Executor Checklist for Georgia: Complete 2026 Probate Guide

Your sister passed away suddenly in Atlanta. She had a will, and she named you as executor. You've never done this before, and now you're trying to figure out what Georgia's Probate Court needs from you — which forms to file, how much it costs, and what this "year's support" provision is that people keep mentioning. Everything online seems to describe California or New York procedures, not Georgia. You need answers specific to how things work here.

This is your step-by-step Georgia executor checklist — every form, every deadline, every fee, specific to how Georgia probate actually works in 2026. If you're looking for a general overview of the executor role first, start with our Executor's Complete Guide to Probate and come back here for the Georgia details.

Important: This guide is for informational purposes only and does not constitute legal advice. Probate laws are complex and vary by county within Georgia. Always consult with a licensed attorney authorized to practice law in Georgia before making legal or financial decisions about an estate.

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Quick Reference: Georgia Probate Court Contact

Georgia Probate Courts Website: georgiacourts.gov/probate-courts Phone: (404) 613-5045 (Fulton County Probate Court) Filing Fee: $100 -- $250 Small Estate Threshold: No fixed dollar limit (simplified procedures available) Creditor Period: 3 months No State Estate Tax

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Your Georgia Executor Checklist

Step 1: Immediate Actions (First 7 Days)

Before you interact with any court, there are things that need to happen right away. These protect the estate and protect you.

Order death certificates. You'll need more than you think. Order 10-15 certified copies from the Georgia Department of Public Health or the county vital records office. Banks, insurance companies, the DDS, and brokerage firms will each want their own original. At roughly $25 per copy in Georgia, this is a manageable early expense, and running out later means unnecessary delays.

Secure the property. If the deceased owned a home, make sure it's locked, the mail is being collected, and nothing is deteriorating. Check that homeowner's insurance is current — policies can lapse quickly after a death, and an uninsured property creates liability exposure for the estate. If there are vehicles, make sure they're parked safely and insured.

Locate the original will. You need the original, not a copy. Check the deceased's home, their attorney's office, and any safe deposit box. In Georgia, a will may have been filed with the Probate Court during the person's lifetime for safekeeping. Without the original, you may face intestate proceedings even if everyone agrees a will existed.

Notify immediate family. Let beneficiaries and close family members know that you've been named executor and that you'll be managing the probate process. You don't need to share financial details yet — just that you're handling things and will keep them informed. Setting expectations early reduces the communication burden significantly.

Gather financial records. Start collecting bank statements, investment account information, mortgage documents, credit card statements, tax returns, and insurance policies. You'll need all of this for the inventory and for filing taxes later. The more organized you are now, the smoother every subsequent step will be.

Step 2: Determine If Full Probate Is Required

Not every Georgia estate needs formal probate. Before you file anything, check whether the estate qualifies for a simplified procedure.

Petition for no administration necessary. Georgia allows heirs to petition the Probate Court for an order declaring that no administration is necessary. Unlike most states, this procedure has no fixed dollar limit on estate value. To qualify, the deceased must have died intestate (without a will), all debts must be paid or all creditors must consent, and all heirs must sign a notarized agreement on how to divide the property. If the court approves, assets can be distributed without formal administration.

Bank accounts under $15,000. Georgia law (O.C.G.A. 7-1-239) allows financial institutions to release funds in accounts totaling $15,000 or less to a surviving spouse or heirs upon presentation of a death certificate and appropriate identification, without requiring letters of administration or court involvement. This applies only to intestate estates and is separate from the "no administration necessary" petition.

Assets passing outside probate. Before assuming everything goes through the court, identify assets that transfer automatically: life insurance with named beneficiaries, retirement accounts (IRAs, 401(k)s) with beneficiary designations, jointly held property with right of survivorship, and payable-on-death bank accounts. These bypass probate entirely.

If the estate doesn't qualify for these simplified procedures — for example, there's a will, debts remain unpaid, or heirs can't agree — you're looking at formal probate. Here's how it works.

Step 3: File the Will and Petition for Probate

This is the step that officially starts the probate process in Georgia.

File the will with the Probate Court. In Georgia, you must file the original will with the Probate Court in the county where the deceased was domiciled at the time of death. Georgia law requires filing within a reasonable time after death. The Probate Court is a separate court from Superior Court in Georgia — probate matters are handled exclusively by the Probate Court.

