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Burke County, GA Probate Information
Quick facts
| Item | Burke County details |
|---|---|
| Court | The Burke County Probate Court |
| Courthouse address | 200 East 6th Street, Waynesboro, GA 30830 |
| Mailing | Call the Probate Court before mailing if you need a mailing address different from the courthouse address. |
| Phone | (706) 554-3000 |
| Fax | No fax number is published. |
| Hours | Counter hours are not posted. Call (706) 554-3000 before traveling to Waynesboro. |
| Filing fee | The statutory base fee for a decedent's-estate petition is $175.00, effective January 1, 2025, under O.C.G.A. § 15-9-60, plus statutory add-ons, service costs and publication costs. A $15.00 indigent defense fee, effective January 1, 2025, applies to the named decedent's-estate petitions under O.C.G.A. § 15-21A-6. Confirm the current total with the court before filing. |
| Local forms | No Burke County-specific probate forms are posted. Use the statewide Georgia Probate Court Standard Forms, the GPCSF series. |
| E-filing | No Burke County Probate Court e-filing is published. File on paper by mail or at the court, and file any original will or codicil on paper. |
| Case lookup | Burke County is listed in the estate search at georgiaprobaterecords.com, a portal used by participating Georgia probate courts. If the estate is not listed there, call the Probate Court. |
| Remote appearance | Ask the court whether a hearing can be handled without an in-person appearance. |
| Website | https://burkecountyprobate.com/ |
Before you begin — know the assets and liabilities
Before you file in Burke County, make a working list of the decedent's assets, debts, heirs, beneficiaries and any original will or codicil. The court form you use depends on those facts, including whether the will is offered in common form or solemn form under O.C.G.A. § 53-5, whether there is no will, or whether a narrower Georgia procedure such as year's support under O.C.G.A. § 53-3 may fit.
Asset discovery often changes the estate settlement plan. Sunset's 2,300-institution asset discovery can help locate accounts and insurance before you pay a filing fee, publish a notice, or ask the Burke County Probate Court to issue letters testamentary or letters of administration.
Which court handles jurisdiction
The Burke County Probate Court in Waynesboro serves all of Burke County, including Waynesboro, Girard, Keysville, Midville, Sardis, Vidette and the county's unincorporated communities. Georgia has one probate court in each county, so Burke County estate filings go to the Burke County Probate Court, not to a district office.
For administration, the Probate Court can act when the decedent lived in Burke County at death, or when a nonresident of Georgia owned property in Burke County or had a cause of action here (O.C.G.A. § 15-9-31). A petition for an order declaring no administration is necessary is filed under the Georgia venue rule for that procedure, including the decedent's Georgia county of domicile or, for a nonresident, the county where the real property is located (O.C.G.A. § 53-2-40).
Burke County is not an Article 6 probate court under O.C.G.A. § 15-9-120. A party seeking review of a Burke County Probate Court decision files a petition for review in the superior court within 30 days of the judgment (O.C.G.A. § 5-3-7(b)); the superior court proceeding is de novo, with the jury right preserved (O.C.G.A. § 5-3-5(d)).
The jurisdiction process
- Locate the original will, if there is one. Whoever has the will must file it with the Burke County Probate Court with reasonable promptness (O.C.G.A. § 53-5-5). No published numeric deadline applies.
- Choose the correct statewide GPCSF petition. With a will, choose common form or solemn form under O.C.G.A. § 53-5; common form is not conclusive for four years from the order admitting the will under O.C.G.A. § 53-5-19. With no will, use the petition for letters of administration under O.C.G.A. § 53-6-20. If the heirs agree and debts are resolved, ask whether no administration is necessary under O.C.G.A. § 53-2-40 fits.
- File on paper with the Burke County Probate Court at 200 East 6th Street in Waynesboro, or by mail if the court accepts the packet that way. No Burke County Probate Court e-filing is published, and any original will or codicil must be filed on paper.
- Pay the filing fee when you file. The statutory base fee for a decedent's-estate petition is $175.00, effective January 1, 2025, under O.C.G.A. § 15-9-60, plus statutory add-ons, service costs and publication costs. Confirm the current total with the court before filing.
- Complete notice. The Probate Court issues a citation, and you arrange service, acknowledgments or publication as the petition requires. Burke County publication runs through The True Citizen in Waynesboro when a Georgia probate notice must be published.
