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Georgia Probate Guide

Probate in Georgia.

Georgia probate runs on a set of filings and deadlines that start the moment letters are issued. This guide walks you through each step with the actual statute citation and the current small estate threshold.

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At a glance — Georgia probate
Small estate threshold
$10,000
After 30 days
Creditor claim period
8 months (fixed statutory period)
OCGA § 53-2-50
Administration types
2
independent, supervised
Minimum time to close
~11 months
Shortest realistic path

Types of probate administration in Georgia

Georgia recognizes 2 paths. The right one depends on the will, the value of the estate, and whether all beneficiaries agree.

INDEPENDENT

Executor acts independently with minimal court supervision. No court approval required for distributions or property sales after initial appointment.

Qualifying requirements
  • Authorized by will
  • OR all beneficiaries consent in writing
Court approval required for
  • Opening the estate
  • Closing the estate
SUPERVISED

Full court supervision. Court approval required for all major actions including distributions and property sales.

Qualifying requirements
  • Default if independent not authorized or requested
Court approval required for
  • Opening the estate
  • Property sales
  • Distributions to beneficiaries
  • Court approval of accounts
  • Closing the estate

The Georgia probate process, step by step

These are the filings ordered the way they actually happen in a typical Georgia estate. Each deadline is keyed to the triggering event — death, letters issued, first publication — and tied to the statute.

  1. 1

    File Will / Application for Probate

    Deadline: 1 year from death

    File Petition for Probate of Will with Probate Court

    3 supporting documents
    • Original will (if exists)
    • Death certificate
    • Petition with decedent info, estate value estimate, heirs/devisees names and addresses
    OCGA § 53-2-4
  2. 2

    Publish Notice of Appointment

    Deadline: immediately from letters issued

    Clerk publishes notice in newspaper. Includes notice to creditors.

    2 supporting documents
    • Notice of appointment
    • Creditor notice for publication
    OCGA § 53-2-50
  3. 3

    File Inventory and Appraisement

    Deadline: 60 days from letters issued

    List all known assets with market values. Include real estate, personal property, financial accounts.

    2 supporting documents
    • Inventory and Appraisement Form
    • Asset appraisals (by disinterested appraisers)
    OCGA § 53-6-20
  4. 4

    Creditor Claims Period

    Deadline: 8 months from first publication

    Wait for creditor claims deadline. Personal representative investigates and allows/disallows claims.

    OCGA § 53-2-50
  5. 5

    File Account / Final Accounting

    Deadline: After creditor period expires from creditor deadline

    Independent: file account with court. Supervised: file formal accounting with court approval.

    3 supporting documents
    • Account (independent or supervised)
    • Receipts for debts paid
    • Tax returns filed
    OCGA § 53-6-30
  6. 6

    File Distribution Account

    Deadline: After accounting approved / debts settled from accounting approved

    Distribute remaining assets to beneficiaries per will or Georgia intestacy law.

    2 supporting documents
    • Distribution Account
    • Beneficiary receipts
    OCGA § 53-6-40
  7. 7

    Close Estate

    Deadline: After all distributions complete from distribution complete

    File final account and obtain order of discharge from court.

    2 supporting documents
    • Final account
    • Final order of discharge
    OCGA § 53-6-50

Creditor notice and claim period

After the personal representative is appointed, a notice to creditors must be published once for 1 week. Creditors then have a limited window to file claims; claims filed after the deadline are generally barred.

Claim period
8 months (fixed statutory period).

Direct mailing is also required to Each heir, Each devisee, Known creditors (if known).

Absolute bar
No claims can be filed after 2 years from death regardless of notice
OCGA § 53-2-50

Small estate alternative in Georgia

If the gross estate is small enough, Georgia allows a simplified path that skips most of the formal probate machinery. Faster, cheaper, and — done right — every bit as final.

Threshold
$10,000
Gross estate value
Wait period
30 days
After date of death
Publication
Not required
Standard simplified path
Requirements
  • Estate value (after debts) does not exceed $10,000
  • 30+ days since death
  • No application for letters pending or granted
  • Affiant is person designated in will as personal representative OR any distributee
OCGA § 53-2-70

Where probate is filed in Georgia

Probate is filed in the county where the decedent lived at the time of death. A sample of active Georgia courts:

Probate Court of Fulton County
Fulton County County
136 Pryor Street SW, Atlanta, GA 30303
(404) 613-3100e-filing available
Probate Court of DeKalb County
DeKalb County County
4380 Memorial Drive, Suite 200, Decatur, GA 30032
(404) 298-4000e-filing available
Probate Court of Gwinnett County
Gwinnett County County
75 Langford Parkway, Lawrenceville, GA 30046
(678) 985-3000e-filing available
Probate Court of Cobb County
Cobb County County
100 Cherokee Avenue, Marietta, GA 30090
(770) 528-2000e-filing available

Frequently asked questions

+How long does probate take in Georgia?

Most Georgia estates close in 11–17 months. The floor is set by the creditor claim period (8 months (fixed statutory period).) plus the time to file inventory, settle debts, and prepare the final accounting. Estates with real property sales, tax returns, or disputes run longer.

+Does Georgia have a small estate option?

Yes. If the gross estate is $10,000 or less and at least 30 days have passed since the date of death, you can generally use a small estate affidavit or collection procedure instead of full probate. Citation: OCGA § 53-2-70.

+What types of probate administration does Georgia recognize?

Georgia recognizes independent or supervised administration. independent — Executor acts independently with minimal court supervision. No court approval required for distributions or property sales after initial appointment. supervised — Full court supervision. Court approval required for all major actions including distributions and property sales.

+How does Georgia's creditor notice period work?

After the personal representative is appointed, a notice to creditors must be published once in a qualifying newspaper for 1 week. Creditors then have 8 months (fixed statutory period). Claims filed after the deadline are barred. Citation: OCGA § 53-2-50.

+Do I have to hire a Georgia attorney to probate an estate?

Georgia law doesn't strictly require an attorney, but most personal representatives retain one. Court rules, creditor notice requirements, tax returns, and fiduciary accounting obligations create personal liability for the personal representative if they're done incorrectly. A flat-fee attorney through Closewell handles filings, statutory notices, inventory, and accounting with fixed pricing and no hourly billing.

+How much does probate cost in Georgia?

Court filing fees in Georgia typically run $200–$500, plus publication costs of $100–$300 for the creditor notice. Attorney fees are the biggest variable — traditional hourly counsel on a routine estate often bills $5,000–$15,000, while flat-fee services like Closewell price the same work from $1,400–$4,500 depending on complexity. Bond premiums, appraisals, and tax preparation are additional.

We’re not live in Georgia — yet.

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