What Georgia Probate Court Filing Fees Cost
Every Georgia probate case starts with a filing fee paid to the county probate court. The amount depends on the county and the type of petition.
In Fulton County, the current fee schedule (updated January 1, 2026 under Senate Bill 232) charges $209 to file a Petition to Probate a Will. If there is real property in the estate, add another $25. Subsequent filings cost $205.
In Cobb County, probating a will in Solemn Form costs $200. If the deceased died without a will and the family needs Letters of Administration, that petition costs $320 — and $120 of that is a mandatory newspaper publication fee the court requires before it will open the estate.
Across Georgia’s 159 counties, filing fees generally fall in the $150 to $300 range per petition. Most estates require more than one petition over the course of administration, so plan for multiple filings.
These fees are not the largest cost of probate. They are just the starting point.
The Executor Commission Georgia Law Requires
The person administering the estate — called the executor (if there is a will) or administrator (if there is not) — is entitled to compensation under O.C.G.A. § 53-6-60.
Georgia sets the statutory rate at 2.5% of all funds received into the estate, plus 2.5% of all funds paid out of the estate.
On a $500,000 estate, that math works like this: if $500,000 comes in and $500,000 goes out, the executor is entitled to $25,000 — 2.5% each direction.
This is the default. A will can waive or reduce the commission. The court can also approve a different amount by agreement. If the executor is a family member who does not want to be paid, they can decline — but the statutory entitlement exists whether or not they take it.
Many families do not factor executor commission into their probate cost estimate. On a $750,000 estate, the statutory commission alone reaches $37,500.
What Georgia Probate Attorneys Charge in Atlanta
Georgia does not cap probate attorney fees by statute the way some states do. Atlanta-area attorneys typically bill one of three ways.
Hourly: $350 to $450 per hour is the current Atlanta market range. A straightforward uncontested estate might require 15 to 30 hours of attorney time. A contested estate or one with business interests can run 100 hours or more.
Percentage of estate: 1% to 3% of the gross estate value. On a $600,000 estate, that is $6,000 to $18,000. This arrangement is more predictable but can overcharge on simple estates and undercharge on complex ones.
Flat fee: $3,000 to $8,000 for routine uncontested estates. This works when the estate is straightforward — one or two accounts, no real property disputes, no creditor issues.
The type of probate — Common Form vs. Solemn Form — affects attorney involvement. Solemn Form requires notice to all heirs and a court hearing, which adds time. Common Form is faster but leaves the will open to challenge for four years.
How Long Georgia Probate Takes — and Why That Adds to the Cost
Georgia probate for an uncontested estate takes about one year on average. In Fulton County, uncontested cases typically close in six to twelve months. In rural counties with smaller dockets, timelines can be shorter.
The legal floor is set by O.C.G.A. § 53-7-41: the estate cannot close until three months after creditors are notified. That 90-day creditor window is mandatory regardless of estate size or simplicity.
What extends timelines beyond a year:
- Real property in multiple counties — each property may require a separate ancillary proceeding
- Business interests — valuation takes time and adds appraiser fees
- Family disputes — a contested will can add one to three years and tens of thousands in litigation costs
- Missing heirs — Solemn Form probate requires locating and notifying all heirs; a missing heir triggers additional court proceedings
Every additional month of administration adds attorney time, executor time, and carrying costs on estate assets. For a rental property generating $2,000/month in rent, a 12-month probate means $24,000 in income passing through an estate account under court supervision rather than directly to heirs.
What Triggers Simple vs. Complex Probate in Georgia
Not all Georgia probates cost the same. The difference between a $5,000 probate and a $40,000 probate usually comes down to a few specific triggers.
Simple probate tends to apply when the estate has one or two accounts and a single piece of real property, the will is clear and uncontested, all heirs are known and in agreement, there are no business interests or out-of-state property, and the executor is organized and responsive.
Complex probate applies when any of these exist: a business ownership interest requiring court-supervised valuation, out-of-state real property (triggers ancillary probate in that state), creditor disputes, a will contest, minor beneficiaries, or no will at all.
For the $300,000 to $2,000,000 estates most Atlanta families navigate, the presence of a rental property, a small business, or a blended family structure is usually what moves the case from the low end to the high end of the cost range.
The Costs That Surprise Most Georgia Families
Beyond filing fees, executor commissions, and attorney fees, several additional costs catch families off guard.
Creditor publication. Georgia law requires the estate to publish notice to creditors in a newspaper of general circulation. Cobb County embeds the $120 publication fee into the Letters of Administration petition. Other counties bill it separately. This is mandatory — it cannot be skipped.
Bond premiums. When a deceased person dies without a will, Georgia courts typically require the administrator to obtain a surety bond. Bond premiums run roughly 0.5% to 1% of the bond amount per year, and the bond amount is typically set at the estate’s gross value. On a $500,000 estate, expect $2,500 to $5,000 per year in bond premiums until the estate closes.
Real property appraisals. Georgia requires an inventory of all estate assets. Real property must be appraised at fair market value. Professional appraisals for Atlanta-area residential properties typically run $300 to $600 per property. Commercial or investment property appraisals cost more.
Accountant fees. Complex estates with rental income, business income, or assets in multiple states may require a CPA to prepare estate income tax returns (Form 1041). CPA fees for this work typically run $2,000 to $10,000 depending on complexity.
How to Avoid Probate Costs Entirely in Georgia
Every cost on this page applies only to assets that pass through probate. Assets that pass outside of probate avoid all of it.
Assets held in a revocable living trust transfer directly to beneficiaries when the trustee follows the trust’s distribution instructions. No court. No publication. No creditor waiting period.
Beneficiary-designated accounts (IRAs, 401(k)s, life insurance, POD bank accounts) pass directly to named beneficiaries regardless of what the will says.
Joint tenancy with right of survivorship passes the asset to the surviving co-owner by operation of law.
Georgia Transfer on Death Deed (available since July 2024) allows a single piece of real property to pass to named beneficiaries without probate.
A revocable living trust costs $3,500 to $5,000 at Atlanta Estate Planning for a complete plan. A probate for a $600,000 estate costs $10,000 to $30,000 and takes a year. For families with real estate, investment accounts, or a small business, the question is not whether probate is expensive. It is whether the estate plan eliminates the need for it.
