Georgia Probate Information
Quick facts
| Topic | Georgia rule |
|---|---|
| Probate court structure | Georgia has 159 county Probate Courts and 159 elected Probate Judges. Probate is its own class of court, not a division of another court, and there are no probate circuits or districts. |
| Where to file | File in the Probate Court of the county where the decedent lived. A nonresident estate is filed in a Georgia county where the decedent owned property or where a cause of action lies (O.C.G.A. § 15-9-31). |
| Statewide forms | Georgia uses the statewide Georgia Probate Court Standard Forms, called the GPCSF series, adopted under Uniform Probate Court Rule 5.9. |
| Core filing fee | A decedent's-estate petition is $175.00 statewide, effective January 1, 2025, under O.C.G.A. § 15-9-60, plus statutory add-ons, service and publication. |
| Published county totals | Published county schedules effective January 1, 2025, commonly show about $190 to $210 for a decedent's-estate petition under O.C.G.A. § 15-9-60, before service and publication. |
| Creditor period | The personal representative publishes creditor notice within 60 days of qualification, once a week for four weeks, and creditors have three months from the last publication to notify the representative (O.C.G.A. § 53-7-41). |
| Small estates | Georgia has no small-estate affidavit for general property. The short routes are an order that no administration is necessary under O.C.G.A. § 53-2-40, year's support under O.C.G.A. § 53-3-1, a $15,000.00 financial-institution deposit route under O.C.G.A. § 7-1-239 as amended in 2019, and Department of Revenue Form T-20 for one vehicle. |
| E-filing | There is no statewide mandatory probate e-filing today. Georgia law requires every Probate Court to provide e-filing and electronic payment by January 1, 2029, under O.C.G.A. § 15-9-86.2. The original will still goes to the Probate Court on paper. |
| Case records | There is no single statewide Georgia probate case search. georgiaprobaterecords.com is used by participating Probate Courts and its estates search covers 94 counties. |
| Georgia estate tax | Georgia has no state estate tax and no state estate tax return for deaths on or after July 1, 2014 (O.C.G.A. § 48-12-1). Georgia also has no inheritance tax. |
Before you begin — know the assets and liabilities
Before you choose a Georgia probate path, make a list of what the person owned, how each asset was titled, who is named as beneficiary and what debts are known. That inventory determines whether the estate needs letters, year's support under O.C.G.A. § 53-3, an order that no administration is necessary under O.C.G.A. § 53-2-40, a bank deposit release under O.C.G.A. § 7-1-239, Department of Revenue Form T-20 or no court filing for a particular asset.
Sunset searches more than 2,300 financial institutions to help find accounts, policies and assets before the family commits to a filing. That asset discovery can keep the estate settlement focused on the right county Probate Court, the right GPCSF form and the right notice and publication steps.
Which court handles probate
Georgia probate is county based. The filing office is the Probate Court in the county where the decedent lived, not a statewide office and not a district office. For a nonresident, the proper Georgia county is a county where the decedent owned property or where a cause of action lies (O.C.G.A. § 15-9-31). For an order that no administration is necessary, venue is the decedent's county of domicile, or for a nonresident, the county where Georgia real property is located (O.C.G.A. § 53-2-40).
Georgia has 159 Probate Courts and 159 elected Probate Judges, one in each county. Probate Courts have original, exclusive and general jurisdiction over probate of wills, administration of estates, letters testamentary, letters of administration, estate property sales and distribution (O.C.G.A. § 15-9-30). Probate Courts also handle other county functions in some counties, including marriage licenses, weapons carry licenses, traffic, elections and vital records where assigned by law.
Georgia has no probate circuits and no probate districts. The Council of Probate Court Judges publishes a 28-county Article 6 roster: Athens-Clarke, Bartow, Carroll, Chatham, Cherokee, Clayton, Cobb, Columbia, Coweta, DeKalb, Dougherty, Douglas, Fayette, Floyd, Forsyth, Fulton, Gwinnett, Hall, Henry, Houston, Lowndes, Macon-Bibb, Muscogee, Newton, Paulding, Richmond, Rockdale and Whitfield. Article 6 status requires a county population of more than 90,000 by decennial census and a judge admitted to the practice of law for at least seven years (O.C.G.A. § 15-9-120), but a county's status comes from the Council roster, not from population alone.
