard Georgia Probate Court forms are on the Georgia Probate Court website: www.georgiacourts.gov/probate.
Probate Courts have exclusive jurisdiction over the probate of wills, the administration of estates, the appointment of guardians and conservators for incapacitated adults and minor children, and commitments to involuntary evaluation and treatment for people with mental, drug or alcohol issues.
The Probate Court also issues marriage and weapons carry licenses and also performs a number of administrative duties that have been assigned to the Court over time. If you need a copy of a birth or death certificate, Judge Chastain also serves as the local Registrar and Custodian of Vital Records for Gilmer County.
Weapons Carry License
IMPORTANT: If you have a Weapons Carry License that expires on or before April 15, 2022, Governor Brian Kemp’s Executive Order allows a 120-day renewal period from the expiration date on the license. If your Weapons Carry License expires AFTER April 15, 2022, you only have 30 days to renew.
This office cannot provide direction or guidance on the ramifications of the “Constitutional Carry” legislation which is now in effect other than to note that this legislation did not affect the issuance of Weapons Carry Licenses.
Weapons Carry License applications are accepted Monday – Friday from 8:30am to 4:30pm. Please arrive no later than 4:15pm in order to allow for adequate time to complete the application.
You must complete the application at our office. You must bring a photo I.D. (Drivers License) which proves that you are a resident of Gilmer County, Georgia. You can start the application process online at Weapons Carry License Application. You will still need to come to our office to complete the application but some of your information should already be in the system.
If you have a permit issued from another county and have moved to Gilmer County, you are required to contact the issuing county about a change of address.
The fee is $30 payable to Gilmer County Probate Court. If paying with cash, bring the exact amount. We also accept Visa or Mastercard debit/credit cards, personal checks, and money orders.
Once you complete the application in our office, you will be sent to the Gilmer County E-911 Addressing Center for fingerprinting and a background check.
The following fees (CASH ONLY) at Gilmer County E-911 Addressing:
$6 for a replacement, name change, or address change at Probate Office.
$35 for a renewal (application and background check only) at the Probate Office and E-911 Addressing.
$78.25 for a new application (application, fingerprinting, and background check) at the Probate Office and E-911 Addressing.
If you want to renew your permit, you can renew it 90 days before it expires or 30 days after it expires.
Marriage License Applications are accepted Monday – Friday from 8:30am to 4:30pm. Please arrive no later than 4:15pm in order to allow for adequate time to complete the application.
You can start the Marriage License Application online. You MUST come to our office to complete the application, but some of your information should already be in the system if you started the application online.
The fee is $76 without marriage counseling and $36 with marriage counseling. You must provide proof of counseling from the person who provided the counseling.
If paying with cash, bring the exact amount. We also accept Visa or Mastercard debit/credit cards, personal checks, and money orders.
Birth Certificate Records & Death Certificate Records
Birth or death records are $25 for the first copy and $5 for each additional copy for the same individual on the same day of the request.
If you return at a later date for more copies, you will have to make the request again and the fee will be $25 for the first copy and $5 for each additional copy.
If paying with cash, bring the exact amount. We also accept Visa or Mastercard debit/credit cards. If you choose to use a debit/credit card, a small convenience fee will be added
Some records will not be available on the same day you request them but the majority will be.
Photo I.D. is required and if the record is for someone other than the one requesting it, the one requesting it will need to be immediate family.
Habeas Corpus, Criminal Preliminary, and Other Hearings
Probate Court Judges may hold habeas corpus hearings or preside over criminal preliminary hearings. If a jury trial is not requested, Probate Court Judges may also hear certain misdemeanors, traffic cases and violations of state game and fish laws in counties where there is no state court.
Oaths of Office, Election Superintendents, Official Office Appointments
Probate Judges administer oaths of office and when authorized by local statute, Probate Judges serve as Election Superintendents and make appointments to certain local public offices. Judge Chastain is currently serving as the Election Superintendent of Gilmer County.