File a petition for probate. This petition asks the court to admit the will to probate and appoint you as executor. Georgia distinguishes between "probate in solemn form" and "probate in common form." Solemn form requires that all heirs be personally notified and given an opportunity to object — it takes longer but produces a final, binding result. Common form is faster but can be challenged for up to four years afterward. Most attorneys recommend solemn form because it provides finality.

Pay the filing fee. Georgia probate filing fees range from $100 to $250, depending on the county and the type of petition. This is one of the more affordable filing fees in the country. The fee is paid when you file the petition.

Bond may be required. Georgia requires a bond unless the will waives it. The bond protects beneficiaries and creditors against mismanagement. If the will includes a bond waiver, the court typically honors it. If bond is required, the amount is usually tied to the value of the estate's personal property.

Receive letters testamentary. Once the court admits the will and approves your appointment, you'll receive Letters Testamentary. These are your official proof of authority to act on behalf of the estate. Get several certified copies — you'll need them for banks, investment companies, and real estate transactions.

Court supervision is required. Unlike many states, Georgia does not offer independent administration. All estates go through court-supervised probate. This means you'll need court approval for most significant actions, including selling real estate and making distributions. Plan for this — it adds time to the process but provides oversight that can actually protect you as executor.

For context on what the overall process looks like step by step, our general executor checklist covers the phases that apply in every state.

Step 4: Notify Creditors and Beneficiaries

Georgia law requires you to notify creditors and interested parties that probate is underway.

Publish notice to creditors. You must publish a notice to debtors and creditors in the official newspaper of the county where the estate is being administered. Georgia requires this notice to run once a week for 4 consecutive weeks. The newspaper handles the formatting — you arrange and pay for it (typically $150-400).

Send notice to known creditors. In addition to publishing, send written notice to every creditor you're aware of. Georgia doesn't prescribe a specific form for this notice, but use certified mail so you have proof of delivery.

The creditor claim window: 3 months. In Georgia, creditors have 3 months from the date of last publication to file claims against the estate. This is a relatively short window compared to many states. You cannot safely distribute assets until this period closes and all valid claims are resolved. Understanding how debt works after someone dies will help you evaluate which claims are legitimate.

Notify heirs and beneficiaries. If you're probating in solemn form (recommended), all heirs-at-law must receive personal notice and an opportunity to appear in court. Beneficiaries named in the will also receive notice. Beneficiaries have specific legal rights, including the right to contest the will during the solemn form proceeding.

Step 5: Inventory and Appraise Assets

This is where you account for everything the deceased owned. Georgia requires a thorough inventory.

File an inventory and appraisal. Georgia requires the executor to file an inventory of the estate's assets with the Probate Court. The inventory should list every asset with its fair market value as of the date of death. While Georgia doesn't have a statewide standardized inventory form like some states, most county Probate Courts provide their own forms or will accept a detailed written inventory.

Obtain appraisals for real property. Georgia does not require court-appointed appraisers, but you'll need credible fair market value assessments for real estate, business interests, and significant personal property. Use qualified, independent appraisers — the court and beneficiaries can challenge valuations that appear unreasonable.

Cash and financial accounts. Bank accounts, CDs, and investment accounts can be valued based on statements as of the date of death. Request date-of-death valuations from each financial institution.

Year's support — a critical Georgia provision. Georgia has a unique provision called year's support that allows the surviving spouse and/or minor children to petition the Probate Court for an amount of property sufficient for their support and maintenance for one year. This claim has priority over nearly all other claims against the estate — including creditors. The court sets the amount, which can be substantial, and the designated property is set aside before any other distributions. If there's a surviving spouse or minor children, expect this to be a significant factor in how the estate is administered.

Step 6: Pay Debts, Taxes, and Expenses

Once the creditor window is open and claims come in, handle them methodically.

Evaluate creditor claims. Not every claim is valid. Review each one carefully. You can accept valid claims or reject claims you believe are invalid. Georgia law establishes a priority order for paying claims — funeral expenses, year's support, administration costs, and taxes typically come first.

Georgia has no state estate or inheritance tax. This is genuinely good news. Georgia does not impose its own estate tax or inheritance tax. You only need to worry about federal estate tax if the estate exceeds the federal exemption — currently $15 million (adjusted periodically for inflation). The vast majority of Georgia estates owe zero estate tax. However, you may need to file the Georgia Form T-20 (Affidavit of Inheritance) with the Department of Revenue to confirm there is no state tax liability.