- Take the oath before the probate judge or a probate clerk. The oath cannot be taken before a notary. If the petitioner is outside Georgia, ask about GPCSF 53, Commission to Administer Oath.
- Address bond if required. An administrator of an intestate estate gives bond unless all heirs consent to waive it under O.C.G.A. § 53-6-50.
- Receive authority. After the court grants the petition and the petitioner qualifies, letters testamentary or letters of administration issue so the personal representative can act for the estate.
- Publish the creditor notice after qualification. The personal representative must publish within 60 days, once a week for four weeks, in the official newspaper of the county, and creditors who miss three months from the last publication lose equal participation rights under O.C.G.A. § 53-7-41.
- Administer and close the estate. File and mail the inventory within six months unless waived under O.C.G.A. § 53-7-30 and O.C.G.A. § 53-7-32, pay claims, distribute property, file required fiduciary compliance materials and use GPCSF 33 when it is time to seek discharge.
Forms and documents
Probate forms in Burke County
Burke County uses Georgia's statewide GPCSF probate forms. A document prepared on the statewide standard form is acceptable in any Georgia probate court, and a court may decline to process a substitute that does not conform to the standard form rule, Uniform Probate Court Rule 5.9.
| Form | Use |
|---|---|
| GPCSF 3 | Petition for letters of administration when there is no will. |
| GPCSF 4 | Petition to probate a will in common form under O.C.G.A. § 53-5. Common form is not conclusive for four years from the order admitting the will under O.C.G.A. § 53-5-19. |
| GPCSF 5 | Petition to probate a will in solemn form under O.C.G.A. § 53-5. |
| GPCSF 9 | Petition for order declaring no administration is necessary under O.C.G.A. § 53-2-40. |
| GPCSF 10 | Petition for year's support under O.C.G.A. § 53-3. |
| GPCSF 32 | Petition by personal representative for waiver of bond and/or grant of certain powers. |
| GPCSF 33 | Petition for discharge of personal representative. |
| GPCSF 53 | Commission to administer oath for a petitioner who needs to take the oath before a court outside Georgia. |
The current statewide forms are posted by the Council of Probate Court Judges at https://gaprobate.gov/standard-forms/.
Recent updates
Scenarios
| Scenario | Burke County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Property with survivorship or a beneficiary designation may pass outside the estate. If the home or accounts are in the decedent's sole name, file with the Burke County Probate Court on the statewide forms. Year's support under O.C.G.A. § 53-3 can set aside property including the family home and must be filed within 24 months of death under O.C.G.A. § 53-3-5. | Sunset helps identify title, accounts and debts before the spouse chooses between ordinary administration, year's support or another Georgia path. |
| Out-of-state adult child with a small estate | Call (706) 554-3000 before mailing papers because counter hours are not posted. The original will goes to the Burke County Probate Court on paper. The oath cannot be notarized, so ask about GPCSF 53 if you need a court where you live to administer it. If the only asset is a bank deposit, ask the bank about the direct-payment route under O.C.G.A. § 7-1-239 before opening a court case. | Sunset helps locate assets, organize the petition packet and decide whether a court filing is needed for estate settlement. |
| Parent settling predeceased child's estate, home must be sold | A home sale usually requires Probate Court authority through letters with powers under O.C.G.A. § 53-7-1(b) and GPCSF 32, or a petition for leave to sell on GPCSF 13. If there is no will, the heirs agree and debts are resolved, an order that no administration is necessary under O.C.G.A. § 53-2-40 may vest title in the heirs, with land-title filing handled through the Burke County Clerk of Superior Court. | Sunset helps inventory assets, flag creditor and heir issues and connect the family with a Burke County probate attorney when a sale is planned. |
Self-help resources
| Resource | How it helps |
|---|---|
| Burke County Probate Court, https://burkecountyprobate.com/ | The filing office for Burke County estates. Call (706) 554-3000 before visiting because counter hours are not posted. |
| Georgia Probate Court Standard Forms, https://gaprobate.gov/standard-forms/ | Current statewide GPCSF forms used for Georgia probate filings, including letters of administration, common form, solemn form, no administration is necessary and year's support. |
| Council of Probate Court Judges of Georgia, https://gaprobate.gov/ | Statewide probate court information, Uniform Probate Court Rules and the probate court directory. |
| Georgia probate case lookup for participating courts, https://www.georgiaprobaterecords.com/Estates/SearchEstates.aspx | Burke County is listed in this participating-court estate search. Call the Probate Court if you do not find the estate. |
| Georgia Legal Services Program, https://www.glsp.org/need-help/ | Free civil legal help for people who qualify in Georgia counties outside metro Atlanta, including Burke County. Statewide intake line: 1-833-457-7529. |
| GeorgiaLegalAid.org, https://www.georgialegalaid.org/ | Plain-language statewide legal information. |
| Georgia Courts self-help resources, https://georgiacourts.gov/a2j/self-help-resources/navigating-the-courts/ | General court orientation for people handling a matter without a lawyer. |
When to hire an attorney
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 institutions to help identify accounts, insurance, investments and other assets that may affect whether a Burke County probate filing is needed.
