Clarke County, Georgia Probate Court Records

Below is a list of the records which can be found in the Clarke County, Georgia Probate Court. Each record category is linked to a brief description, a list of information that one might find in the record, and an index to the actual records themselves when available. A summary of the records is provided at the bottom of this page.

The records appear in bound volumes as well as boxes of loose records. An inventory of loose records is nearly complete and was accomplished with assistance from volunteers. Additionally, an accounting was made as to the microfilm status of these records.

  Annual Returns Books
Bench Docket Books
Bond Books
Estate (and Guardianship) Records
Inventory and Appraisement Books
Letters of Administration Books
Letters of Guardianship Books
Letters Testamentary Books
Lunacy Record Books
Marriage Records
Marriage Record Books
Minutes Books
Minutes County Purposes Books
Miscellaneous Records
Oaths and Bonds Books
Tax Digest Books
Will Record Books
Year's Support Books

Location Key:
GA or GDAH- Georgia Department of Archives
HG- Hargrett Rare Book and Manuscript Library at the University of Georgia
HR- Heritage Room at the Athens-Clarke County Library
PV- Vault of the Probate Court at the Athens-Clarke County Courthouse
RR- Records Room at the Athens-Clarke County Courthouse

Additional Abbreviations:
Admrs.- Administrators/Administratrix
Ct.- Court
Ex.- Executor
Gdn- Guardianship
*- Indicates that the microfilm label dates differ from the book dates

Glossary

Background information for the Finding Aid project

     
 

 

 

 

 

 

 

 

 

 

   
 

Name of Records with Description

Information in Record

 

Annual Returns Books
Book contains an index by name of the deceased or ward. The representative of the estate is required to report to the court annually all receipts and disbursements on the estate. This report is called the annual return. The last one is called the final return and those are also included in the Annual Returns Book.

Name of deceased
Name of administrator, guardian, etc.
Detail of receipts, disbursements, and cash or investment balances and depository
Period for which return is filed
Date filed

  Bench Docket Books
Book contains an index by last name of the decedent, ward, or other subject of the proceeding, with reference to docket page number. The bench docket book contains a record of the petitions filed. As of 2/15/2000 these books are no longer used and the information is accessed by computer.

Docket number
Petitioner's attorney's name
Names of principal and petitioner
Type of action
Date of filing
Disposition

  Bond Books
Book contains an index by last name of decedent or ward, and a copy of the bond. The bond is a financial guarantee that the administrator, executor, or guardian will perform the duties required by law. An administrator is appointed by the court when there is no will. An administrator is always required to post a bond unless the heirs unanimously agree to allow the court to waive this requirement. Executors are rarely required to post bond.
County
Name of principal (e.g., decedent or ward)
Name of administrator, executor or guardian
Name of probate judge
Name of guarantor or surety company
Amount of bond
Appointment for which bond required (e.g., administrator, guardian, etc.)
Date
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  Estate (and Guardianship) Records
The estate records are the unbound documents filed with the Probate Court. These papers were filed by administrators and executors to document the settling of the estates of deceased persons, by relatives or friends of incapacitated adults seeking guardianship, by heirs or beneficiaries seeking accountings or by other persons seeking miscellaneous types of relief available in probate court. The papers are arranged in alphabetical order by surname, in file folders.

The most commonly found documents are petitions to probate wills or to be appointed administrator of intestate estates, administrator's bonds, inventories and appraisements of estates, and sale bills. Also included in some cases are:
Guardian's bonds
Letters of administration, letters testamentary, or letters of guardianship
Petitions for and orders of dismisiion or discharge
Orders to sell lands
Petitions for award and returns of widow's support
Probated wills (copies only)
Receipts taken by an administrator or executor when making payments
Miscellaneous petitions and orders