Appeals differ by court class. In an Article 6 Probate Court under O.C.G.A. § 15-9-120, civil appeals go directly to the Court of Appeals or Supreme Court under O.C.G.A. § 15-9-123. In other Probate Courts, review is by petition for review filed with the clerk of the superior court within 30 days after the Probate Court's final judgment is filed or recorded (O.C.G.A. § 5-3-7). That review is de novo with a jury right if demanded (O.C.G.A. § 5-3-5), subject to the limits in O.C.G.A. § 5-3-4, including no appellate jurisdiction over a civil case in an Article 6 Probate Court and no review of an order appointing a temporary administrator.
The probate process
- Identify the proper county Probate Court. File in the county where the decedent lived, or for a nonresident, a Georgia county where the decedent owned property or where a cause of action lies (O.C.G.A. § 15-9-31). The Probate Court, not another county office, is the filing office.
- File the original will if there is one. Whoever has the will must file it with reasonable promptness with the Probate Court that has jurisdiction (O.C.G.A. § 53-5-5). If e-filing is available, the original will and any codicil still go to the court on paper under Uniform Probate Court Rule 5.3.12(B).
- Choose the statewide path and GPCSF form. A will may be probated in common form or solemn form under O.C.G.A. § 53-5. If there is no will, use letters of administration, year's support under O.C.G.A. § 53-3, or an order that no administration is necessary under O.C.G.A. § 53-2-40 if the statutory conditions fit.
- Pay the filing fee or file an affidavit of indigence. A decedent's-estate petition is $175.00 statewide, effective January 1, 2025, under O.C.G.A. § 15-9-60, plus add-ons, service and publication. The indigent defense fee is $15.00 under O.C.G.A. § 15-21A-6 on the six named petitions.
- Complete notice, service and publication. Solemn form probate under O.C.G.A. § 53-5 generally requires notice to heirs, with personal service on a known Georgia resident at least 30 days before probate unless waived. Year's support under O.C.G.A. § 53-3 requires citation publication once a week for four weeks and service or mailing not fewer than 30 days before the objection date. Other petitions may require citation, service, acknowledgment or publication.
- Take the oath and handle bond. Before letters issue, the petitioner takes the oath before a probate judge or clerk, not a notary (O.C.G.A. § 53-6-24). An out-of-state petitioner may use GPCSF 53. Bond is required for an intestate administrator or temporary administrator unless waived or excused (O.C.G.A. § 53-6-50).
- Receive letters. Once the court admits the will or appoints the representative and qualification is complete, the court issues letters testamentary, letters of administration, letters of administration with will annexed or temporary letters.
- Notify beneficiaries where required. In a testate estate, the representative gives beneficiary notice within 30 days after letters issue and files the notices, return receipts and any affidavit of diligent search within 60 days (O.C.G.A. § 53-5-8).
- Publish creditor notice. The personal representative publishes within 60 days of qualification, once a week for four weeks, in the county's official newspaper. Creditors have three months from the last publication under O.C.G.A. § 53-7-41.
- Inventory, administer and close. Unless waived or excused, the representative files and mails the inventory within six months after qualification (O.C.G.A. § 53-7-30; O.C.G.A. § 53-7-32), pays valid claims, distributes property, files any required fiduciary compliance reports and petitions for discharge, commonly on GPCSF 33.
Types of probate
Georgia probate paths are statewide. The same paths, the same GPCSF forms and the same statutory base fee apply in every county; the county differences are the filing counter, exact fee total, official newspaper, portal, e-filing status and Article 6 status under O.C.G.A. § 15-9-120.
