Letters Testamentary in Georgia
How the Georgia probate court issues letters testamentary or letters of administration, and what you need to apply.
Short answer: Letters are issued by the probate court of the county where the decedent lived. With a will, the executor files a Petition to Probate Will in Common Form (GPCSF 4) or Solemn Form (GPCSF 5) and receives Letters Testamentary. O.C.G.A. §§ 53-6-20, 53-6-50; Georgia Probate Court Standard Forms
| Letters testamentary | Letters are issued by the probate court of the county where the decedent lived. With a will, the executor files a Petition to Probate Will in Common Form (GPCSF 4) or Solemn Form (GPCSF 5) and receives Letters Testamentary. Without a will, an heir or other eligible person files a Petition for Letters of Administration (GPCSF 3); if heirs do not unanimously choose an administrator, the court appoints by statutory preference (surviving spouse first). An administrator must post bond unless all heirs consent to waive it. The Council of Probate Court Judges publishes standard forms used statewide. |
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| Who can be executor | The person named in the will serves as executor. With no will, if the heirs do not unanimously choose an administrator, the court appoints in this order of preference: the surviving spouse (unless a divorce or separate maintenance case was pending), other heirs or their majority choice, another eligible person, a creditor, then the county administrator. An administrator of an intestate estate must post bond unless all heirs unanimously consent to waive it. Rules for out-of-state executors and for bond of executors named in a will are in other sections. Official code not freely readable online; text verified on a public code mirror (code year 2024). Source: O.C.G.A. §§ 53-6-20, 53-6-50 |
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FAQ
How do I get letters testamentary in Georgia?
Letters are issued by the probate court of the county where the decedent lived. With a will, the executor files a Petition to Probate Will in Common Form (GPCSF 4) or Solemn Form (GPCSF 5) and receives Letters Testamentary. Without a will, an heir or other eligible person files a Petition for Letters of Administration (GPCSF 3); if heirs do not unanimously choose an administrator, the court appoints by statutory preference (surviving spouse first). An administrator must post bond unless all heirs consent to waive it. The Council of Probate Court Judges publishes standard forms used statewide.
Who can be an executor in Georgia?
The person named in the will serves as executor. With no will, if the heirs do not unanimously choose an administrator, the court appoints in this order of preference: the surviving spouse (unless a divorce or separate maintenance case was pending), other heirs or their majority choice, another eligible person, a creditor, then the county administrator. An administrator of an intestate estate must post bond unless all heirs unanimously consent to waive it.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.