Paulding County Probate Court

Deborah Andersen, Judge

deborah.andersen@paulding.gov

25 Courthouse Square Annex

Dallas, Georgia  30132

770-443-7541 Telephone Number

770-443-7631 Facsimile

Office Hours:  Monday – Friday 8:00 A.M. – Noon and 1:00 P.M. – 5:00 P.M.

Welcome to the Probate Court web site.  We are here to serve the citizens of Paulding County.  We have tried to make our web site user-friendly and helpful.  If you have a question that cannot be answered after reviewing this site, please do not hesitate to contact our office for assistance.  Best wishes from all of us, Deborah Andersen, Probate Judge.

The office of the Probate Court performs many functions including, but not limited to, issuing marriage licenses, firearms licenses and fireworks display permits, maintaining vital records, administering traffic citations and probate procedures such as probate of wills, administrations and guardianships of minors and adults.  The following is more detailed information regarding these matters.  Please do not hesitate to contact our office for further information.

Probate

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 notified of a date and time to appear before the Judge to have your petition heard.  Forms for these procedures and additional information are available in the office or online at www.gaprobate.org.

Traffic

 A Spanish speaking interpreter will be present on all traffic arraignment dates.

 En todas las fechas de audiencias iniciales, hay disponible un intérprete que habla español. 

Probate Court is pleased to announce that you can now pay traffic citations on-line with a debit or credit card.  Please follow the link listed below to access the payment center.  In order to use the user-friendly on-line payment processing site, you will need to:

• Enter your citation number (if your citation has a letter at the end of your citation number, please key in the letter as part of your citation number, i.e., 45787F)
• Last name as presented on your citation in the correct field

Then click on the search button.  Please note that not all offenses are eligible to be paid on-line.  PAY CITATION NOW

Traffic citations may be paid in our office with cash, money order or a cashier’s check.  NO PERSONAL CHECKS WILL BE ACCEPTED.  Please note that payment of traffic fines must be received in our office prior to the day of your arraignment in order to avoid a court appearance.  If you plan on making a “not guilty plea,” you must appear on your designated arraignment court date where you will have a choice of a bench or jury trial.  Trials will be scheduled for a later date where the officers and witnesses will be subpoenaed to testify.  All bench trials will be held in the George T. Bagby Annex building in the 4^th floor courtroom.

Georgia Firearms Licenses

First Time Applicants

• Applicant must be not less than 21 years of age
• Applicant must be a resident of Paulding County to apply for and receive the license here
• Applicant who is not a citizen of the United States must provide proof of legal residence
• Applicant must provide picture ID and proof of residence in Paulding County (i.e., current tag receipt; voters registration card; water bill with service address; electric bill with service address.  P.O. Boxes are not accepted)
• Applicant must be fingerprinted and submit to a criminal and mental health records check
• Applicant must not have any legal disqualification to receipt of the license.  (Important:  Please see the notes below concerning ineligibility of certain persons.)

Fees, Costs and Procedure:

• A fee of $40.00 (cash or money order) payable to Paulding County Probate Court.  This fee is based upon our ability to use digital fingerprints of the Applicant to be transmitted electronically to the Georgia Bureau of Investigation (GBI).  If an Applicant’s fingerprints will not scan with sufficient legibility for electronic transmission, hard card fingerprints must be taken for mailing to the GBI.
• There is no refund of any part of the application and other fees once the application is filed and the process has begun.  (Important:  Please see the notes below concerning ineligibility of certain persons.)
• Upon receipt of the required criminal and mental health records, those records are reviewed for the applicant’s eligibility to receive a license.  Any questions concerning eligibility are referred to the Judge for determination.  If the applicant is determined to be eligible to receive a license, the license will be issued within 45 days.  The permit is valid for five (5) years.  NOTE:  The Paulding County Probate Court has no control over the length of time for the return of criminal and mental health records from the F.B.I. and the G.B.I.  The Court cannot be required to issue a license until the necessary reports have been received.

Renewals

Due to a change in Georgia law effective July 1, 2006, renewal applications will be treated the same as original applications.  Applicants must present their old license, complete an application and pay $40.00 (cash or money order).  This fee is based upon our ability to use digital fingerprints of the Applicant to be transmitted electronically to the Georgia Bureau of Investigation (GBI).  If an Applicant’s fingerprints will not scan with sufficient legibility for electronic transmission, hard card fingerprints must be taken for mailing to the GBI.  On request, a 90 day temporary permit can be issued for a fee of $1.00.

