When Someone Dies Guide a practical guide for families

Probate in Georgia

Which court, what it costs to file, how long it usually takes, and whether a smaller estate can skip the formal process.

Last updated May 11, 2026. Sources are linked at the bottom of the page.

What probate actually is

Probate is the court process that gives someone legal authority to collect the person's assets, pay their debts, and hand what is left to the heirs. Not everything goes through it: accounts with a named beneficiary, jointly owned property, and assets held in a living trust usually pass outside probate. What is left, property titled only in the deceased person's name with no beneficiary, is what probate deals with.

A will is not required for probate in Georgia. If there is no will, the court still appoints someone to settle the estate and state law decides who inherits. See when there is no will in Georgia.

The basics in Georgia

Court that handles probateGeorgia Probate Court (county-level)
Find your courtgeorgiacourts.gov/probate
Court formsgeorgiacourts.gov/probate/forms
Filing fee rangevaries by county
Typical timelineCommon form solemn form: 6–12 months. No-administration-necessary: shorter.
What the estate's representative is calledExecutor (with will) / Administrator (intestate)
Can you do it without a lawyer?Permitted in many counties.

Small estates: the shortcut

Yes. Georgia has a simplified procedure for smaller estates, called No Administration Necessary / Year's Support. It is faster and cheaper than formal probate, and many families can handle it without a lawyer.

Who qualifiesAvailable when heirs agree and no creditor objects; year's support is a homestead-style allowance for surviving spouse and minor children.
StatuteO.C.G.A. §53-2-40 et seq. (No Administration Necessary); O.C.G.A. §53-3-1 et seq. (Year's Support)

Deadlines to know

Filing the petition to open probateNo strict statutory deadline; practical pressure from creditors and beneficiaries

When to get a lawyer

Plain situations with one heir and modest assets are often manageable alone. Get a probate attorney if there is real estate in more than one state, a business, a dispute among heirs, significant debt, or any question about whether the will is valid. One consultation early is cheaper than fixing a filing later. The state bar's referral service is linked below.

Want this organized for your situation? The free walkthrough asks a few questions about who died, where, and your relationship to them, and builds a checklist for the first days and weeks in Georgia.

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Primary sources