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Georgia probate guide

What to do when someone dies in Georgia: a checklist

The short answer

Go easy on yourself first. Over the next few weeks, order certified death certificates. Find the will and get it to the probate court. Call the banks, and keep the house locked and insured. Hold off on paying debts, handing out belongings or selling anything. Those wait until the court gives someone letters, its paper that lets them act for the estate.

By Georgia Probate Specialist teamPublished October 17, 2026Updated October 17, 2026

On this page

01The first few days
02Death certificates
03The will
04Bank accounts and benefits
05The house
06When to go to the probate court
07What to hold off on

The first few days

There is no prize for speed this week. These few things help most.

Let close family know, and let them help.
Keep the will, if you find one, somewhere safe.
Gather the mail and the paperwork in one box. Statements and bills show what the estate owns and owes. The estate is everything your loved one left.
If your loved one got Social Security, ask the funeral home whether it reported the death. If not, call Social Security.

Death certificates

Georgia's state vital records office charges $25 for the first certified copy and $5 for each extra copy. Pay by card, money order or certified check. The state does not take personal checks.

Certified copies go only to people with a direct and tangible interest, such as close family or a legal representative. You can order online, in person or by mail. By mail, the state office says to plan on 8 to 10 weeks.

Banks, insurers and the probate court may each want a copy. County vital records offices sell copies too, so ask your county what it charges.

The will

Georgia law puts a duty on the person holding a will: take it to the probate court with reasonable promptness. The court can fine or jail someone who keeps a will back.

Can't find one? The court may already have it. Some people leave their will with the probate court to hold.

Search probate records

Bank accounts and benefits

Call each bank to tell them about the death, and ask what they need from you.

A joint account usually goes to the other owner on it. An account marked payable-on-death goes to the person named on it. A will can't change either one.

An account in your loved one's name alone, with no one named, belongs to the estate. Leave it alone for now. The power to act for the estate starts when the court gives someone letters. The one shortcut: with no will, if the account holds $15,000 or less, the bank may pay it to close family who sign its sworn form. Ask the bank.

If your loved one got Medicaid for long-term care, Georgia's Medicaid office wants to hear about the death in writing within 30 days. Call the Estate Recovery Unit at 770-916-0328.

Bank accounts after a death

The house

Keep the house locked, and check on it often if no one lives there.

Let the home insurer know about the death. Ask whether the policy covers the house while no one lives there, and get the answer in writing.

Something urgent, like a leaking roof, can't always wait for letters. The probate court can appoint a temporary administrator to look after estate property in the meantime. It doesn't have to give notice first.

Ask the post office what it needs to forward your loved one's mail.

House still in a parent's name

When to go to the probate court

Probate is how a Georgia court hands one person the job of settling what your loved one left. The will goes in first, if there is one. Opening an estate comes next when something is still in your loved one's name alone and needs someone to act for it, like the house.

If there is a will, the person it names to run the estate is the executor. With no will, the court picks an administrator. Either way, the court's letters are what let them act.

Not every death needs probate. Some things pass on their own.

Take the quiz: which probate path fits you?

Do you need probate?How probate works Which probate forms

What to hold off on

These jobs belong to the person the court puts in charge, once they have letters.

Paying the estate's bills. Georgia law sets the order debts get paid, and funeral costs sit near the top.
Handing out money or belongings to family. The heirs, the family who inherit, get their shares after the debts.
Signing a deed or agreeing to sell the house. No one can sell it for the estate until someone has letters and the power to sell.
Paying creditors who call. After letters, a notice to creditors runs in the county paper, and they get 3 months after the last notice to come forward.

Quick answers

Questions people ask

How many death certificates should I order?

Several. Banks, insurers and the probate court may each ask for a certified copy. From the state office, extra copies cost $5 each after $25 for the first.

Who can order a death certificate in Georgia?

Certified copies go to people with a direct and tangible interest, such as close family or a legal representative.

Can I pay for the funeral from Mom's bank account?

From an account in her name alone, usually not until someone has letters. One exception: with no will, if the account holds $15,000 or less, the bank may pay it to close family on a sworn form, starting with the spouse. If no family asks within 45 days of the death, the bank may pay up to $15,000 toward funeral and last-illness bills. A joint or payable-on-death account usually passes to you. Ask the bank.

When do we go to the probate court?

The will goes in with reasonable promptness, as Georgia law puts it. Opening the estate comes when something in your loved one's name alone needs someone to act for it.

Where these facts come from12 sources

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