Replacement

A lost, damaged or stolen license may be replaced upon payment of a fee of $5.00 (cash or money order).  A sworn statement that the license has been lost or stolen is required.  If your license has been damaged, please bring your damaged license with you when applying for a replacement license. 

Ineligible Persons:

Under O.C.G.A. §16-11-129(b), no license may be issued to certain persons, as follows:

• Pending Criminal Charges – Any person who is a fugitive from justice or against whom proceedings are pending for any felony, forcible misdemeanor, or violations of Code Sections 16-11-126 (carrying a concealed weapon), 16-11-127 (carrying deadly weapons to or at public gatherings), or 16-11-128 (carrying pistol without license) is ineligible to receive a license until such time as the proceedings are adjudicated.
• Felony Conviction(s) – Any person convicted of or placed on probation as a first offender for a felony offense by a proper court is ineligible to receive a license, unless the person has (1) received a pardon which expressly authorizes the receipt, possession or transport of a firearm, (2) received from the Board of Public Safety relief from disabilities, or (3) been discharged from first offender probation without adjudication of guilt.  The pardon, relief or discharge must be exhibited to the Court.  If application is made based on relief from disabilities, the applicant must have been free of supervision for not less than five years for non-forcible felony convictions or not less than ten years for forcible felony convictions.
• Drug Convictions – Any person who has been “convicted” of any offense arising out of the unlawful manufacture, distribution, possession or use of a controlled substance or dangerous drug is ineligible to receive a license, unless than person has been pardoned.  Note:  for purposes of drug offenses only, “conviction” includes a plea of guilty, a finding of guilt by a court of competent jurisdiction, the acceptance of a plea of nolo contendere, or the affording of first offender treatment.  Even a person who has received a pardon or has completed first offender probation and been discharged without adjudication of guilt for an offense involving illegal drugs is ineligible to receive a license.
• Misdemeanor Convictions – Any person who has been convicted of a forcible misdemeanor is ineligible to receive a license until the person has been free of restraint or supervision for at least five years.
• Other Convictions – Any person who has been convicted of an offense under Code Section 16-11-126 (carrying a concealed weapon), 16-11-127 (carrying deadly weapons to or at public gatherings), or 16-11-128 (carrying pistol without license) is ineligible to receive a license until the person has been free of restraint or supervision for at least three years.
• Mental Health Hospitalization – Any person who has been hospitalized as an inpatient in any mental hospital or alcohol or drug treatment center within five years prior to the date of the application is ineligible to receive a license, unless the Judge, in her discretion, issues the license after consideration of the circumstances surrounding the hospitalization and any recommendation by the superintendent of the hospital or treatment center where the applicant was a patient.
• Further, under the Gun Control Act of 1968, 18 U.S.C. §921 et seq., any person who has been convicted of a misdemeanor crime of domestic violence is ineligible to receive a license, unless the person has received a pardon or relief from disabilities, and any person who has ever been involuntarily committed to an inpatient mental health treatment facility is ineligible to receive a licensee.

Marriage License

• The fee for a marriage license shall be $15.00 with a premarital counseling certificate (at least six (6) hours of marriage counseling) or $50.00 if no premarital counseling was completed.  You may view and print a copy of the Premarital Certification Form here.  Payment shall be in the form of cash or money order only.  Checks or credit cards are not accepted.
• Applicants must be 18 years of age.  If either applicant is 16 or 17 years of age, parental consent shall be required.  When parental consent is required, the following shall apply:  The parents or guardians shall appear in person and consent to the marriage.  If physical presence, because of illness or infirmity is impossible, an affidavit by that incapacitated parent or guardian, along with an affidavit signed by a licensed attending physician stating that they are physically incapable of being present, shall suffice.  In the case of pregnancy, the above shall also apply when applicants are 16 or 17.  They do not have to prove pregnancy because both parents or guardians have to consent.  Parent with sole custody can sign; however, proof must be provided of custody.
• If father is not listed on the birth certificate (a certified copy of the birth certificate must be provided to the court), he is not required to sign.
• No one under the age of 16 shall be issued a marriage license under any circumstance, even if she is pregnant or they have a child together.
• Must not have a living spouse or previous undissolved marriage.  If no living spouse, a date of death must be provided, and if divorced within the last six (6) months, the court must be provided a certified copy of the final divorce decree signed by the judge.
• Once the ceremony has taken place, the person performing the ceremony will send the original license to the probate court to be recorded.  It will take approximately ten (10) days after the original license has been returned to probate court before certified copies can be made.
• A blood test is no longer required in order to obtain a marriage license.