| Path | When it fits | How it works | Main cite and form |
|---|---|---|---|
| Probate of a will in common form | There is a will and the named executor wants letters testamentary without serving the heirs unless the court requires it. | Common form probate under O.C.G.A. § 53-5 may be granted without service unless the court requires it. It is not conclusive on interested parties adversely affected by the will, and it becomes conclusive four years from the date of the order admitting the will, with the minor-heir exception in the statute. | O.C.G.A. § 53-5-15; O.C.G.A. § 53-5-16; O.C.G.A. § 53-5-19; GPCSF 4 |
| Probate of a will in solemn form | There is a will and the family wants the probate order to bind the heirs. | Solemn form probate under O.C.G.A. § 53-5 requires notice to heirs. Personal service on a known Georgia resident is at least 30 days before probate unless waived. It is conclusive on persons served or represented, and it becomes conclusive against all persons six months after the order except as the statute provides. | O.C.G.A. § 53-5-20; O.C.G.A. § 53-5-21; O.C.G.A. § 53-5-22; GPCSF 5 |
| Letters of administration | There is no will. | All heirs may unanimously select an administrator. If they do not, the Probate Court appoints in the statutory order of preference: surviving spouse, other heirs or the majority-in-interest selection, another eligible person, a creditor or the county administrator. | O.C.G.A. § 53-6-20; GPCSF 3 |
| Letters of administration with will annexed | There is a will but no executor can or will qualify, or the will was already admitted. | Use the combined solemn-form and letters petition when the will is being admitted and no executor will serve, or the separate will-annexed petition where the will was previously probated. | O.C.G.A. § 53-1-2; GPCSF 7; GPCSF 8 |
| Temporary letters of administration | The estate is unrepresented and something must be collected or preserved before a full appointment. | The Probate Court may grant temporary letters without service or notice to anyone. The temporary administrator collects and preserves, and the order appointing a temporary administrator is not reviewable under O.C.G.A. § 5-3-4. This petition does not carry the indigent defense fee under O.C.G.A. § 15-21A-6. | O.C.G.A. § 53-6-30; GPCSF 2 |
| Order that no administration is necessary | The decedent died without a will, no Georgia personal representative has been appointed, debts are absent or handled by consent or service, and all heirs sign an agreed division. There is no dollar limit. | An heir files the petition and the signed original heirs' agreement. If a creditor objects, the court must refuse the order while the objection stands. The order confirms title in the heirs and, when real estate is involved, is recorded in the deed records of each Georgia county where the decedent owned land. | O.C.G.A. § 53-2-40; O.C.G.A. § 53-2-41; GPCSF 9 |
| Year's support | A surviving spouse or minor child needs property set aside, including a house, ahead of other debts. | The spouse, guardian or other person acting for the spouse or minor child files within 24 months of death under O.C.G.A. § 53-3-5. The court issues a citation, publishes once a week for four weeks, and the citation is served or mailed not fewer than 30 days before the objection date under O.C.G.A. § 53-3-6. If nobody objects, the court sets aside the property applied for. | O.C.G.A. § 53-3-1; O.C.G.A. § 53-3-5; O.C.G.A. § 53-3-6; O.C.G.A. § 53-3-7; GPCSF 10 |
| Filing a will without opening an estate | Someone has the original will but nobody is ready to probate it. | The person holding the will files it with reasonable promptness in the Probate Court with jurisdiction. Filing the will alone does not open an estate or give authority to act. | O.C.G.A. § 53-5-5; O.C.G.A. § 53-5-3 |
| Out-of-state decedent with Georgia property | The decedent lived outside Georgia but owned Georgia property or had a cause of action here. | The Georgia filing is in the county where the property is located or where the cause of action lies. A nondomiciliary will may be admitted in Georgia under the same common form or solemn form rules that apply to a Georgia domiciliary's will. | O.C.G.A. § 15-9-31; O.C.G.A. § 53-5-30; O.C.G.A. § 53-5-31; O.C.G.A. § 53-5-32 |
Executor duties
Executor duties in Georgia
In Georgia, the personal representative is the statutory umbrella term for an executor, administrator, administrator with the will annexed or county administrator (O.C.G.A. § 53-1-2). Before letters issue, the representative must qualify by taking the oath before a probate judge or clerk, not a notary, and by posting any required bond unless it is waived or excused (O.C.G.A. § 53-6-24; O.C.G.A. § 53-6-50).
| Duty | Georgia rule |
|---|---|
| File and preserve the will | Anyone holding a will must file it with reasonable promptness in the Probate Court of the county having jurisdiction (O.C.G.A. § 53-5-5). Filing the will alone does not give authority to act. |
| Notify creditors | Publish the creditor notice within 60 days of qualification, once a week for four weeks, in the county's official newspaper. Creditors have three months from the last publication under O.C.G.A. § 53-7-41. |
| Notify beneficiaries in a testate estate | For letters testamentary or letters of administration with will annexed, the representative sends notice to beneficiaries within 30 days after letters issue and files notices, return receipts and any affidavit of diligent search with the Probate Court within 60 days (O.C.G.A. § 53-5-8). |
| Inventory | Unless relieved by the will or by waiver, the representative files an inventory with the Probate Court and mails it to heirs or beneficiaries within six months after qualification (O.C.G.A. § 53-7-30; O.C.G.A. § 53-7-32). |
| Reports and returns | Inventories and returns are treated as fiduciary compliance reports for fee purposes. A report with assets is $40.00 effective January 1, 2025, under O.C.G.A. § 15-9-60; a report with no assets has no fee. |
| Compensation | If the will or a written agreement does not control, the default commission is 2 1/2 percent of sums received and 2 1/2 percent of sums paid out (O.C.G.A. § 53-6-60). |
| Close the estate | After administration is complete, the representative petitions for discharge, commonly on GPCSF 33. |
Forms and documents
Probate forms in Georgia
Georgia uses one statewide set of numbered probate forms, the Georgia Probate Court Standard Forms, called the GPCSF series. A document prepared on a standard form is acceptable in any Probate Court in the state, and a court may decline to process a substitute that does not conform to the standard form and lacks the required certificate (Uniform Probate Court Rule 5.9).
