Do I Need a Lawyer to Get a Letter of Testamentary in Georgia? 5 Easy Steps

Do I Need a Lawyer to Get a Letter of Testamentary in Georgia

When someone dies and leaves behind property or real estate, their family can’t access accounts or transfer assets until the court gives someone legal authority.

In Georgia, that legal authority comes from a Letter of Testamentary.

If you’ve asked, “Do I need a lawyer to get a letter of testamentary in Georgia?”—this guide gives you the answer, plain and simple.

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Do I Need a Lawyer to Get a Letter of Testamentary in Georgia?

This is one of the most common questions people ask when dealing with a loved one’s estate.

The short answer: no, you don’t always need a lawyer—but it depends on your situation.

You probably don’t need a lawyer if:

  • There’s a clear, signed will
  • All heirs agree on what should happen
  • The estate is simple: one home, one bank account, a car
  • There are no disputes or big debts

You should hire a lawyer if:

  • The will is missing, unsigned, or unclear
  • Someone might fight the will
  • The estate includes a business, multiple properties, or major debt
  • You’re unsure how to fill out or file probate forms

Tip: A rejected probate petition can delay things by weeks or months. If you’re not 100% sure what to do, legal help can save time and headaches.

Step-by-Step: How to Get a Letter of Testamentary Without a Lawyer

  • Locate the original will: You’ll need the original signed will to file for probate.
  • Complete the probate petition: Use Georgia’s Petition to Probate Will in Solemn Form. You’ll need:
    • Death certificate
    • Info about the estate
    • List of heirs (with addresses)
  • File with the county probate court: Go to the probate court in the county where the person lived. Pay the filing fee (usually $150–$250).
  • Notify all heirs: Georgia law requires you to notify heirs, even if they’re not in the will. Some counties require certified mail or newspaper publication.
  • Wait for court review: If everything is correct and no one objects, the judge will issue the Letter of Testamentary. This gives you the authority to manage the estate.

Tips for Managing the Estate Smoothly

  • Open a separate bank account for the estate: This helps keep records clean and avoids mixing personal and estate money.
  • Keep a detailed log: Track every deposit, expense, and communication.
  • Be transparent: Update heirs regularly to avoid confusion or mistrust.
  • Check for deadlines: Some counties require inventory reports or updates within 6 months to a year.

FAQs Getting Letters Of Testamentary

Here are questions people ask us when trying to figure out how to get letters of testamentary in Georgia. 

What if there’s no will?

You’ll need a Letter of Administration instead.

It’s a similar process, but the court appoints someone to handle things and follows Georgia’s inheritance laws.

How long does it take to get the letter?

About 4–6 weeks if uncontested.

Longer if the court has questions or someone objects.

Can more than one person be the executor?

Yes, but all co-executors must act together and sign everything.

Can I do this online?

Some Georgia counties allow e-filing.

Others require you to file in person or by mail.

Check your county’s probate court website.

Not Sure If You Should File Alone?

If you’re even slightly unsure, we can help you figure it out in a quick, free strategy session.

Book a Free Probate Strategy Call

  • Get clear next steps based on your situation
  • Learn how to avoid common mistakes
  • Decide if it’s worth doing on your own or not

👉 Book Your Free Strategy Session

Let’s take this off your shoulders. You don’t have to do it alone.

Ready to Secure Your Family’s Future?

Avoid the delays, expenses, and public exposure of probate.

Schedule your free, no-pressure Estate Planning Roadmap Call today.

Schedule Your Free Strategy Call

"*" indicates required fields

Name*

What Areas We Serve For Probate

Our Georgia probate lawyers work remotely, so you don’t have to visit an office. Here are all the counties we serve in Georgia.