Georgia Probate: An Overview

Probate is a court-supervised legal process that might be required after someone dies. Probate gives someone, usually the surviving spouse or another close family member, authority to gather the deceased person's assets, pay debts and taxes, and transfer assets to the people who inherit them.

Probate in Georgia can commonly be conducted in about eight months to a year, unless there is a court fight over the will (which is quite rare) or unusual assets or creditors' claims that complicate matters.

Will Probate Be Necessary?

Probate court proceedings aren't always necessary. Usually, they're required only if the deceased person owned assets solely (without a co-owner). Other assets can probably be transferred to their new owners without probate.

Examples of common assets that do not need to go through probate include:

• assets the deceased person owned in joint tenancy, which pass automatically to the surviving owner
• assets for which a beneficiary has been named outside of the will—for example, retirement accounts for which the deceased person named a beneficiary, or payable-on-death bank accounts
• life insurance proceeds or pension benefits that are payable to a named beneficiary, and
• assets held in a revocable living trust.

Skipping Probate When There's No Will

In certain circumstances, any heir (person entitled to inherit under state law, in the absence of a will) can ask the local probate court for an order stating that no probate is necessary. The court will grant the request if:

• the deceased person didn't leave a will
• all the heirs agree on how to divvy up the person's assets, and
• there are no debts or creditors don't object to the lack of a probate proceeding.

(Ga. Code § 53-2-40 (2025).)

For more information, see Probate Shortcuts in Georgia.

The Personal Representative's Role

The personal representative (also called an "executor" or "administrator") makes sure that the deceased person's assets are given to the correct people and that all debts and taxes are paid. Who the personal representative is generally depends on whether or not there's a will.

The Executor or Personal Representative Named in the Will

If the deceased person named you to serve as a personal representative in the will, it will be up to you to step up and take charge of settling the estate. If probate is necessary, you'll go to the court and request to be formally appointed as personal representative of the estate. (Ga. Code §§ 53-5-2, 53-5-21 (2025).)

If There's No Will

If there's no will, or the person named in the will isn't available or willing to serve, the probate court will appoint an "administrator." This person does the same job as an executor and is also called the personal representative. The surviving spouse, if any, has first priority to be appointed as administrator (unless the couple was getting a divorce at the time of the death). (Ga. Code § 53-6-20 (2025).)

An administrator might need to post a bond with the court; this is a kind of insurance policy that protects the estate if the administrator mismanages estate funds. (Ga. Code § 53-6-50 (2025).)

Responsibilities of the Personal Representative

The personal representative takes an oath promising to act in the best interests of the estate, and the court will then issue a document called "Letters Testamentary" (if the executor was named in the will) or "Letters of Administration" (if the court appoints an administrator). (Ga. Code §§ 53-6-16, 53-6-24 (2025).)

These "Letters" give the personal representative the duty and authority to:

• collect and inventory the deceased person's assets, and keep them safe
• have the assets professionally appraised, if necessary
• sell some assets, if necessary
• pay valid debts and taxes, and
• give out the remaining property as the will (or if there's no will, state law) directs.

(Ga. Code § 53-7-6 (2025).)

Handling Estate Assets

The personal representative must keep careful records of how estate assets are handled and distributed; you might need to submit receipts, bills, and bank statements to the court. The court might require certain reports about the estate, including:

• a detailed inventory of estate assets, showing their estimated market value, and
• an annual accounting (called a return), showing what the estate received and spent. The accounting must include an updated inventory.

Both of these reports must be sent to heirs and beneficiaries as well. An accounting won't be required if all of the beneficiaries agree that it's not needed or if the will states that it's not required. (Ga. Code §§ 53-7-30, 53-7-67, 53-7-68 (2025).)

Usually, the personal representative will open a bank account for the estate and consolidate existing cash accounts in the estate account. Amounts that come into the estate (for example, compensation earned by the deceased person, refunds, and other miscellaneous payments) are deposited into the account, and its funds are used to pay estate expenses.

The personal representative has authority over any assets that go through probate. Probate assets can include vehicles, real estate, bank and brokerage accounts, and personal belongings (for example, jewelry, home furnishings, artwork, and collections). Life insurance proceeds that are payable to the estate (not a named beneficiary) are also probate assets.

If you need to sell some estate assets—to get cash to pay debts, or to get rid of assets that are declining in value—you might need to get prior approval from the probate court. It depends on the kind of asset and the authority granted to you by the will. You'll probably need court approval to sell real estate or business interests.

Dealing With Debts and Taxes

In addition to making sure beneficiaries receive their inheritances, the personal representative must ensure that creditors and the government receive what's due to them.

Notifying and Paying Creditors

Within 60 days of starting to serve as personal representative, the personal representative must publish a notice of the probate proceeding in a local newspaper. This serves to let creditors know that they have three months (after publication ends) to come forward if they want to present a formal claim to the estate. Most creditors don't make formal claims; they just send regular bills to the deceased person's address. (Ga. Code § 53-7-41 (2025).)

If there's not enough money in the estate to pay all debts, the personal representative must turn to state law, which prioritizes claims. The family is paid first; the surviving spouse and children under 18 are entitled to a year's support. After that come funeral expenses, costs of probate (court filing fees, lawyers' fees, and more), expenses of the last illness, and taxes, in that order. (Ga. Code §§ 53-3-1, 53-7-40 (2025).)

The list goes on; you'll need to consult it only if the estate can't pay all the bills. If that's your situation, you'll want to get legal advice before you start writing checks.

Filing Taxes

It's also the personal representative's job to file final state and federal income tax returns for the deceased person. These returns are generally due by April 15 of the year following the year of death. Income tax returns might also be required for the estate itself, if it receives income.

Additionally, a federal estate tax return will be required only if the taxable estate is very large—for deaths in 2025, more than $13.99 million. Less than one percent of estates are expected to have to pay federal estate tax under the current tax structure.

Distributing Property and Closing the Estate

The personal representative can distribute estate assets to inheritors only after debts and taxes are paid. The personal representative follows the instructions in the will, or if there is no will, turns to state intestacy laws to determine who inherits.

Georgia's intestacy laws provide that the deceased person's closest relatives inherit the estate's assets. For example, if the deceased person is survived by a spouse and children, they share the estate. The personal representative usually prepares an accounting, showing who gets what, before distributing property. (Ga. Code § 53-2-1 (2025).)

When the personal representative has paid all debts, filed the required tax returns, and distributed all the estate assets, the personal representative files a petition for discharge with the court, asking to be formally relieved from the position. If the court determines that the personal representative has performed all the duties required, the discharge will be granted. This closes the estate and releases the personal representative from any liability. (Ga. Code § 53-7-50 (2025).)

For more information on navigating the probate process and settling a loved one's estate, see The Executor's Guide, by Jennie Linn and Mary Randolph (Nolo).