Probate in Georgia

This is general information, not legal advice. A Georgia probate attorney can help with your specific situation.

Probate is the court-supervised process of settling a deceased person’s estate — validating the will (if there is one), appointing someone to manage the estate, paying outstanding debts, and distributing what remains to the rightful heirs or beneficiaries. In Georgia, that process runs through the Probate Court of the county where the decedent was domiciled at the time of death, under O.C.G.A. § 15-9-30 and O.C.G.A. § 53-5-1.

Which Court Handles Probate

Each of Georgia’s 159 counties has its own Probate Court with exclusive jurisdiction over estate administration. You file in the county where the decedent lived — not where they owned property or where they died. If the decedent lived in Fulton County, probate opens in the Fulton County Probate Court, even if real estate is scattered across the state.

Two Tracks: Common Form vs. Solemn Form

Georgia offers two procedural paths for admitting a will.

Common form probate (O.C.G.A. § 53-5-15) moves quickly because it does not require advance notice to heirs. The court can admit the will based on the testimony of one witness. The tradeoff: the resulting order is not conclusive. Any interested party — an heir, a creditor, anyone with a legal stake — has 4 years from the probate order to file a caveat (a formal will contest) and challenge what was done.

Solemn form probate (O.C.G.A. §§ 53-5-20 through 53-5-28) requires that all heirs be served with formal notice at least 30 days before the hearing. Once the court enters the order, it becomes conclusive against all parties who were served. Six months after the order, it becomes conclusive against everyone — even parties who were not served. Estates that want finality typically choose solemn form.

Georgia also sets a 5-year outer limit to offer a will for probate from the last petition for personal representative appointment (O.C.G.A. § 53-5-3).

The Personal Representative

The person responsible for administering the estate is called an executor if named in the will, or an administrator if appointed by the court (typically when there is no will, or when no named executor is willing and able to serve). The probate court issues Letters Testamentary or Letters of Administration, which give the personal representative legal authority to act on behalf of the estate.

Key deadlines for personal representatives:

• File an inventory of estate assets within 6 months of qualification (O.C.G.A. § 53-7-30)
• Publish creditor notice once per week for 4 weeks in the county’s official newspaper within 60 days of qualification (O.C.G.A. § 53-7-41)
• The personal representative is not required to pay debts until 6 months after qualification (O.C.G.A. § 53-7-42)

See the Personal Representative Duties guide for a full breakdown.

Creditor Claims and Debt Priority

Creditors who receive constructive notice through publication must file their claims within 3 months from the date of last publication or lose their right to participate equally in estate distributions (O.C.G.A. § 53-7-41(b)). When the estate cannot pay all debts in full, Georgia law sets a strict priority order under O.C.G.A. § 53-7-40: year’s support comes first, then funeral expenses, then administration costs, then last-illness expenses, then taxes, then judgment liens, and finally all other claims.

See the Creditor Claims guide for details on notice, deadlines, and priority.

Year’s Support

Georgia’s year’s support law (O.C.G.A. §§ 53-3-1 through 53-3-21) gives the surviving spouse and minor children the right to petition for property from the estate to cover their support for the 12 months following death. This is the highest-priority claim in the entire estate — it ranks above funeral expenses and all creditors. The petition must be filed within 24 months of the date of death. Property set apart as year’s support is completely exempt from creditors.

Year’s support can sometimes function as an alternative to full probate administration if the award encompasses most or all of the estate. See the Year’s Support guide for more.

Spousal Rights: No Elective Share in Georgia

Georgia is a common law (separate property) state — spouses do not automatically own half of what the other earns during the marriage (O.C.G.A. § 19-3-9). More significantly, Georgia has no elective share law. A testator can legally disinherit a spouse entirely by will. The surviving spouse’s primary statutory protection against disinheritance is the year’s support right described above.

Under Georgia’s intestacy statute (O.C.G.A. § 53-2-1), if there is no will, a surviving spouse inherits 100% of the estate if there are no children, splits the estate 50/50 with one child, or receives at least one-third if there are two or more children.

Non-Probate Transfers

Not everything goes through probate. Assets that pass outside the probate estate include:

• Joint tenancy with right of survivorship — Georgia presumes tenancy in common (no survivorship) by default; survivorship rights must be expressly stated in the deed (O.C.G.A. § 44-6-190)
• Transfer-on-death (TOD) deeds — new as of July 1, 2024 (O.C.G.A. § 44-17-2); lets an owner name a beneficiary for real property who receives it automatically at death, with no probate required (the beneficiary must record an acceptance affidavit within 9 months)
• Beneficiary designations — life insurance, retirement accounts (IRAs, 401(k)s), and TOD securities accounts pass directly to named beneficiaries outside probate

See the Non-Probate Transfers guide for how to use these tools.

Small Estate Options

Georgia does not have a universal small estate affidavit. The only narrow affidavit procedure covers bank deposits of $15,000 or less for intestate decedents (O.C.G.A. § 7-1-239). For most small estates, year’s support or formal probate is still necessary. See the Small Estate Options guide for the full picture.

Typical Timeline

A simple, uncontested Georgia probate estate typically takes 6 to 12 months, driven largely by the 6-month creditor claim window and the time needed to inventory assets, pay debts, and make distributions. Contested or complex estates — disputed wills, out-of-state assets, business interests — can take 2 to 4 years or longer.

Find Help

Navigating probate without guidance can lead to missed deadlines, personal liability, and family disputes. Find a Georgia probate attorney who can advise you on your specific situation.

---

Guides in this section:

• How Probate Works in Georgia
• Personal Representative Duties
• Creditor Claims in Georgia Probate
• Year’s Support: The Surviving Spouse’s Priority Right
• Small Estate Options in Georgia
• Non-Probate Transfers in Georgia