HomeHow long probate takes
Georgia probate guide
How long probate takes in Georgia
The short answer
Fulton County's probate court puts the average at 6 to 12 months. Georgia Legal Aid says about a year. Some waits are set by law. Heirs get 30 days to object. Creditors get a newspaper notice for 4 weeks, then 3 more months to come forward. A fight, a missing heir, or a house sale can make it longer.
By Georgia Probate Specialist team
On this page
The waits the law sets
These are the waits in Georgia law and the state forms. Most run one after another, so they add up.
Filing
The petition goes in. With no will, it asks the court to name an administrator.
30 days
Heirs get notice and 30 days to object. Heirs who sign a waiver skip this.
4 weeks
If an heir can't be found, notice runs in the paper once a week for 4 weeks.
Letters
No objection? The letters are issued. The clocks below start now.
By day 60
The notice to creditors starts in the county paper. It runs once a week for 4 weeks.
3 months on
Creditors have 3 months after the last notice to make a claim.
Month 6
The inventory is due: a list of what the estate owns. Heirs get a copy, unless the will or all the heirs waive it.
Each year
A yearly report is due within 60 days of each anniversary of the letters, until the estate closes.
The creditor wait, added up
Once the court names a person in charge, this wait can't be skipped. That person has to start the notice within 60 days of getting letters.
- Time to start the notice
- 0 to 60 days
- First to last notice
- 3 weeks
- Wait after the last notice
- 3 months
- Creditor wait after letters
- About 4 to 6 months
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If the notice starts right away, the wait ends about 4 months after letters. If it starts on day 60, it ends closer to 6.
What sets the pace on each path
We could not find a Georgia court that posts a time for each path. Here is what sets the pace on each one.
Will, common form
The court can act without notice to heirs, so letters can come sooner. But for four years, or longer for an heir who is a minor, an heir can still challenge the will.
- No notice wait
- Open to challenge for 4 years or more
Will, solemn form
Heirs get notice first, with 30 days to object. It takes longer if an heir has to be found by newspaper notice.
- 30-day notice
- 4 more weeks if an heir is missing
No will
The judge names an administrator first. A bond is needed unless every heir agrees to waive it, and waiving it takes a newspaper notice.
- Judge picks first
- Bond or waiver
Year's support
The request runs in the paper once a week for 4 weeks. Others get at least 30 days' notice before the date to object.
- Due within 24 months of death
What makes it take longer
Fulton's court names a few causes. The state forms and court guides add more.
- No will. The judge has to name an administrator before anything else moves.
- A fight. An objection can mean a hearing.
- Heirs who won't sign, or can't be found. The court has to serve them, or run a notice in the paper for 4 weeks.
- A child as an heir. The court names a guardian ad litem to speak for the child.
- Selling the house when neither the will nor the heirs gave the power to sell. The heirs get notice and a chance to object first.
- A large or tangled estate.
The house while you wait
The house doesn't pause while the court works. Tax bills keep coming. Some policies change when a home sits empty, so call the insurer and ask what yours says. Someone has to cut the grass and check the locks.
Quick answers
Questions people ask
How long do creditors have to make a claim?
Three months after the last newspaper notice. The notice has to start within 60 days of letters and runs once a week for 4 weeks. A creditor who waits too long can lose out to those who were paid first.
Is there a deadline for year's support?
Yes. The request has to be filed within 24 months of the death.
Can we speed it up?
Sometimes. When every heir signs the waiver of notice, the 30-day wait goes away. Once the court names a person in charge, the creditor wait can't be skipped.
When is the inventory due?
Within 6 months after the person in charge is named. A copy goes to the heirs too, unless the will or all the heirs waive it (§ 53-7-32 and § 53-7-33). The person in charge also has 6 months to learn what the estate owes.
Where these facts come from14 sources
This page explains how things work. It is not legal advice. Each fact here comes from one of these sources.
- Fulton County Probate Court, FAQ: how long does probate take?
- Georgia Legal Aid, What should I know about the probate process in Georgia?
- O.C.G.A. § 53-7-41, notice to creditors
- O.C.G.A. Title 53, Chapter 7 (§ 53-7-30 inventory within six months; § 53-7-67 yearly return)
- O.C.G.A. § 53-7-32, all heirs can excuse the inventory (a will can too, § 53-7-33)
- O.C.G.A. § 53-3-5, year's support filed within 24 months
- GPCSF 3, Petition for Letters of Administration (bond, notice, waivers)
- GPCSF 4, Petition to Probate Will in Common Form (four years; yearly return)
- O.C.G.A. § 53-5-19, a will in common form becomes final after four years (minors: four years after they reach majority)
- GPCSF 5, Petition to Probate Will in Solemn Form (30-day notice; publication)
- GPCSF 10, Petition for Year's Support
- O.C.G.A. § 53-8-10, power to sell estate property
- O.C.G.A. § 53-8-13, leave to sell
- A Layman's Guide to Probate Procedures in Georgia (Columbia County)