| Form | Title | Use |
|---|---|---|
| GPCSF 1 | General Instructions | Instructions that apply across the form set, including jurisdiction and oath guidance. |
| GPCSF 2 | Petition for Temporary Letters of Administration | Urgent appointment for an unrepresented estate. |
| GPCSF 3 | Petition for Letters of Administration | No will. |
| GPCSF 4 | Petition to Probate Will in Common Form | Will, no notice unless required, not conclusive for four years under O.C.G.A. § 53-5-19. |
| GPCSF 5 | Petition to Probate Will in Solemn Form | Will with notice to heirs, used for binding probate under O.C.G.A. § 53-5. |
| GPCSF 7 | Petition to Probate Will in Solemn Form and for Letters of Administration with Will Annexed | Will, but no executor can qualify. |
| GPCSF 8 | Petition for Letters of Administration with Will Annexed, Will Previously Probated | Will already admitted, but an administrator with the will annexed is needed. |
| GPCSF 9 | Petition for Order Declaring No Administration Necessary | No-will estate where O.C.G.A. § 53-2-40 conditions are met. |
| GPCSF 10 | Petition for Year's Support | Surviving spouse or minor child route under O.C.G.A. § 53-3. |
| GPCSF 13 | Petition of Personal Representative for Leave to Sell Property | Sale of estate property. |
| GPCSF 17 | Petition for Leave to Convey or Encumber Property Previously Set Aside as Year's Support | Sale or encumbrance of property previously set aside as year's support under O.C.G.A. § 53-3. |
| GPCSF 21 | Bond of Administrators, Conservators and Executors, Etc. | Bond form. |
| GPCSF 32 | Petition by Personal Representative for Waiver of Bond and/or Grant of Certain Powers | Waiver of bond, reports or statements, and grant of powers. |
| GPCSF 33 | Petition for Discharge of Personal Representative | Closing the estate. |
| GPCSF 53 | Commission to Administer Oath | Out-of-state oath before another court. |
| GPCSF 70 | Certificate in Accordance with Uniform Probate Court Rule 5.9(D) | Certificate for a substitute document that conforms to a standard form. |
| GPCSF 71 | Petition for Leave to Sell Perishable Property by Personal Representative | Sale of perishable property. |
| GPCSF 72 | Petition for Determination of Right of Disposition of Remains of a Decedent | Determining who has authority over disposition of remains. |
Download current PDFs from the Council of Probate Court Judges standard-forms page at https://gaprobate.gov/standard-forms/ and the Supreme Court of Georgia standard-forms index at https://www.gasupreme.us/probate-court-standard-forms/. Each county Probate Court also keeps printed copies of adopted standard forms.
Fees
Georgia probate fees are set mainly by state statute, so the filing-fee framework is close to uniform in all 159 counties. The county-by-county differences come from statutory add-ons, service costs and publication costs.
| Fee item | Georgia amount and rule |
|---|---|
| Decedent's-estate petition | $175.00 statewide, effective January 1, 2025, under O.C.G.A. § 15-9-60. This is the base for petitions such as letters of administration, probate in common form, probate in solemn form, an order that no administration is necessary and year's support. |
| Indigent defense fee | $15.00, effective January 1, 2025, on each of the six named decedent's-estate petitions under O.C.G.A. § 15-21A-6. Temporary letters do not carry this add-on. |
| County add-ons | County schedules effective January 1, 2025, commonly bring a decedent's-estate petition to about $190 to $210 under O.C.G.A. § 15-9-60, before service and publication. |
| Other petition concerning a decedent's estate | $195.00 on the Council's schedule effective January 1, 2025, as posted by Houston County, under O.C.G.A. § 15-9-60, for petitions such as temporary letters, leave to sell, waiver of bond or discharge. |
| Motion, response, request, citation or caveat | $75.00, effective January 1, 2025, under O.C.G.A. § 15-9-60. |
| Fiduciary compliance report | $40.00 with assets and no fee with no assets, effective January 1, 2025, under O.C.G.A. § 15-9-60. |
| Certified copy of letters | $10.00, effective January 1, 2025, under O.C.G.A. § 15-9-60. |
| Copies | $1.00 per page, effective January 1, 2025, under O.C.G.A. § 15-9-60. |
| Will filed for safekeeping | $15.00, effective January 1, 2025, under O.C.G.A. § 15-9-60. |
| Petition for review fee line | $30.00, effective January 1, 2025, for the petition for review fee line under O.C.G.A. § 15-9-60 and the review route in O.C.G.A. § 5-3-7. |
| Publication and service | Publication and service are outside the filing-fee schedule. Citation publication runs in the county's official newspaper, and service costs depend on the case and county. |
| Affidavit of indigence | A party who cannot pay may file an affidavit of indigence under O.C.G.A. § 9-15-2 and O.C.G.A. § 15-9-60. |
Timeline
- Immediately after death: locate the original will, death certificate, asset list, debts and beneficiary information. Whoever has the will must file it with reasonable promptness with the Probate Court that has jurisdiction (O.C.G.A. § 53-5-5).