File the decedent's final income tax return. The deceased's final federal and Georgia state income tax returns are due by April 15 of the year following death (or the normal extension deadline). Any tax owed is paid from the estate, not your pocket. If the estate generates income during probate (rental income, investment dividends, interest), you'll also need to file a separate estate income tax return (federal Form 1041 and Georgia Form 501).

Pay valid debts and estate expenses. After evaluating claims, pay valid creditor claims, ongoing expenses (utilities, insurance, property taxes on estate property), and probate costs (attorney fees, court costs, appraisal fees) from estate funds. Keep meticulous records — beneficiaries and the court can demand a full accounting.

Step 7: Distribute Assets and Close the Estate

You're in the final stretch. Georgia's court-supervised process means you'll need approval before distributing.

Petition for leave to distribute. Because Georgia requires court supervision for estate administration, you'll need to petition the Probate Court for permission to distribute assets to beneficiaries. The petition includes an accounting of all estate transactions and a proposed distribution plan.

Prepare an accounting. Georgia requires a final accounting that details every transaction — income received, bills paid, fees charged, and the proposed distribution to each beneficiary. Beneficiaries receive a copy and can object if something looks wrong. The court reviews the accounting before authorizing distribution.

Distribute assets according to the will. After court approval, transfer assets to beneficiaries as directed. Get signed receipts from each beneficiary confirming they received their distribution. This protects you if questions come up later.

File to be discharged. Once everything is distributed, petition the court for discharge as executor. The court issues an order closing the estate and releasing you from further liability. Keep copies of everything — you may need them for years.

For a broader look at how the probate timeline typically unfolds, including what causes delays, see our detailed timeline breakdown.

Georgia-Specific Probate Rules to Know

Beyond the step-by-step process, there are several Georgia-specific rules that can significantly affect how you manage the estate.

Year's support is powerful. Georgia's year's support provision (O.C.G.A. 53-3-1) is unlike anything in most other states. The surviving spouse and/or minor children can petition for property sufficient for their support for twelve months. This has priority over virtually all other claims against the estate — including most creditors. The amount isn't fixed; the Probate Court determines what's "sufficient." In some cases, the year's support can consume the majority of a modest estate. If you're an executor dealing with a surviving spouse or minor children, expect this to be filed and plan accordingly.

No independent administration. Georgia is one of the states that does not offer independent administration. Every estate goes through court-supervised probate, which means the executor needs court approval for significant actions like selling real property, compromising claims, or making distributions. This adds time and court appearances to the process, but it also provides a layer of protection for the executor — court-approved actions are harder for beneficiaries to challenge later.

Monthly court terms. Georgia Probate Courts operate on monthly terms, meaning cases are typically scheduled on specific days of the month. This can affect your timeline — if you miss a filing deadline for the current term, your matter may not be heard until the next month. Ask the court clerk about the schedule when you file, and build these court dates into your planning.

Probate in solemn form vs. common form. This distinction is critical in Georgia. Common form is faster — the court can admit the will without a hearing or notice to heirs. But it can be challenged for up to four years. Solemn form requires personal notice to all heirs and a hearing, but once the will is admitted, it's final and cannot be challenged (except for fraud). Most estate attorneys strongly recommend solemn form because the finality it provides is worth the extra time upfront.

Executor compensation. Georgia law entitles executors to a commission of 2.5% of money received plus 2.5% of money paid out by the estate. The court can also allow additional compensation for extraordinary services. For more on how executor compensation works across states, see our detailed guide.

What HeirPortal Does for Georgia Executors

When you set up an estate in HeirPortal, Georgia-specific deadlines and requirements populate automatically — the 3-month creditor claim window, publication requirements, court term schedules, and key filing dates. Your family members see the same timeline you do, which means fewer calls asking "what's happening?" and more time spent actually moving the estate forward. You can check our state coverage page to see exactly what's included.

FAQ

How long does probate take in Georgia?

Most Georgia estates take 6-12 months from the initial filing to final distribution. Simple estates with cooperative families and no contested issues can sometimes close in 4-6 months, particularly if the creditor period passes without claims. Complex estates — those involving business interests, multiple properties, tax issues, or family disputes — can take 1-2 years or longer. The lack of independent administration and the monthly court term schedule means that Georgia probate sometimes moves more slowly than in states with streamlined procedures.

