What You Need To Know About Georgia Probate Laws

When someone dies, what happens to their property, debts, and final wishes? Understanding Georgia probate laws can make an already difficult time feel more manageable. Our blog explains the probate process in Georgia, including when probate may be necessary, what an executor must do, how long the process may take, and where legal guidance may help.

At a Glance

• Probate generally takes place in the local Probate Court of the county where the deceased person was domiciled.
• A petition must be filed with the appropriate Probate Court to begin the probate proceedings.
• An executor or administrator may need to identify the deceased person’s assets, notify creditors, pay debts and taxes, and distribute remaining property.
• Georgia recognizes different procedures for probating a will, including common form and solemn form probate.
• An estate without a valid will is generally handled under Georgia’s intestacy laws.
• Some non-probate assets can pass outside probate through beneficiary designations, joint ownership, or other arrangements. Depending on how an estate is structured, this may allow certain properties to skip probate altogether.
• Straightforward estates may take six to twelve months, while more complicated estates may take longer.

What Is Probate in Georgia?

Probate is the legal process used to administer certain assets belonging to a person who has died. Georgia Probate Courts oversee these matters and generally have jurisdiction in the county where the deceased person lived at the time of death.

The process usually begins by filing the appropriate petition with the Probate Court, along with the required documents and filing fees. If there is a will, the original will must be filed with the court.

Not every asset necessarily goes through probate. Life insurance policies, retirement accounts, and other assets with valid beneficiary designations may pass directly to the named beneficiaries instead of becoming part of the probate estate.

What Does an Executor Do?

An Executor is the person named in a will to handle the estate after the court gives that person legal authority to act. An executor’s responsibilities may include:

1. Gathering and protecting estate assets. This may include real estate, bank accounts, investments, vehicles, personal property, and other assets owned solely by the deceased.
2. Notifying creditors. Georgia law requires a Personal Representative to publish notice to creditors within 60 days after qualification, allowing creditors to submit claims.
3. Paying valid debts and taxes. Estate funds may be used to satisfy legitimate obligations before assets are distributed.
4. Distributing remaining assets. After debts and required expenses are addressed, property is distributed according to the will or, if there is no valid will, Georgia law.
5. Completing required court filings. Depending on the estate and the authority granted, inventories, annual returns, accountings, or other reports may be required before the estate can be closed.

Because an executor has significant responsibilities, careful recordkeeping and attention to deadlines matter.

What Are the Types of Probate in Georgia?

Georgia provides several procedures for handling estates and wills. Two primary methods of proving a will are common form probate and solemn form probate.

Common Form Probate

Common form probate may be used to establish a will without the same level of notice required for solemn form probate. However, it does not provide the same immediate finality, and Georgia law generally allows interested parties to challenge a common-form probate for up to four years, subject to applicable exceptions.

Solemn Form Probate

Solemn form probate provides greater finality. It requires notice to the heirs who must be served, giving them an opportunity to object before the will is admitted to probate. If the requirements are satisfied, the court’s order is binding on the properly served parties.

Solemn Form With Letters of Administration With the Will Annexed

When a will exists but the named executor cannot or will not serve, the court may appoint an administrator with the will annexed to administer the estate according to the will’s terms. Georgia’s statewide probate forms specifically provide for this procedure.

Will Filed Without Probate

In some situations, a will may need to be filed with the Probate Court even when there are no assets requiring formal probate administration. Whether formal probate is necessary depends on how the deceased owned the property and whether another legal mechanism transfers the assets.

What Happens If There Is No Will?

If someone dies without a valid will, Georgia considers the estate intestate. The estate is then distributed according to Georgia’s intestacy laws rather than personal instructions contained in a will.

What happens when someone dies without a will in Georgia depends on the family circumstances, the assets involved, and whether everyone agrees on the administration. A surviving spouse and children generally have significant rights under the intestacy statutes, but the exact distribution requires reviewing the family’s circumstances.

In limited situations, a No Administration Necessary proceeding may be available when the decedent died intestate, all heirs agree on the distribution, and the estate’s debts and creditor requirements have been addressed.

Georgia also provides a year of support that may benefit a surviving spouse and minor children.

How Long Does Probate Take in Georgia?

There is no single timeline that applies to each estate. A straightforward estate may take approximately six to twelve months, while estates involving real estate, creditor disputes, tax issues, contested wills, missing heirs, or other complications can take considerably longer.

The goal should not simply be to finish probate quickly. It is to administer the estate correctly, protect the estate’s interests, satisfy legal requirements, and make appropriate distributions.

Frequently Asked Questions

Is probate always required in Georgia?

Certain assets may pass outside probate, and some estates may qualify for simplified procedures depending on the circumstances.

Where is probate filed in Georgia?

Generally, probate is filed in the county where the deceased person was domiciled at the time of death.

How long does probate take in Georgia?

A straightforward estate may take six to twelve months, while complex or contested estates may take longer.

What happens if someone dies without a will in Georgia?

The estate is generally distributed under Georgia’s intestacy laws rather than according to a will.

Does Georgia have an estate or inheritance tax?

Georgia does not impose a state estate tax for deaths occurring after July 1, 2014, and Georgia has no inheritance tax.

Need Guidance With Georgia Probate?

Losing someone you love can bring uncertainty, fear, and difficult decisions, especially when you are also expected to navigate a complex legal process. It is understandable to feel overwhelmed or unheard when you are trying to determine what needs to happen next.

At Lunn Law LLC, we provide compassionate, detail-oriented, and technology-forward guidance tailored to the circumstances of each estate. Our Georgia probate attorneys take the time to understand your situation, explain your options clearly, and handle the details carefully so you can move forward feeling informed, supported, and relieved.

If you need help understanding your rights or responsibilities, contact us at (770) 740-6350 or complete our confidential online form to schedule a comprehensive case assessment.

We help good people protect what matters most.

Copyright © 2026. Lunn Law LLC. All rights reserved.

The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

Lunn Law LLC
110 Habersham Drive, Suite 106
Fayetteville, GA 30214
(770) 740-6350