- Before filing: choose the correct statewide path and GPCSF form. Venue is usually the county where the decedent lived, with nonresident property venue under O.C.G.A. § 15-9-31.
- At filing: pay the filing fee, unless an affidavit of indigence is filed. A decedent's-estate petition is $175.00 statewide, effective January 1, 2025, under O.C.G.A. § 15-9-60, plus add-ons, service and publication.
- Notice stage: solemn form probate under O.C.G.A. § 53-5 generally requires at least 30 days of personal service on a known Georgia resident unless waived. Year's support under O.C.G.A. § 53-3 requires four weeks of publication and citation service or mailing at least 30 days before the objection date.
- Qualification: before letters issue, the petitioner takes the oath before a probate judge or clerk, not a notary, and handles bond if required (O.C.G.A. § 53-6-24; O.C.G.A. § 53-6-50).
- After letters issue: in a testate estate, beneficiary notice is mailed within 30 days after letters issue and proof is filed with the Probate Court within 60 days (O.C.G.A. § 53-5-8).
- Creditor notice: publish within 60 days of qualification, once a week for four weeks, and track the three months from the last publication under O.C.G.A. § 53-7-41.
- Inventory and administration: unless waived or excused, file and mail the inventory within six months after qualification (O.C.G.A. § 53-7-30; O.C.G.A. § 53-7-32), pay valid claims and distribute property.
- Closing: file any required fiduciary compliance reports and seek discharge, commonly on GPCSF 33, after the estate has been fully administered.
- If review is needed: in a non-Article 6 court, file a petition for review with the clerk of the reviewing court within 30 days after the Probate Court's final judgment is filed or recorded (O.C.G.A. § 5-3-7), with de novo review under O.C.G.A. § 5-3-5 where available and limits under O.C.G.A. § 5-3-4.
State-specific considerations
California uses statewide Judicial Council forms (the DE-series). The same forms apply in all 58 counties, although counties may add local cover sheets. Los Angeles requires LASC PRO 010.
| Georgia-specific rule | What it means |
|---|---|
| One court per county | Georgia has a Probate Court in every county. File in the county Probate Court with venue under O.C.G.A. § 15-9-31, and do not look for a probate district. |
| Article 6 split | Article 6 courts under O.C.G.A. § 15-9-120 and O.C.G.A. § 15-9-123 have direct appeals to the Court of Appeals or Supreme Court. Other Probate Courts use a petition for review under O.C.G.A. § 5-3-7, with de novo review under O.C.G.A. § 5-3-5 and limits under O.C.G.A. § 5-3-4. |
| No local probate rules | Uniform Probate Court Rules 1.1 and 1.2 repeal local probate rules and give the Uniform Probate Court Rules statewide application. Counties may still publish standing orders, office practices, fee schedules and portal instructions. |
| Original will on paper | Even where e-filing is available, the original will and codicil must be filed on paper within ten days of any electronic filing and before final order and letters testamentary issue, under Uniform Probate Court Rule 5.3.12(B). |
| No statewide case search | georgiaprobaterecords.com is a portal used by participating Probate Courts and its estates search covers 94 counties, not all 159. County pages should point to the county's own portal or records office. |
| Transfer-on-death deeds | Georgia now allows transfer-on-death deeds for real estate. For deaths on or after July 1, 2026, the grantee beneficiary must record the acceptance affidavit within nine months, or the interest reverts to the estate, under Chapter 17 of Title 44. |
Small-estate alternatives
Georgia has no small-estate affidavit for general property, no abbreviated administration procedure for general property and no affidavit procedure that transfers real estate. The short routes are specific and asset based.