  Inventory and Appraisement Books
Book contains an index by name of deceased. In some cases, the judge requires that an inventory be compiled of the assets of the deceased with an estimate of the value of those assets. Three people who have no interest in the estate are chosen to appraise the assets.
Name of deceased
List of assets and their values
Name of executor or administrator
Name of judge
Date
  Letters of Administration Books
Book contains index by decedent's last name, and the letters of administration. The court grants the administrator the authority to act on behalf of the estate in the letters of administration. An adminstrator (also called administratrix if a woman) is appointed by the court when there is no will. If there is a will, the legal representative is called an executor (also called executrix if a woman) rather than administrator and the authority to act on behalf of the estate is granted by the court in the letters testamentary. As of 1998, these letters are filed in the minutes book.
Name of deceased
Name of administrator
Date inventory required
Name of judge
Date
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  Letters of Guardianship Books
Book contains index by ward's name, and a copy of the letters of guardianship. As of 1998, these letters are filed in the minutes book.
Name of judge
Name of applicant
Name of ward
Scope of guardianship (person and/or property)
Reason for guardianship (minor, incapacitated adult)
Date
  Letters Testamentary Books
Book contains index by decedent's last name, and the letters testamentary. The court grants the executor the authority to act on behalf of the estate in the letters testamentary. If there is a will, the legal representative is called an executor. An administrator is appointed by the court when there is no will and the authority to act of behalf of the estate is granted by the court in the letters of administration. As of 1998, these letters are filed in the minutes book.
Decedent's name
Date will was proven
Form in which will was proven (solemn or common)
Date will admitted to record by order
Executor's name
Whether or not inventory and returns are required
Name of probate judge
Date recorded
  Lunacy Record Books
Book contains index by alleged mentally ill person's name and the petition for commission of lunacy or application.
Name of petitioner or applicant
Name of alleged mentally ill person
Names of three nearest adult relatives
Name of guardian
Name of attorney
Name of physician
Date
Name of judge
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  Marriage Records
Box contains marriage licenses and may contain consent to marriage forms and marriage applications.
Name of groom
Name of bride
Date license issued
Marriage date
Name of judge
Name of person performing wedding ceremony
  Marriage Record Books
Book is indexed by groom's last name. Bride's name is noted next to groom's name. A page number refers to the page with the marriage license.
Groom's name and age
Bride's name and age
Date
Judge's name
Date of license
Date of marriage
Name of person performing marriage ceremony
Date marriage recorded and by whom
  Minutes Books
Book contains an index by name of deceased or person for whom guardianship or other releif is requested. A copy of all the petitions, notices, responses, and the final order in a particular case are included in the minutes book.
Name of petitioner
Type of petition
Name of deceased or person for whom guardianship or other relief is requested
Name of judge
Date
Resolution of petition
Other information depending upon the specific petition
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  Minutes County Purposes Books
Before authority over county administrative affairs was transferred to the county commissioner, the judge of the probate courts had jurisdiction over many matters pertaining to county affairs, including, but not limited to, property, tax, roads, bridges, ferries, militia districts, vacancies in county offices, claims against the county, and collection and disbursement of money belonging to the county. The book contains an index by person's name and a record of the county business administered.
The information varies according to the type of county business, but includes the following:
Name of petitioner
Name of judge
Date
Description of what is being recorded
  Miscellaneous Records
These are multiple records relating to county purposes such as records of county poor, estray records, election records, roads and bridges, retailers bonds, miscellaneous bonds, miscellaneous county expenses, free persons of color, real property, slave mortgages, indentures, bastardly records, insolvency petitions and lists, military records, court records, lunacy hearings, and vital records.
The information varies according to the type of record.
  Oaths and Bonds Books
Oaths and bonds of county officers are currently recorded in this book. Other matters which the Probate Court currently handles but are county business, such as vacancies in county offices, would most likely be filed in the Minutes County Purposes books now maintained by the Clerk of Superior Court, but there may be a few miscellaneous items which are filed in the Oaths and Bonds book. Oaths and bonds may also be filed as loose papers in boxes.
Date
Office elected
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  Tax Digest Books
Alphabetical by militia district. These books are in extremely fragile condition, many times with covers missing, leaving the records undated.
Data is organized by militia district and includes:
Name
Market value of various types of property
List of ex-confederate soldiers
  Will Record Books
Book contains index by decedent's last name, and a copy of the will. The will copies are filed at the time the will is probated. The dates listed refer to the probated date where available. Where not available, the date is the date that the will was made, which may be significantly earlier than the probated date.
The format and content of each will may vary, but the following information is generally included:
Name of deceased
Heirs
Executor
Date
Signature of deceased
Names of witnesses
Name of notary public
Date notarized
Date that the will was probated, and in what form
Name of judge
  Year's Support Books
Indexed by name of deceased. A granting of year's support (also known as twelve months' support) conveys the title of the real property of the deceased to the petitioner (usually the spouse) and minor children of the deceased. In some cases permission must be granted by the court in order to later sell or incumber the property. Since 1980 the year's support petitioners are filed in the minutes books.
Petitioner's name
Name of deceased
Name of minor child(ren)
Description of real estate
Purpose for which sale or conveyance is requested
Appointment of guardian ad litem for children
Date
Name of judge
Plat or survey of property may be included (not required)
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