Generate the probate packet. Sunset helps organize the family information, asset list and Georgia GPCSF forms used for estate settlement, so the filing is easier to review before it goes to the Probate Court.
Find a local probate attorney. When farmland, a house sale, creditor issues or a dispute makes the filing more complex, Sunset connects the family with a vetted Georgia probate attorney who handles Burke County matters.
Sunset is free for families. Families can use Sunset's estate settlement tools without paying Sunset a fee.
Frequently asked questions
Where do I file for probate in Burke County?
File with the Burke County Probate Court in Waynesboro. Georgia venue law allows administration in the county where the decedent lived at death, or for a nonresident of Georgia, in a Georgia county where the decedent owned property or had a cause of action (O.C.G.A. § 15-9-31).
Can I file online in Burke County Probate Court?
No probate e-filing is published for Burke County. File estate papers on paper by mail or at the Probate Court, and remember that an original will or codicil must be filed on paper.
What does it cost to open an estate in Burke County?
The statutory base fee for a decedent's-estate petition is $175.00, effective January 1, 2025, under O.C.G.A. § 15-9-60. Statutory add-ons, service and publication are extra, and the $15.00 indigent defense fee, effective January 1, 2025, applies to the named decedent's-estate petitions under O.C.G.A. § 15-21A-6. Call (706) 554-3000 for the current filing total.
Does Burke County have its own probate forms?
No Burke County-specific probate forms are posted. Use the statewide GPCSF forms, including GPCSF 3 for letters of administration, GPCSF 4 for common form probate under O.C.G.A. § 53-5, GPCSF 5 for solemn form probate under O.C.G.A. § 53-5, GPCSF 9 for no administration is necessary under O.C.G.A. § 53-2-40 and GPCSF 10 for year's support under O.C.G.A. § 53-3.
How do I look up a Burke County estate case?
Use the estate search at georgiaprobaterecords.com, which is a portal used by participating Georgia probate courts. Burke County is listed in that estate search. If you do not find the case, call the Burke County Probate Court.
What are the Burke County Probate Court hours?
Counter hours are not posted. Call (706) 554-3000 before traveling to the courthouse in Waynesboro.
Where is the notice to creditors published in Burke County?
The legal organ is The True Citizen in Waynesboro. After qualification, a personal representative must publish the creditor notice within 60 days, once a week for four weeks, and creditors who miss three months from the last publication lose equal participation rights under O.C.G.A. § 53-7-41.
What if I disagree with a Burke County Probate Court decision?
Because Burke County is not an Article 6 probate court under O.C.G.A. § 15-9-120, a party seeking review files a petition for review in the superior court within 30 days of the judgment under O.C.G.A. § 5-3-7(b). The superior court hears the matter de novo, with the jury right preserved under O.C.G.A. § 5-3-5(d).
Do I have to travel to Waynesboro to take the oath?
Not always. The oath for a personal representative must be administered by a probate judge or clerk and cannot be notarized. If you are outside Georgia, ask the Burke County Probate Court about using GPCSF 53 so the oath can be administered by a court where you live.
Shaped by the families we've helped
Thank you to the thousands of families who have trusted Sunset to help settle their loved ones' estates. This page is shaped by the questions they actually asked and the obstacles they actually hit — and that hard-won experience is what keeps it accurate, current, and genuinely useful to the families who come next.