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Georgia Statewide Probate Guide

Losing someone is hard, and Georgia’s probate system has some genuinely distinctive features worth understanding before you begin. This guide covers what’s consistent across all 159 counties – deadlines, fees, and options. For your specific county’s Probate Court address and local details, see that county’s page.

Where Probate Happens

Georgia probate is filed in the Probate Court of the county where the deceased lived – every one of Georgia’s 159 counties has its own Probate Court. Probate is governed by Title 53 of the Official Code of Georgia Annotated (O.C.G.A.), the Revised Probate Code of 1998. Georgia uses standardized statewide forms (GPCSF series) across all counties, so the paperwork itself is consistent even though filing offices are local.

Georgia Doesn’T Use A Traditional Dollar-Threshold Small Estate Affidavit

Unlike most states, Georgia has no single small-estate dollar threshold. Instead, it offers several distinct shortcuts:

Banking Affidavit

  • For bank deposits under $15,000, intestate (no will), no formal court filing required.

No Administration Necessary (Form GPCSF 9)

  • Available for intestate estates when all heirs unanimously agree on how to distribute the property and there are no unpaid debts (or all creditors consent).
  • Real estate does not qualify for this shortcut in most cases – it’s primarily for smaller estates without real property complications.
  • No single statewide affidavit template – each county Probate Court may provide its own version.

Year’s Support (O.C.G.A. Chapter 53-3, Form GPCSF 10) – Georgia’s most distinctive probate feature

  • Lets a surviving spouse and/or minor children petition the court for property sufficient to maintain their standard of living for 12 months following the death.
  • This takes priority over nearly all creditor claims and most bequests in a will – it can override what the will says, even when the will leaves everything to someone else (confirmed by the Georgia Supreme Court in In re Estate of Tolbert).
  • No bond, inventory, or creditor-notice period required for a Year’s Support award.
  • Must be filed within 24 months of the death.
  • Can run on a parallel track alongside a will probate proceeding – you don’t have to wait for the will to be probated first to file a Year’s Support petition.
  • If the amount is disputed, the court determines the appropriate amount.

FORMAL PROBATE (for estates that don’t qualify for a shortcut) Georgia offers two tracks once formal probate is needed:

  1. Common Form – faster, doesn’t require notice to all heirs, but the will remains open to challenge for 4 years after being admitted.
  2. Solemn Form (Petition to Probate Will in Solemn Form, Standard Form 5) – requires notice to all heirs, but becomes final much more quickly once granted, without the same 4-year challenge window.

The court issues Letters Testamentary (if there’s a will) or Letters of Administration (if there isn’t). If no will exists, the surviving spouse has first priority to be appointed administrator, unless the couple was in the process of divorcing at the time of death.

DEBT PRIORITY (if the estate can’t pay everything) Georgia law sets a specific order: Year’s Support first, then funeral expenses, then probate/administration costs, then last-illness expenses, then taxes (O.C.G.A. §§ 53-3-1, 53-7-40).

Compensation

The personal representative is entitled to a commission of 2.5% of funds received and 2.5% of funds disbursed (excluding distributions to heirs), unless the will specifies otherwise.

Timeline

Uncontested estates typically take 6-12 months, largely driven by the standard 3-month creditor claim period. Common Form probate can be granted almost immediately but stays open to a will challenge for 4 years; Solemn Form takes a bit longer up front but becomes final faster.

Costs

Initial filing fees generally run $150-$250 depending on the petition type, plus roughly $80-$150 for required newspaper publication. Fees were updated statewide effective January 1, 2025, under Senate Bill 232, and may vary slightly by county due to local surcharges. Indigent petitioners can file an Affidavit of Indigency to request a fee waiver.

Taxes

Georgia has no state estate tax, inheritance tax, or gift tax. Only the federal estate tax could apply, and only to very large estates – the federal exemption is $15 million per individual for 2026.

Where This Guide Fits

This page covers what’s consistent statewide. For your specific county’s Probate Court address, phone number, and local filing details – including any county-specific Genealogy and Probate resources – visit that county’s page.