Georgia Probate Guide
Probate in Georgia
Probate is typically required in Georgia when the total estate exceeds $10,000. The process typically takes 12-18 months from filing to final distribution.
Probate Threshold
$10,000
Estate value triggering probate
Average Timeline
12-18 months
Filing to final distribution
Attorney Fees Start At
$4,000+
Minimum for a simple estate
What Is Probate in Georgia?
Probate is the court-supervised legal process for settling a deceased person's estate — validating the will (if one exists), inventorying assets, paying outstanding debts and taxes, and legally transferring property to heirs and beneficiaries. In Georgia, the probate court has jurisdiction over this process whenever assets are titled solely in the name of the deceased without a designated beneficiary or joint owner.
In Georgia, probate is handled by the Probate Court, which gains concurrent jurisdiction with Superior Court over certain trust and fiduciary disputes in the state's most populous counties (population 96,000+). The executor files the will and a petition, receives Letters Testamentary, and then administers the estate under court supervision.
The Georgia Probate Process
Open the estate with the court
The executor named in the will — or a court-appointed administrator if there is no will — files a petition to open probate. The court admits the will to probate (if valid) and issues Letters Testamentary or Letters of Administration, granting legal authority to act on behalf of the estate.
Inventory and appraise all assets
The executor identifies and values every asset owned by the deceased: bank accounts, real estate, investments, retirement accounts, vehicles, business interests, and personal property. In Georgia, the inventory is typically due within 60 days of the executor's appointment.
Notify creditors and pay debts
Notice to creditors is published in a local newspaper, and known creditors are notified directly. In Georgia, creditors have 3 months from first publication of notice to creditors to file claims. Valid debts — including mortgages, credit cards, medical bills, and funeral expenses — are paid from estate assets before any distribution to heirs.
File and pay taxes
The estate may owe a final income tax return, an estate income tax return, and potentially estate or inheritance taxes. Georgia does not impose a state estate tax or inheritance tax, which simplifies this step.
Distribute assets and close the estate
After all debts and taxes are paid, the executor distributes remaining assets to the beneficiaries named in the will — or, if there is no will, according to Georgia intestate succession law. A final accounting is filed with the court and the estate is formally closed.
The full process takes 12-18 months in Georgia for a straightforward estate. Contested wills, creditor disputes, or complex assets can extend this significantly.
Attorney Fees for Georgia Probate
Georgia Attorney Fee Structure
Hourly rate or flat fee; Probate Court supervises; no statutory attorney fee schedule
For most Georgia estates, attorney fees start at $4,000 and increase substantially for estates that include real estate, business interests, multiple heirs, or contested issues. Court filing fees and appraiser costs are separate from attorney fees.
Executor Bond Requirement
Required unless waived in will
Who Inherits Without a Will in Georgia?
Spouse and children share the estate equally per capita, but the spouse's share is never less than one-third regardless of how many children survive; if no children, surviving spouse receives all; if no spouse, children divide equally; parents inherit if no spouse and no descendants
If the deceased did not leave a valid will, Georgia's intestate succession laws determine who inherits — which may not reflect the deceased's actual wishes. A valid will overrides these default rules entirely.
Georgia Estate & Inheritance Tax
No state estate tax; no inheritance tax
Small Estate Options in Georgia
Small Estate Affidavit for bank accounts under $10,000 with no real estate; separately, "No Administration Necessary" (OCGA § 53-2-40) has no dollar cap at all — available for any intestate estate, including real estate, when all heirs agree; Year's Support also available for surviving spouse/minor children, based on need rather than a fixed dollar threshold
Small estate procedures can dramatically reduce costs and processing time — but only for qualifying estates. Consult a probate attorney to determine if the estate qualifies.
More Georgia Probate Resources
Probate Cost in Georgia
Attorney fees, court costs, and total estimated range
Do I Need Probate in Georgia?
Threshold, small estate options, and decision factors
Executor Duties in Georgia
Eligibility, deadlines, compensation, and common mistakes
Small Estate Options in Georgia
Qualification, process, and full probate comparison
Related Reading
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