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Testamentary Guardianship of a Minor

General Information

The Probate Court is located on the main floor of the Gwinnett Justice and Administration Center (click for directions) located at 75 Langley Drive, Lawrenceville, Georgia 30046. The office accepts filings Monday through Friday, excluding holidays, from 8:00 a.m. to 4:30 p.m.

All pleadings filed with the Gwinnett County Probate Court by mail must be signed, verified, and have the appropriate filing fees. Pleadings without fees will be returned without filing. Mail all pleadings to:

  Gwinnett County Probate Court
Estate Division
75 Langley Drive
Lawrenceville, GA 30046


What is a Testamentary Guardian?

Every parent may nominate in their Last Will and Testament a testamentary guardian for their minor child. If the minor has no other living parent, Letters of Testamentary Guardianship will issue to the individual nominated in the Will once the Will has been admitted to probate.


In which county do I file my Petition for Permanent Guardianship of a Minor?

A request for the appointment of a Testamentary Guardian is included in a Petition to Probate Will in Solemn Form, which must be filed in the probate court of the county where the deceased was domiciled at the time of his death. If the deceased was not a resident of the State of Georgia, a Petition to Probate may be filed in any county where the deceased owned property.


How much does it cost to file a Petition to Probate Will in Solemn Form?

Prior to mailing in or filing your petition in our office, please contact the estate clerk at (770) 822-8350 for the current filing fees. All fees are due at the time of filing. The Probate Court accepts cash, credit cards (Visa, Discover, MasterCard), personal check, or money order. A processing fee of 2.5% is charged separately per card transaction.


How do I end a Testamentary Guardianship?

A guardianship of a minor terminates on the day the minor turns 18, is adopted, becomes emancipated, or dies. A court order may also terminate a guardianship.


Standard Georgia Probate Forms (Form 5)