How Probate Works in Georgia

Main steps: file a petition in the probate court of the county where the decedent lived (to probate a will in common or solemn form, or for letters of administration if there is no will); the court issues letters to the executor or administrator (with bond unless excused); publish notice to creditors once a week for four weeks, starting within 60 days after qualifying; prepare an inventory and file it with the court, and mail copies to beneficiaries or heirs, within six months after qualifying (unless waived or relieved); pay debts and distribute property; petition for discharge. The Council of Probate Court Judges publishes standard forms for each petition.

Order declaring no administration necessary: when a person dies without a will and no personal representative has been appointed, any heir may petition the probate court if the estate has no debts (or all known creditors consent or are served) and all heirs have agreed in writing how to divide the property. There is no dollar limit. If real estate is involved, the order is recorded in the deed records of each county where the decedent owned land. Year's support can also pass property to a spouse and minor children without full administration.

Creditors must give the personal representative written notice of their claims within three months after the last publication of the notice to creditors. A creditor who misses the deadline loses the right to share equally with other creditors of the same priority who have already been paid, but can still be paid if assets remain after higher-priority debts.

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.

Wills, estates and related matters are handled by the Probate Court in each county; the statewide Probate Court Information System is the case-management system covering licenses, wills, guardianships and other estate responsibilities of the Probate Court.