| Route | When it works | Limits and filings |
|---|---|---|
| Order that no administration is necessary | The decedent died without a will, no personal representative has been appointed in Georgia, the estate owes no debts or all known creditors consent or are served without objecting, and all heirs agree in writing on a division. | There is no dollar limit. An heir files GPCSF 9 under O.C.G.A. § 53-2-40. If a creditor objects, the court refuses the order while the objection stands. For real property, the order is recorded in the deed records of each Georgia county where the decedent owned land. |
| Year's support | A surviving spouse or minor child needs property set aside for 12 months of support. | File within 24 months of death under O.C.G.A. § 53-3-5. Year's support under O.C.G.A. § 53-3 is preferred before other debts except as the chapter provides, can reach real property and has no dollar ceiling. |
| Financial-institution deposit | The decedent died without a will and had a deposit of $15,000.00 or less at a financial institution. | Under O.C.G.A. § 7-1-239 as amended in 2019, the institution may pay the surviving spouse, then children, then parents, then siblings, on the claimant's affidavit. After 45 days with no claim, the institution may apply up to that amount to funeral and last-illness expenses. This is not a court process. |
| One vehicle | A vehicle needs to be retitled and the Department of Revenue form conditions are met. | Department of Revenue Form T-20 is used at the tag office, must be notarised and is not issued by the Probate Court. If the decedent left a will that is not being probated, the form requires a copy of the will. |
| Transfer-on-death deed | The owner recorded a valid transfer-on-death deed for real estate during life. | For deaths on or after July 1, 2026, the beneficiary records the acceptance affidavit within nine months or the interest reverts to the estate. This is recorded with the clerk of superior court for the county where the real estate is located. |
Recent updates
| Date | Change |
|---|---|
| July 1, 2026 | H.B. 530 enacted O.C.G.A. § 15-9-86.2. Georgia Probate Courts must provide e-filing and electronic payment on or before January 1, 2029, with civil e-filing after that date, paper accommodation for people filing without a lawyer, a public terminal and a provider fee cap of $30.00 per filer per case under the Act effective July 1, 2026. |
| April 22, 2026 | H.B. 413 revised Georgia's transfer-on-death deed statute. For a record owner's death on or after July 1, 2026, the beneficiary must record an acceptance affidavit within nine months or the interest reverts to the estate. The Act also amended the year's support statute under O.C.G.A. § 53-3. |
| July 1, 2025 | H.B. 327 revised Title 53. Among the changes, a personal representative of a testate estate must mail beneficiary notice within 30 days after letters issue and file notices, return receipts and any affidavit of diligent search within 60 days (O.C.G.A. § 53-5-8). It also revised O.C.G.A. § 53-6-60 and O.C.G.A. § 53-7-41. |
| January 1, 2025 | Senate Bill 232 repealed and replaced O.C.G.A. § 15-9-60. A decedent's-estate petition is $175.00, a motion, response, request, citation or caveat is $75.00, and a fiduciary compliance report with assets is $40.00, all effective January 1, 2025, under O.C.G.A. § 15-9-60. |
| April 22, 2024 | Senate Bill 450 added O.C.G.A. § 5-3-5(d), providing de novo review of an appealable final judgment of a Probate Court with the right to a jury trial if demanded, subject to O.C.G.A. § 5-3-4. |
| July 1, 2023 | The Superior and State Court Appellate Practice Act replaced prior review procedures with a petition for review procedure under Chapter 3 of Title 5 for review from a Probate Court that is not an Article 6 court under O.C.G.A. § 15-9-120. The petition for review is filed within 30 days under O.C.G.A. § 5-3-7. |
Page last reviewed: August 2026.
