How Probate Works in Georgia

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

When someone dies owning assets in their name alone, those assets typically have to pass through probate before they can be transferred to heirs or beneficiaries. In Georgia, that process is supervised by the Probate Court in the county where the decedent was domiciled at death — not where they died, and not where their property sits.

Step 1: File a Petition with the Probate Court

The process starts when an interested party — usually the named executor or a close family member — files a petition with the county Probate Court. Under O.C.G.A. § 53-5-1, you file in the county of the decedent’s domicile. The petition asks the court to admit the will (if one exists) and to appoint a personal representative to manage the estate.

If there is no will, the estate is intestate, and the petition asks only for the appointment of an administrator. Georgia’s intestacy statute (O.C.G.A. § 53-2-1) governs who inherits in that situation.

Step 2: Choose Common Form or Solemn Form

Georgia gives petitioners a choice between two procedural tracks for admitting a will.

Common form (O.C.G.A. § 53-5-15) is the faster option. It requires no advance notice to heirs and can be admitted on the sworn testimony of a single witness. The tradeoff: the order is not conclusive. Any interested party has 4 years from the probate order to file a caveat and contest the will or the proceedings. Common form is often used when the estate is simple, relationships are uncomplicated, and speed matters.

Solemn form (O.C.G.A. §§ 53-5-20 through 53-5-28) requires that formal notice be served on all heirs at least 30 days before the hearing. Once the court enters the order, it is conclusive against all parties who received notice. Six months after the order, it is conclusive against everyone — including those who were not served. Families who want a clean, final result with no lingering risk of contest typically choose solemn form.

Note that a will must be offered for probate within 5 years of the last petition for personal representative appointment (O.C.G.A. § 53-5-3).

Step 3: Appointment of the Personal Representative

Once the will is admitted (or the court confirms there is none), the court appoints a personal representative and issues either Letters Testamentary (if the decedent named an executor in a will) or Letters of Administration (if there is no will or no willing executor). Those letters are the legal authorization the personal representative needs to act — opening bank accounts, transferring titles, and dealing with creditors.

Step 4: Inventory and Creditor Notice

Within 60 days of qualifying, the personal representative must publish a notice to creditors once per week for 4 weeks in the county’s official newspaper (O.C.G.A. § 53-7-41). Within 6 months of qualifying, a complete inventory of estate assets must be filed with the court and sent to all beneficiaries and heirs (O.C.G.A. § 53-7-30).

Creditors have 3 months from the last publication date to file claims or lose the right to share equally in distributions.

Step 5: Pay Debts and Expenses

The personal representative is not required to pay debts until 6 months after qualification (O.C.G.A. § 53-7-42), giving time for claims to come in. Debts are paid in the priority order set by O.C.G.A. § 53-7-40: year’s support first, then funeral expenses, then administration costs, and so on down the list. If the estate cannot cover all debts, lower-priority creditors may receive nothing.

Step 6: Distribute the Estate

Once debts, taxes, and expenses are paid, the personal representative distributes what remains to the beneficiaries named in the will — or, if there is no will, to the heirs according to Georgia’s intestacy law. The personal representative then files a final accounting with the probate court and petitions for discharge.

Typical Timeline

Most straightforward Georgia estates move through this process in 6 to 12 months. The primary driver is the 6-month creditor window — the estate generally cannot close before it expires. Contested estates, those involving real property in multiple counties, business interests, or disputes among heirs can take 2 to 4 years or longer.

If you need to move faster, consider whether non-probate tools — joint tenancy, transfer-on-death deeds, or beneficiary designations — could have kept key assets out of the probate estate entirely. See the Non-Probate Transfers guide for more.