Probate Process In Georgia: 6 Easy Steps Broken Down

Melissa Breyer, Esq.
July 17, 2025

This guide is everything you need to know about the probate process.

From starting the process to closing the estate.

And all the:

steps you need to take
risks you want to avoid

Keep scrolling to learn more.

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What Is Probate?

Probate is where:

the will gets validated by the courts
estate property is inventoried and appraised
debts get paid off
the property gets distributed to the heirs

The steps of probate in Georgia include:

Filing the petition.
Notifying creditors and heirs.
Inventorying the estate.
Paying debts and taxes.
Distributing remaining assets.
Closing the estate.

The Role Of The Probate Courts

The probate courts oversee the probate process.

Their main roles are:

Validating the Will
Appointing the Executor or Administrator
Overseeing the Estate Administration
Resolving Disputes
Protecting the Interests of Minors and Dependents
Closing the Estate

They make sure the estate gets handled in an organized and legal way.

This prevents legal conflicts with heirs and creditors.

How They Prove A Will Is Valid

Here is how the Georgia probate courts validate a will:

The executor files the will with the petition for probate.
The executor notifies the interested parties of the will.
The courts make sure the will meets legal requirements.
For conflicts, the courts will have a hearing for any objections.

The requirements for a will to be valid in Georgia are that it has to be:

written on paper
signed by the testator
signed by a notary
signed by two witnesses

If there is a self-proving affidavit, this automatically validates the will.

How To Start The Probate Process in Georgia

These are the exact steps to take to get started with the probate process in Georgia.

If you’re overwhelmed, click the button below to have our Georgia probate lawyers handle everything for you.

Step 1: Filing the Will and Death Certificate

If there was a will, find it.

Wills are generally kept:

in a safe at their home
with their estate planning lawyer
in a safety deposit box

Here is what you need to file with the courts to get started:

official copy of the death certificate
the original will (NOT a copy)
the petition for probate

You must file these papers in the county the deceased person lived in.

There will be a probate court filing fee, normally $225-$250.

Step 2: Appointment of Executor or Administrator

The courts will appoint an:

Administrator: if there is not a will.
Executor: if there is a will.

The people who get priority to be an administrator in Georgia are (in this order):

spouse
children
parents
other relatives (i.e., aunt, cousin, etc.)

You have to petition the courts to be appointed administrator.

The courts will notify the heirs (per Georgia intestate laws).

If there are no objections, this person gets appointed.

To prove that you are in control of the estate, the courts will give you:

Letters of Administration: If you’re an administrator.
Letters of Testamentary: If you’re an executor.

Your role in managing the estate is:

managing estate assets
paying debts and taxes
distributing assets to heirs

How To Manage The Estate

Here is a list of things the executor or administrator has to do.

Step 3: Managing Estate Assets

The first thing you have to do is find all the assets, like:

bank accounts
retirement accounts (i.e., 401k, stocks, HSAs, etc.)
real estate
personal property (i.e., jewelry, cars, boats, etc.)
business or intellectual property

You’ll want to make a list of all these and then get them appraised.

You need to:

collect the property you can (i.e., jewelry, cars, etc.)
maintain the property (i.e., real estate, rentals, etc.)

Maintaining means that you:

keep paying the bills and taxes
keep the insurance

maintain the property

Step 4: Paying Debts and Taxes

You are responsible for figuring out what debts the person owed, like:

mortgages
credit card debts
loans
medical bills

You are legally obligated to notify all creditors of their passing.

Then, you pay off all these debts out of the estate.

Sometimes, this requires you to sell assets for funds.

For taxes, you have to:

pay off their outstanding personal taxes
set up an EIN for the estate

file tax returns for the estate

Step 5: Distributing Assets to Heirs

After debts get paid, it’s time to distribute assets to the beneficiaries.

The assets will get distributed per:

the will (if there was one)
intestate laws (if there’s not a will)

To distribute assets, you need to:

Stocks & Bonds: Transfer to beneficiaries’ accounts.
Cash: Transfer it to their bank accounts.
Real Estate: Transfer the title with a quitclaim deed.
Personal Property: Pass them out or sell them and split the money.
401(k)s and IRAs: These pass directly to the beneficiaries.
Life Insurance: This passes directly to the beneficiaries.

If there are disputes, you’ll have to attend court to settle them.

Step 6: Closing the Estate

After you have distributed assets, it’s time to close the estate.

You’ll need to:

put together the final accounting of all transactions
submit these to the court for approval
file a petition to close the estate

If the courts approve everything, they will:

relieve you of your duties
formally close the estate

Get Help With The Probate Process In Georgia

Navigating the probate process in Georgia can be confusing, overwhelming, and risky.

You can be personally liable if you:

don’t notify and pay off all creditors
don’t act in the beneficiaries’ best interest

Our Atlanta probate lawyers have done hundreds of probates.

We know how to:

handle conflicts between siblings
find all debts
notify and pay off creditors
negotiate with creditors
transfer assets

We take everything off your plate.

You should be spending time with loved ones during your loss.

Not trying to figure out the probate court system.

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