How To Probate An Estate In Georgia: #1 Easy To Use Guide

Melissa Breyer, Esq.
July 17, 2025

Figuring out how to probate an estate in Georgia is overwhelming.

You can’t figure out what forms to use or how to fill them out.

The probate courts are NOT helpful in any way.

Probate lawyers won’t talk to you without charging you.

You’re dealing with the loss of a loved one on top of all this.

That’s why we made this guide.

So you know how to probate an estate in Georgia.

This is a step-by-step guide with links to everything you need.

Enjoy.

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What is Probate?

Probate is when:

your will gets validated
debts get paid
assets get distributed

The biggest issues we see people face are:

it’s overwhelming and time consuming
siblings have disputes
creditors need to get paid

Why Probate is Necessary

Probate ensures that the deceased’s assets are distributed:

per the will (if there is one)
per Georgia intestate laws (if there is NOT a will)

The probate process protects the rights of heirs and creditors.

It provides a structured process to handle the deceased’s affairs.

Who Can Be an Executor?

An executor is responsible for managing the estate through the probate process.

They are:

named in the will
appointed by the court if no will exists

The executor’s duties include:

gathering assets
paying debts
distributing assets to beneficiaries

How To Probate An Estate In Georgia

This section is a detailed list of the Georgia estate administration process.

Step 1: Determine the Type of Probate

Common Form Probate: Expedited probate process without validating will or notifying heirs. Heirs can contest it for up to 4 years. (Not recommended.)
Solemn Form Probate: Thorough probate process that notifies heirs and validates the will. Heirs cannot contest this. (Recommended.)
No Administration Necessary: Used when heirs agree on asset distribution, and there are no debts.

Step 2: File a Petition with the Probate Court

Gather documents like:

Death certificate
Original will (if available)
List of assets with estimated values
Names and addresses of heirs and beneficiaries

You need to file the petition in the county where the deceased lived.

The forms you’ll need are:

Petition for Probate of Will in Solemn Form (if there is a will).
Petition for Letters of Administration (if there is no will).

Step 3: Notify Heirs and Creditors Separately

You have to formally notify the heirs of the probate proceedings.

[Click here to download a blank notification.]

Send them this letter via Certified Mail.

The probate courts handle notifying the creditors in Georgia.

They will publish a notice in a local newspaper for 4 consecutive weeks.

You need to file a Notice To Debtors and Creditors with the probate court.

Step 4: Inventory and Appraise the Estate

You’ll need to inventory all the assets the deceased owned, like:

real estate
bank accounts
investments
personal property
etc.

You have to appraise assets like real estate, jewelry, collectibles, etc.

Once you have this information, fill out the Inventory Form.

Step 5: Pay Debts and Taxes

Now, you need to figure out how much debt the estate owes to pay it off.

List out all the debts, like:

funeral expenses
medical bills
credit card debts
any state and federal taxes owed

You will have to pay off all the debts before you can distribute the estate to heirs.

Here are the steps to pay of creditors of the estate:

Review claims from creditors.
Validate claims to ensure they are legitimate.
Pay off debts using the estate’s assets.
Keep receipts and detailed records of all transactions.

Note that sometimes creditors don’t claim their debts.

They have ~90 days from the publication date to claim the debts.

If they don’t their debt is considered void by the courts.

Step 6: Distribute the Remaining Assets

You’ll need to distribute assets:

per the will (if there is one)
per Georgia intestate laws (if there is NOT a will)

To distribute assets, you’ll need to:

transfer property titles
close bank accounts
distribute funds to beneficiaries

When you do this:

get receipts of acknowledgment from beneficiaries
keep records and accounting of all distributions

You’ll need to submit this to the probate courts to close the estate.

Step 7: Close the Estate

Before you close the estate, you need to do the final accounting.

Final accounting for the estate should include all:

income
expenses
distributions
remaining assets

To close the estate, file a Petition for Discharge of the Personal Representative.

You submit this Petition and the final accounting to the courts.

They will issue a court order to close the estate once they approve of it all.

Fill out the form if you want help from one of our probate lawyers.

Questions Clients Ask Us

Here are common questions that we get from people learning about how to probate an estate in Georgia.

Do Wills In Georgia Have To Be Probated?

Yes, wills must be probated:

to be validated
for assets to be legally transferred to beneficiaries

What Is The Average Cost Of Probate In Georgia?

The cost of probate varies but can range from 2% to 8% of the estate’s value.

This includes court fees, attorney fees, and other costs.

How To Close An Estate In Georgia?

File the final accounting and a Petition for Discharge with the probate court.

Once approved, the court will issue an order to close the estate.

What Assets Are Exempt From Probate In Georgia?

Assets that are exempt from probate in Georgia include:

jointly held property
life insurance policies with named beneficiaries
retirement accounts
assets in a living trust

Get Help With Probating An Estate In Georgia

Are you overwhelmed trying to figure out how to probate an estate in Georgia?

Our Georgia probate attorneys handle everything for you.

We specialize in taking as much as possible off your plate so that you are not:

personally financially liable
accidentally breaking the law
filling out the paperwork wrong
not notifying or paying off creditors
dealing with disputes among family and partners

Fill out the form to take this off your plate.