How long does Georgia probate take?

The statutes give periods, not a total: the personal representative is allowed six months from the first qualification to ascertain the condition of the estate and publishes the notice to creditors within 60 days of qualification (O.C.G.A. § 53-7-41), files the inventory within six months (§ 53-7-30) and the annual return within 60 days of each anniversary of qualification (§ 53-7-67); year's support is petitioned within 24 months of the death (§ 53-3-5); the estate closes once the claims are paid in the order the statute ranks them (§ 53-7-40) and the remainder is distributed.

Does Georgia have a small estate procedure?

Georgia has no small-estate affidavit statute of the kind many states have. The probate court of the county governs how an estate passes, and whether a particular estate can pass with little or no administration is a question for that court and a licensed Georgia attorney of your choosing. What passes outside the estate is what is titled or designated to pass that way — property held with an express right of survivorship (O.C.G.A. § 44-6-190), life insurance payable to a named beneficiary (§ 33-25-11) and property titled to a trustee (§ 53-12-25).

Who files the will after a death in Georgia?

Any person having possession of a will files it with reasonable promptness with the probate court of the county having jurisdiction, and the court may compel a person withholding it, by attachment for contempt (O.C.G.A. § 53-5-5); the will is then offered for probate, in common form or in solemn form on notice to the heirs, by the executor it names or another interested person (§ 53-5-2; § 53-5-22).

Georgia Probate, Explained

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What is probate?

Probate is the court process that settles a deceased person's estate — proving any will, appointing a personal representative, paying valid claims and expenses, and distributing what remains to the heirs or beneficiaries. In Georgia the probate court of the county hears it, and whoever holds the will files it with the court with reasonable promptness after the death (O.C.G.A. § 53-5-5). Assets that pass another way (a funded Trust, beneficiary designations, property held with a right of survivorship) generally skip probate.

The main types of Georgia probate

Proving the will and appointing the personal representative

After the death, the will is filed with the probate court (O.C.G.A. § 53-5-5) and offered for probate by the executor it names or another interested person (§ 53-5-2); on qualifying, the personal representative settles the estate as expeditiously and with as little sacrifice of value as is reasonable (§ 53-7-1) and files the inventory within six months unless the will or the court relieves it (§ 53-7-30).

Common form and solemn form

A Georgia will may be proved in common form, without notice, or in solemn form, on notice served on the heirs (O.C.G.A. § 53-5-22); a self-proved will needs no witness testimony (§ 53-4-24). A trust itself is administered without court involvement unless a party invokes the superior court — or the probate court in a county whose probate court is an Article 6 court (§ 53-12-6; § 15-9-127).

Year's support and the family

The surviving spouse and minor children may petition the probate court within 24 months of the death for year's support — 12 months' support and maintenance set apart from the estate's property, preferred before most debts (O.C.G.A. § 53-3-1, § 53-3-5). Georgia has no small-estate affidavit statute of the kind many states have; what passes outside the estate is what is titled or designated to pass that way.

What happens in a Georgia probate

File the will with the probate court with reasonable promptness after the death (O.C.G.A. § 53-5-5), and petition for probate and the appointment of the personal representative (§ 53-5-2).
Within 60 days of qualification, publish the notice to creditors to notify the personal representative of their claims, as § 53-7-41 provides; the personal representative has six months from the first qualification to ascertain the condition of the estate (O.C.G.A. § 53-7-41).
Within six months of qualification, file the inventory of the estate's property with the probate court and deliver a copy to the beneficiaries or heirs, unless the will or the court relieves the personal representative of it (O.C.G.A. § 53-7-30).
Pay the valid claims, taxes and administration expenses in the order the statute ranks them — year's support for the family first, then funeral expenses and on down (O.C.G.A. § 53-7-40; § 53-3-1); file the annual return within 60 days of each anniversary of qualification unless relieved (§ 53-7-67).
Distribute what remains and close the estate once the claims and year's support are settled; the personal representative's compensation is the decedent's written agreement's, the beneficiaries' agreement's or the statutory commissions (O.C.G.A. § 53-6-60).

Can you avoid probate in Georgia?

Often, in part — a funded revocable living Trust, beneficiary or pay-on-death designations, and property held with an express right of survivorship generally pass outside probate. What works depends on how each asset is titled. This page is general information, not legal advice; a free role check can show you where you stand, and a Georgia attorney can advise on your estate.

General information about Georgia law, not legal advice.

Frequently asked questions

How long does Georgia probate take?: The statutes give periods, not a total: the personal representative is allowed six months from the first qualification to ascertain the condition of the estate and publishes the notice to creditors within 60 days of qualification (O.C.G.A. § 53-7-41), files the inventory within six months (§ 53-7-30) and the annual return within 60 days of each anniversary of qualification (§ 53-7-67); year's support is petitioned within 24 months of the death (§ 53-3-5); the estate closes once the claims are paid in the order the statute ranks them (§ 53-7-40) and the remainder is distributed.
Does Georgia have a small estate procedure?: Georgia has no small-estate affidavit statute of the kind many states have. The probate court of the county governs how an estate passes, and whether a particular estate can pass with little or no administration is a question for that court and a licensed Georgia attorney of your choosing. What passes outside the estate is what is titled or designated to pass that way — property held with an express right of survivorship (O.C.G.A. § 44-6-190), life insurance payable to a named beneficiary (§ 33-25-11) and property titled to a trustee (§ 53-12-25).
Who files the will after a death in Georgia?: Any person having possession of a will files it with reasonable promptness with the probate court of the county having jurisdiction, and the court may compel a person withholding it, by attachment for contempt (O.C.G.A. § 53-5-5); the will is then offered for probate, in common form or in solemn form on notice to the heirs, by the executor it names or another interested person (§ 53-5-2; § 53-5-22).

General information about Georgia law, not legal advice.