Scenarios
| Scenario | Likely Georgia path | Watch for | Where Sunset helps |
|---|---|---|---|
| Surviving spouse with a co-owned home | If the home was held with survivorship or passed by a transfer-on-death deed, the house may not need probate. If the home was in the decedent's name, consider year's support under O.C.G.A. § 53-3, ordinary administration, or, with no will and all heirs agreeing, an order that no administration is necessary under O.C.G.A. § 53-2-40. | Year's support must be filed within 24 months under O.C.G.A. § 53-3-5. A transfer-on-death deed beneficiary for a death on or after July 1, 2026 must record the acceptance affidavit within nine months. A surviving spouse's intestate share is never less than one-third under O.C.G.A. § 53-2-1. | Sunset finds accounts, deeds and beneficiary designations so the family can see whether estate settlement needs a Probate Court filing or whether key assets already pass outside probate. |
| Out-of-state adult child with a small estate | A child who is sui juris may serve regardless of residency. A financial institution may pay a $15,000.00 deposit under O.C.G.A. § 7-1-239 as amended in 2019, Department of Revenue Form T-20 can handle one vehicle, and an order that no administration is necessary under O.C.G.A. § 53-2-40 can avoid full administration where the no-will conditions fit. | The oath cannot be notarised. The petitioner must swear before a Georgia probate judge or clerk, or use GPCSF 53 before a court where the petitioner lives. The original will, if any, still has to reach the Georgia Probate Court on paper. | Sunset organizes assets and debts, flags accounts that may fit the bank route, and helps prepare the estate settlement information needed for the right GPCSF filing. |
| Parent settling predeceased child's estate, home must be sold | A house that must be sold usually requires letters of administration, powers granted under O.C.G.A. § 53-7-1(b), GPCSF 32, or a petition for leave to sell on GPCSF 13. If there is no will and all heirs agree, an order that no administration is necessary under O.C.G.A. § 53-2-40 can vest title in the heirs before sale. | Parents come after a surviving spouse and children in the preference order for appointment under O.C.G.A. § 53-6-20. A mortgaged house can use the no-administration route only if the security-deed holder consents or is served without objecting. Creditor notice runs 60 days, four weeks and three months under O.C.G.A. § 53-7-41. | Sunset helps identify title, liens, accounts and likely heirs, then connects the family with a vetted local attorney if the sale, creditor issues or heirship make counsel important. |
Self-help resources
| Resource | How it helps | Link |
|---|---|---|
| Council of Probate Court Judges of Georgia | Statewide probate site with standard forms, Uniform Probate Court Rules, the Article 6 roster and a directory of all 159 Probate Courts. | https://gaprobate.gov/; forms: https://gaprobate.gov/standard-forms/; rules: https://gaprobate.gov/uniform-rules/; Article 6 roster: https://gaprobate.gov/article-6-probate-courts/; directory: https://gaprobate.gov/probate-courts-directory/ |
| Supreme Court of Georgia standard-forms index | Index for the Georgia Probate Court Standard Forms and General Instructions. | https://www.gasupreme.us/probate-court-standard-forms/ |
| GPCSF 1, General Instructions | Instructions that apply to every Georgia probate form, including the oath rule and jurisdiction guidance. | https://gaprobate.gov/wp-content/uploads/2024/04/GPCSF-1-General-Instructions.pdf |
| Georgia Courts self-help | Judicial Council and Administrative Office of the Courts self-help pages, including fee-waiver materials. | https://georgiacourts.gov/a2j/self-help-resources/navigating-the-courts/ |
| GeorgiaLegalAid.org | Plain-language legal information for Georgia families, including wills and life planning materials. | https://www.georgialegalaid.org/ |
| Atlanta Legal Aid Society | Free civil legal help for eligible people in Fulton, Clayton, Cobb, DeKalb and Gwinnett counties. | https://atlantalegalaid.org/ |
| Georgia Legal Services Program | Free civil legal help for eligible low-income and senior Georgians outside the five counties served by Atlanta Legal Aid. | https://www.glsp.org/ |
| Department of Revenue Form T-20 | Affidavit of Inheritance of a Motor Vehicle for one vehicle through the tag-office process, not the Probate Court. | https://dor.georgia.gov/document/form/form-t-20-affidavit-inheritance/download |
| georgiaprobaterecords.com | Records portal used by participating Georgia Probate Courts. Its estates search covers 94 counties, so check the county selector. | https://www.georgiaprobaterecords.com/ |
| County Probate Court directory | Find the local Probate Court for hours, filing counter, local fee schedule, payment methods and where to deliver the original will. | https://gaprobate.gov/probate-courts-directory/ |
When to hire an attorney
How Sunset helps in Georgia
Find the accounts and assets. Sunset searches more than 2,300 financial institutions to help identify bank and credit union accounts, retirement plans, brokerage holdings, life insurance, real estate, vehicles, business interests and unclaimed property. That matters in Georgia because the estate settlement path turns on what the person owned, how each asset was titled and whether a beneficiary or transfer-on-death designation already moves it outside probate.
Generate the probate packet. Georgia uses one statewide GPCSF form set, but the right packet depends on the facts: common form, solemn form, letters of administration, year's support, an order that no administration is necessary or a sale petition. Sunset helps organize the information needed for the estate settlement packet before you file with the county Probate Court.