How To Obtain Certified Copies Of Marriage License

• You can request copies by mail.  Certified copies are $5.00 each.  Please include a money order payable to Paulding County Probate Court with your request along with a self-addressed stamped envelope.  Certificates suitable for framing are also available for $5.00 each.
• Plain copies of marriage license are available for $.25 each.
• For genealogy research, you may come to our office to research marriage records that begin in 1833.  Availability by our employees to do general research is limited; however, we will be glad to assist in helping you locate where the records are kept.

Vital Records

 Paulding County Probate Court is the custodian of vital records for Paulding County.  You may obtain certified copies of birth and death certificates for a fee of $10.00 for the first copy, and $5.00 for each additional copy obtained at the same time for the same person.  Georgia law dictates what relations may obtain a birth and death certificate for another person.  As of November 2007, local custodians for vital records now have access to birth records for the entire state of Georgia and may issue certified copies for other counties.

 Who Can Obtain A Certified Copy Of A Birth Certificate

• The Registrant
• Either parent of the registrant listed on the certificate
• Registrant’s legal guardian
• Grandparent of the registrant
• Adult brother/sister of the registrant
• Adult child of the registrant
• Spouse of the registrant
• Legal representative of the registrant

Who Can Obtain A Certified Copy Of A Death Certificate Containing The Cause of Death 

• Spouse of deceased
• Either parent of the deceased
• Adult  child of the deceased
• Adult brother/sister of the deceased
• Legal representative of the estate of the deceased

A certified copy of a death certificate, which does not contain the cause of death or a social security number, may be issued after completing an application.  Costs for these records are as follows:  First copy $10.00 and each additional copy $5.00 (if issued at the same time).  Payment is accepted by cash or money order only.  Checks and credit cards are not accepted.

Involuntary Treatment

 Under certain circumstances, as ordered by a Judge of Probate Court, Georgia law authorizes involuntary evaluation of persons proved to be suffering from mental illness or drug or alcohol addiction.

In crisis situations, and sometimes in certain other instances, the law allows the Probate Judge to order a person to be apprehended by the Sheriff or his deputy on the basis of a Two-Party Affidavit and delivered to a hospital for evaluation by a doctor or other appropriate medical personnel to determine whether in his or her opinion involuntary treatment is necessary or advisable.

Patients and persons who are Proposed Patients (people who are the subject of involuntary treatment proceedings) have certain rights in connection with the legal procedures and with the treatment itself.  These rights are specified by statute.  Many other due process protections are built into involuntary treatment proceedings as well.

The Georgia statutes governing involuntary treatment proceedings are complex and sometimes confusing.  As a result, the local application of these statutes varies from county to county.  Patients, lawyers, family members and friends of persons who may potentially be subject to involuntary treatment proceedings are encouraged to inquire locally about standard practice in that area.

You should also be aware that as a practical matter, involuntary treatment for drug or alcohol dependent persons may not generally be available except as necessary to allow detoxification of persons who do not want to be there voluntarily.  Often a good alternative is to seek other, less formal means of intervention, available through various social service agencies.

Useful Information 

The following pamphlets and brochures are available as a public service to the citizens of Paulding County.  Please feel free to drop by Probate Court to pick up any of these forms.

• Georgia Probate Courts – A brief description of the probate courts in Georgia, their jurisdiction, and the judges serving in them.
• Georgia Probate Procedures – “What to Do When a Love One Dies” – A brief description for the various proceedings which might be filed following the death of a Georgia resident or non-resident owning property in Georgia.
• Proceedings Pro Se in Probate Court – If you will be filing a proceedings in a probate court without the assistance of an attorney or representing yourself in connection with a proceeding filed by someone else, this brochure briefly describes your obligations and any special requirements.
• A Layman’s Guide to Guardianship and Conservatorship in Georgia – Important information about guardianships and conservatorships of children and adults.
• Joshua’s Law New Teen Driving Requirements – Effective January 1, 2007, all 16 year-olds applying for a Class D driver’s license must complete an approved driver education course and complete a total of 40 hours of supervised driving, 6 hours of which must be at night, with a parent or guardian’s sworn verification that these requirements have been met.  Be aware that you must hold a Learner’s Permit for one year and one day to be eligible for a Class D license.  Further information on teen driving is available at www.gateendrivereducation.com.

Probate Judge Andersen, Deborah 770.443.7541 deborah.andersen@paulding.gov