Do I need a lawyer for probate in Georgia?

Georgia does not legally require an attorney for probate, and Probate Court judges often assist pro se filers with procedural questions. However, given that Georgia requires court-supervised administration for all estates, having an attorney is strongly recommended for estates of any significant value. The attorney's fees are paid from the estate. For very small estates (under $15,000), the simplified procedures are manageable without an attorney.

What is year's support in Georgia?

Year's support is a Georgia-specific provision that allows the surviving spouse and/or minor children to petition the Probate Court for an amount of property sufficient for their support and maintenance for twelve months. It has priority over nearly all other claims, including most creditors. The Probate Court determines the amount based on the family's accustomed standard of living. Year's support must be filed within the estate administration period, and it can significantly reduce what's available for other beneficiaries.

What is the small estate threshold in Georgia?

Georgia's simplified probate procedures work differently from most states. The "no administration necessary" petition has no fixed dollar limit — it's available for intestate estates of any size where all debts are paid and all heirs agree on how to divide assets. Separately, financial institutions may release bank account funds of $15,000 or less to a surviving spouse or heirs upon presentation of a death certificate, without requiring court-issued letters of administration. For testate estates (those with a will), formal probate is generally required regardless of estate size.

How much does probate cost in Georgia?

The major costs break down as follows:

• Court filing fee: $100 -- $250 (varies by county)
• Attorney fees: Typically $2,000 -- $5,000+ (varies by complexity)
• Executor commission: 2.5% of money received plus 2.5% of money paid out
• Appraisals: $300 -- $1,000+ depending on assets
• Newspaper publication: $150 -- $400 (4 weeks)
• Certified death certificates: $250 -- $375 (for 10-15 copies)
• Bond premium: 0.5-1% of bond amount (if required)

On a $300,000 estate, total costs including attorney and executor fees typically range from $12,000-$20,000.

Can I avoid probate in Georgia?

Yes, several strategies can help you avoid or minimize probate in Georgia:

• Living trust: Assets held in a revocable living trust pass outside of probate entirely
• Joint ownership with right of survivorship: Property passes automatically to the surviving owner
• Beneficiary designations: Life insurance, retirement accounts, and payable-on-death bank accounts bypass probate
• No administration necessary: Intestate estates where all debts are paid and heirs agree can skip formal probate
• Transfer on death accounts: Georgia recognizes TOD designations for securities and financial accounts. Since July 1, 2024, Georgia also allows transfer-on-death deeds for real estate (O.C.G.A. 44-17), providing a significant new probate avoidance tool.

What happens if there's no will in Georgia?

If the deceased died without a will (intestate), Georgia's intestate succession laws determine who inherits. If there's a surviving spouse and children, the spouse shares equally with the children, but the spouse's share cannot be less than one-third of the estate. If there's a surviving spouse but no children, the spouse inherits everything. The court appoints an administrator to manage the estate, and a bond is required.

What is the difference between solemn form and common form probate?

Common form probate is faster — the court can admit the will and appoint the executor without a hearing or notice to heirs. However, common form can be challenged for up to four years after admission. Solemn form requires personal notice to all heirs-at-law and a formal hearing, but once the will is admitted in solemn form, it's final and generally cannot be challenged. Most Georgia attorneys recommend solemn form because the finality it provides is worth the additional time and effort upfront.

Executor Checklists for Other States

Looking for executor guidance specific to another state? We have detailed checklists for:

Alabama | Alaska | Arizona | Arkansas | California | Colorado | Connecticut | DC | Delaware | Florida | Hawaii | Idaho | Illinois | Indiana | Iowa | Kansas | Kentucky | Louisiana | Maine | Maryland | Massachusetts | Michigan | Minnesota | Mississippi | Missouri | Montana | Nebraska | Nevada | New Hampshire | New Jersey | New Mexico | New York | North Carolina | North Dakota | Ohio | Oklahoma | Oregon | Pennsylvania | Rhode Island | South Carolina | South Dakota | Tennessee | Texas | Utah | Vermont | Virginia | Washington | West Virginia | Wisconsin | Wyoming

Don't see your state? Check our state coverage page for probate requirements in all 50 states plus DC.

Georgia's probate process has some unique features — year's support, court-supervised administration, and the solemn form distinction among them. But every step is manageable when you know what to expect and take things in order. The fact that you're researching this now means you're already ahead of where most executors start.