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Georgia probate guide

Can you do probate in Georgia without a lawyer?

The short answer

Yes. Georgia does not require a lawyer for probate, and the state forms are free. But the whole job is yours. You pick the path and give notice to every heir. If someone objects, you prove your case. Court staff can explain the steps. They can't choose a path for you or help fill out the forms.

By Georgia Probate Specialist team

On this page
  1. 01Yes, you can do it yourself
  2. 02What the court can and can't do
  3. 03What you take on
  4. 04Two steps that need someone else
  5. 05When a lawyer is usually worth it
  6. 06Free and low-cost help

Yes, you can do it yourself

Hall County's probate court tells families they are not required to have a lawyer. It still asks them to think about getting one.

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The state's standard forms are free online. A retired Georgia probate judge wrote a guide that says the forms are made to help families do simple filings on their own.

Some papers have no standard form, though. If someone objects or fights the will, you would have to write those papers yourself.

Read next: How probate works

What the court can and can't do

Picking a path for you would be practicing law without a license. In Georgia that is a crime, so court staff won't do it.

Court staff canCourt staff can't
Explain how the court worksPick which path fits your family
Answer questions about the stepsHelp fill out your forms
Set a hearing dateTell you what to do in your case
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The judge has to stay neutral. Hall County asks families not to call or email the judge about their case.

What you take on

Hall County's court lists what a family takes on when they file alone.

  • Picking the right path.
  • Giving notice to everyone who must get it, and filing proof that you did.
  • Typing or neatly printing each form, complete and correct.
  • Paying the fees when you file. If the case is thrown out, you don't get them back.
  • If someone objects: finding witnesses, following the rules of evidence, and proving your case.

Two steps that need someone else

The oath is one. The person in charge swears it before a probate judge or clerk. A notary can't give it.

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The heirs' signatures are the other. When heirs sign to say they got notice, they sign in front of a notary or the probate clerk.

When a lawyer is usually worth it

Court guides point to the same handful of cases. Lawyers set their own fees. The bill tends to grow with a family fight or a long list of heirs.

  • You aren't sure which path fits. Both court guides say to get a lawyer then.
  • Someone objects, or fights the will. There are no standard forms for that.
  • There may be another will somewhere.
  • An heir is a child. The court names a guardian ad litem, usually a lawyer, to speak for the child. That adds a fee.
  • The estate owes more than it owns. The judge's guide says to talk to a lawyer before paying any debts.
  • The house has to be sold, and neither the will nor the heirs gave the power to sell. That takes its own court request, called leave to sell, with notice to the heirs.
Read next: What probate costs

Free and low-cost help

Hall County's court warns that no one but a licensed lawyer should help you fill out court forms. That includes us. We share guides and resources. We don't fill out or file anything.

  • Georgia Legal Aid's website has free probate guides and a free way to send a legal question to a volunteer lawyer.
  • Cobb County has a free probate clinic run by Cobb Legal Aid and the Cobb Bar. It is for people with lower incomes and a Cobb probate matter. You sign up first, and dates change each month.
  • Gwinnett's courts post a free probate clinic too. The posted times don't match, so call before you go.
  • Can't pay the filing fee? You can ask to file without paying up front. This is an affidavit of indigence. Gwinnett calls its version a petition to proceed in forma pauperis.

Quick answers

Questions people ask

Will the clerk check my forms?

Clerks can answer questions about the steps. They can't help fill out forms or tell you which one fits your case.

Can a notary give the oath?

No. A probate judge or clerk gives it. If you live in another state, form GPCSF 53 lets a judge or clerk there give it.

Does going without a lawyer save money?

You skip the lawyer's bill. The court fees are the same either way, and they are due when you file. If the case is thrown out, the fees are not refunded.

Can someone who isn't a lawyer fill out the forms for me?

Hall County's court says no. Only a licensed lawyer should help with court forms. Be careful with advice from anyone else.

Where these facts come from13 sources

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