TextCall

HomeHow probate works

Georgia probate guide

How probate works in Georgia

The short answer

Probate is how a Georgia court puts one person in charge of what your loved one left. You go to the probate court in the county where they lived. The judge names that person. They pay the debts and hand out what is left. The court forms are free on the state's probate judges' website.

By Georgia Probate Specialist team

On this page
  1. 01What probate does
  2. 02Who does what
  3. 03The main paths
  4. 04The steps, start to finish
  5. 05Where the house fits

What probate does

When someone dies, their bank accounts, car and house are still in their name. No one can sign for them. Probate fixes that.

Read more

The court gives one person a paper called letters. Letters prove that person can act for the estate. The estate is everything your loved one left behind, and everything they owed.

You use the probate court in the county where your loved one lived when they died. It does not matter where you live.

Some things skip probate. An account with a named beneficiary goes straight to that person. So does anything held in a trust, or owned jointly with a right of survivorship.

Who does what

The law calls the person in charge the personal representative. If the will names them, they are the executor. If there is no will, the court names an administrator. It is the same job either way.

WhoWhat they do
Probate judgeNames the person in charge. Rules if someone objects.
ExecutorNamed in the will. Pays the debts and hands out the rest.
AdministratorPicked by the court when there is no will. Does the same job.
HeirsGet notice of key steps. Can agree, or object.
Court clerkTakes papers and fees. Explains the steps. Can't pick your path for you.
Read more

The heirs are the closest family under Georgia law. With no will, a spouse and the children share equally. A spouse never gets less than one-third. If there are no children or grandchildren, the spouse gets everything.

Read next: Probate without a willRead next: Letters of administration vs. testamentary

The main paths

Each path has its own state form. Which one fits depends on your family. Court staff are not allowed to pick it for you. The law treats that as giving legal advice.

  • There is a will: solemn form

    The most used path when there is a will. Each heir gets formal notice and 30 days to object.

    • Form: GPCSF 5
    • Heirs get notice first

  • There is a will: common form

    The court can act without telling the heirs first. But for four years, or longer for an heir who is a minor, an heir can still challenge the will.

    • Form: GPCSF 4
    • Open to challenge for 4 years or more

  • No will: letters of administration

    The heirs pick who runs the estate. That person needs a bond, a kind of insurance, unless every heir agrees to waive it.

    • Form: GPCSF 3
    • Bond unless heirs waive it

  • No will, no debts: No Administration Necessary

    No one is put in charge. Every heir must agree in writing on who gets what. The estate owes no debts, or the people owed agree.

    • Form: GPCSF 9
    • All heirs must agree

  • Year's support

    A spouse or minor children can ask for a year of support from the estate. It comes ahead of other debts. The request has to be filed within 24 months of the death.

    • Form: GPCSF 10
    • 24-month limit
Read next: Probate without a lawyerRead next: No Administration NecessaryRead next: Year's supportRead next: Which probate forms

The steps, start to finish

Every estate is a little different. Here is the usual order once someone files.

  1. Day 1

    The will, if there is one, and the petition go to the court. The fee is paid when you file.

  2. Notice

    Heirs get notice and 30 days to object. Heirs who sign a waiver skip the wait.

  3. Letters

    With no objection, the judge names the person in charge. They take an oath before a judge or clerk, not a notary. Then letters are issued.

  4. By day 60

    A notice to creditors starts in the county paper. It runs once a week for 4 weeks.

  5. 3 months on

    Creditors have 3 months after the last notice to come forward.

  6. Month 6

    The inventory is due. It is a list of what the estate owns.

  7. Each year

    A yearly report is due within 60 days of each anniversary of the letters.

  8. The end

    Debts are paid, the rest is handed out, and the court lets the person in charge go.

Read next: How long probate takesRead next: What probate costs

Where the house fits

The house is often the biggest thing in the estate. It is also the hardest one to leave alone. Someone has to keep it insured and pay the taxes while the court works.

Read more

To sell it, the person in charge needs the power to sell. The will can give that power. With no will, the heirs can all ask for it, and the court can grant it when letters are issued. If neither gave that power, they ask the court for leave to sell. That is the court's okay. The heirs get notice. If no one objects in time, the court can approve the sale.

Read next: Selling a house during probateRead next: House still in a parent's nameRead next: A family member lives in the houseRead next: The mortgage when the owner dies

Quick answers

Questions people ask

Does every estate have to go through probate?

No. Some things pass on their own, like an account with a named beneficiary. Whether the rest needs probate depends on what is still in your loved one's name.

Which county do I go to?

The probate court in the county where your loved one lived when they died.

Do I have to turn in the will?

Yes. Georgia law says whoever holds a will has to file it with the probate court. That holds even if no one plans to probate it.

Can I run the estate if I live in another state?

Georgia has a form for that case. GPCSF 53 lets a judge or clerk where you live give you the oath, so you don't have to travel just for that step.

Where these facts come from22 sources

This page explains how things work. It is not legal advice. Each fact here comes from one of these sources.