Find a local probate attorney. Sunset connects families with a vetted local probate attorney when a caveat, disputed heirship, creditor objection, real estate sale, Article 6 issue under O.C.G.A. § 15-9-120 or petition for review under O.C.G.A. § 5-3-7 needs counsel.
Sunset is free for families. Families can use Sunset to understand the estate settlement work, find assets, prepare for the Georgia Probate Court process and connect with help without paying Sunset a fee.
Frequently asked questions
Which court handles probate in Georgia?
The county Probate Court handles Georgia probate. Georgia has 159 Probate Courts and 159 elected Probate Judges, one in each county. Probate Courts have original, exclusive and general jurisdiction over probate of wills, administration of estates and the granting of letters testamentary and letters of administration (O.C.G.A. § 15-9-30).
Where do I file a Georgia probate case?
File in the Probate Court of the county where the decedent lived. If the decedent was not a Georgia resident, file in a Georgia county where the decedent had property or where a cause of action lies (O.C.G.A. § 15-9-31). A petition for an order that no administration is necessary is filed in the decedent's county of domicile, or for a nonresident, the county where Georgia real property is located (O.C.G.A. § 53-2-40).
Does Georgia have a small estate procedure?
Georgia has no small-estate affidavit for general property. The short routes are an order that no administration is necessary under O.C.G.A. § 53-2-40, year's support under O.C.G.A. § 53-3-1, a $15,000.00 financial-institution deposit route under O.C.G.A. § 7-1-239 as amended in 2019, and Department of Revenue Form T-20 for one vehicle.
How much does it cost to open a Georgia estate?
A decedent's-estate petition is $175.00 statewide, effective January 1, 2025, under O.C.G.A. § 15-9-60, plus a $15.00 indigent defense fee under O.C.G.A. § 15-21A-6 on the six named petitions and small county add-ons. Published county schedules effective January 1, 2025, usually show about $190 to $210 under O.C.G.A. § 15-9-60 before service and publication.
What is the difference between common form and solemn form probate?
Common form probate under O.C.G.A. § 53-5 can be faster and may be granted without service unless the court requires it, but it is not conclusive for four years from the order admitting the will (O.C.G.A. § 53-5-19). Solemn form probate under O.C.G.A. § 53-5 requires notice, including at least 30 days of personal service on a known Georgia resident unless waived, and it binds those served (O.C.G.A. § 53-5-20; O.C.G.A. § 53-5-22).
How long do Georgia creditors have?
The personal representative publishes notice within 60 days of qualification, once a week for four weeks, in the official newspaper of the county where the representative qualified. Creditors who do not notify the representative within three months from the last publication lose equal participation with creditors of the same priority who were paid earlier (O.C.G.A. § 53-7-41).
Do I have to file the will if we are not opening an estate?
Yes. A person who has possession of a will must file it with reasonable promptness with the Probate Court of the county having jurisdiction (O.C.G.A. § 53-5-5). Filing the will alone does not give anyone authority to act for the estate.
Can I e-file a Georgia probate case?
There is no statewide mandatory probate e-filing today. Some county Probate Courts accept e-filing, and Georgia law requires every Probate Court to provide e-filing and electronic payment by January 1, 2029 (O.C.G.A. § 15-9-86.2). The original will and any codicil still have to reach the Probate Court on paper under Uniform Probate Court Rule 5.3.12(B).
Can I look up a Georgia probate case online?
It depends on the county. There is no single statewide case search. georgiaprobaterecords.com is a portal used by participating Georgia Probate Courts, and its estates search covers 94 counties. Other counties use their own portals or handle records requests through the Probate Court.
What if I disagree with the Probate Judge's decision?
In an Article 6 court under O.C.G.A. § 15-9-120 and O.C.G.A. § 15-9-123, the appeal goes to the Court of Appeals or Supreme Court. In other Probate Courts, the route is a petition for review filed with the clerk of the superior court within 30 days after the Probate Court's final judgment is filed or recorded (O.C.G.A. § 5-3-7), with de novo review and a jury right if demanded under O.C.G.A. § 5-3-5 and limits under O.C.G.A. § 5-3-4.
Does Georgia charge estate tax?
No. Georgia has no state estate tax and no state estate tax return for deaths on or after July 1, 2014 (O.C.G.A. § 48-12-1), and Georgia has no inheritance tax. Federal estate tax rules may still apply to a large estate, with a federal basic exclusion amount of $15,000,000 per person for deaths in 2026.
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.