Probate in Georgia: do you need a lawyer, and what it costs

Settling an estate in Georgia

What an executor deals with after the funeral: the will, the court, creditors, tax and closing the estate. Each fact links to the statute it comes from and shows the date we last read it.

Filing the original will

In Georgia, anyone who has the original will must file it with the probate court "with reasonable promptness". The law sets no exact number of days, but the court can hold someone in contempt, and fine or jail them, until the will is handed over.

O.C.G.A. § 53-5-5Read the statute text · law.justia.comchecked Oct 5, 2026

Which court handles probate

In Georgia, wills and estates are handled by the probate court of the county where the person who died lived. If they lived in a nursing home, that usually means the county they lived in before moving there.

O.C.G.A. §§ 53-5-1, 53-6-21, 15-9-30, 53-2-40Read the statute text · law.justia.comchecked Oct 5, 2026effective Jan 1, 2025

Creditors' deadline to make claims

In Georgia, within 60 days after being appointed, the executor or administrator must publish a notice to creditors in the county's official newspaper once a week for four weeks. Creditors who do not give notice of their claims within 3 months after the last notice lose their right to an equal share with other creditors of the same rank, but can still be paid if money is left.

O.C.G.A. §§ 53-7-41, 53-7-42Read the statute text · law.justia.comchecked Oct 5, 2026effective May 10, 2021

Estate inventory

In Georgia, unless the will or the heirs excuse it, the executor or administrator must file an inventory of everything the person who died owned with the probate court, and mail a copy to the beneficiaries or heirs, within 6 months after being appointed.

O.C.G.A. § 53-7-30Read the statute text · law.justia.comchecked Oct 5, 2026

The order estate debts are paid

In Georgia, if the estate cannot pay every debt, claims are paid in the order the law sets, starting with a year's support for the family and then funeral costs. Ordinary debts like credit cards come last.

O.C.G.A. § 53-7-40Read the statute text · law.justia.comchecked Oct 5, 2026

State estate and inheritance tax

Georgia has no estate tax for deaths on or after July 1, 2014, and no state estate tax return is required. Georgia also has no inheritance tax.

O.C.G.A. § 48-12-1Read the statute text · law.justia.comchecked Oct 5, 2026effective Jul 1, 2014

Closing an estate

In Georgia, when the work is done, the executor or administrator files a petition for discharge with the probate court, stating that all claims are paid (or which are unpaid and why) and that the inventory and returns are filed or excused. Heirs or beneficiaries are notified and a notice is published once; if no one objects, the court enters the discharge order.

O.C.G.A. § 53-7-50Read the statute text · law.justia.comchecked Oct 5, 2026effective Jan 1, 2021