Shawn Breyer
Wondering how to file probate without a lawyer in Georgia?
This guide will walk you through:
Keep scrolling to learn more.
Avoid the delays, expenses, and public exposure of probate.
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Here is the step-by-step guide for how to file for probate without a lawyer:
The death certificate is the first document you need.
It confirms the person’s passing and is required to begin probate.
If there’s a will, it should be filed with the probate court in the county where the person lived.
If there isn’t one, Georgia’s intestacy laws will decide how to distribute the assets among family members.
Checklist:
Important: File the will quickly. Georgia law expects it to be filed “within a reasonable time.”
The executor or administrator is the person who manages the estate.
An executor is the person named in the will.
An administrator is assigned by the courts if there is no will naming an executor.
The forms you’ll need to apply for managing the estate are:
You’ll file the Letters at the probate courts in the county where the person lived.
You’ll need to bring:
To start probate officially, file a Petition for Probate form.
This form registers you as the estate’s representative and begins the legal process.
Fee: Court fees range from $200-$300, depending on the county. You need the EXACT amount, so call ahead and ask.
When you file for probate, Georgia law requires you to notify:
Here is how to notify heirs and creditors:
Tip: Keep copies of all notifications and responses for court records. They may be required if disputes arise.
As the executor or administrator, you’re responsible for listing all the deceased’s:
Some assets, like real estate or valuables, may need a professional appraisal to determine their value.
You’ll need their values for inventorying assets, paying off creditors, and distributing assets.
Tip: Don’t forget digital assets, like online accounts, if they hold value.
You’ll need to pay any outstanding debts and taxes from the estate’s funds before giving assets to heirs.
When you notify creditors, they will reach out to you.
You’ll need to:
Tip: Keep detailed records of all payments, as the court will likely review these.
After debts are paid, you can distribute the remaining assets to heirs according to the will.
If there’s no will, Georgia’s intestacy laws decide who inherits.
(Split evenly between spouse and kids, with a minimum ⅓ of the estate going to the spouse.)
Here’s what you need to do:
Important: Be sure to document everything for the court’s final probate approval.
When you file probate without a lawyer in Georgia, you should:
Here are questions people ask us about filing for probate on their own.
Yes, you can do probate without a lawyer in Georgia.
You only need a lawyer for probate if:
No. Some assets, like jointly-owned property or accounts with a named beneficiary (like a life insurance policy), often bypass probate.
In Georgia, all other assets need to go through the probate process.
You can use Small Estate Probate if there are no creditors.
Small errors (like filing the wrong form) can usually be fixed.
Serious errors (like missing a required notification) could delay probate.
If you’re unsure, probate court staff can answer questions on forms and filing requirements.
(Note: They will likely tell you that you need to hire a probate lawyer for help.)
Yes. Georgia probate courts have resources, like self-help forms and guides, if you’re filing for probate without a lawyer.
You can also ask for help with specific tasks, like notifying creditors, without needing an attorney for the entire probate process.
Are you overwhelmed by the process?
Our Georgia probate attorneys handle everything for you.
We specialize in taking as much as possible off your plate so that you are not:
Fill out the form to take this off your plate.
Avoid the delays, expenses, and public exposure of probate.
Schedule your free, no-pressure Estate Planning Roadmap Call today.
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Our Georgia probate lawyers work remotely, so you don’t have to visit an office. Here are all the counties we serve in Georgia.
