How to Probate a Will in Georgia: A Step-by-Step Overview

When someone passes away leaving a will, the document doesn't simply take effect on its own. It must go through a court-supervised process called probate, which validates the will, appoints someone to manage the estate, and oversees the distribution of assets to beneficiaries. In Georgia, probate is handled by the probate court in the county where the decedent lived at the time of death.

The process can feel overwhelming — especially for someone navigating it for the first time while also grieving. Breaking it down into clear stages makes the responsibilities manageable.

Step 1: Locate and Secure the Will

The first task for anyone responsible for an estate is locating the original signed will. A photocopy is not sufficient — Georgia probate courts require the original document. Common locations include a home safe, a safe deposit box, the decedent's attorney's office, or a filing with the probate court during the decedent's lifetime (Georgia allows wills to be deposited with the probate court for safekeeping).

Georgia law requires anyone in possession of an original will to file it with the appropriate probate court at some point after the decedent's death — even if the family does not intend to open a formal probate estate. Retaining a will without filing it can expose the holder to legal liability.

Step 2: Determine Whether Probate Is Necessary

Not every asset requires probate. Property held in a properly funded living trust, accounts with designated beneficiaries, jointly owned property with right of survivorship, and certain other assets transfer automatically outside of probate. Before opening a probate estate, it's worth identifying which assets actually require the probate process and which can be transferred through other means.

For assets held solely in the decedent's name without a beneficiary designation or joint owner, probate is typically required to transfer legal ownership to the heirs.

Step 3: File the Will and Petition With the Probate Court

To formally open a probate estate, the executor named in the will — or, if there is no will, an interested party seeking appointment as administrator — files a petition with the probate court in the decedent's home county. The standard forms used in Georgia are available through the Supreme Court of Georgia's website and through each county's probate court.

The petition must be accompanied by the original will, a certified copy of the death certificate, basic information about the decedent's heirs and beneficiaries, and the required filing fees. Fees vary by county.

Step 4: Choose Common Form or Solemn Form Probate

Georgia offers two methods of probating a will, and the choice has significant procedural and legal implications.

Common Form probate does not require advance notice to heirs and can be completed without a court hearing in most cases. It is faster and less expensive to initiate. However, Common Form probate doesn't become binding for four years — meaning heirs have up to four years to file a written challenge (called a caveat).

Solemn Form probate requires that all heirs-at-law be formally notified and given the opportunity to appear and object before the will is admitted. It takes more time and coordination upfront but provides the executor with immediate, binding finality. If no one objects within the notice period, the probate is conclusive. Most practitioners recommend Solemn Form when the executor wants certainty and there is any realistic possibility of a future dispute.

Step 5: Receive Letters Testamentary

Once the court reviews and approves the petition, it issues Letters Testamentary — the legal document that formally authorizes the executor to act on behalf of the estate. Without Letters Testamentary, banks, brokers, title companies, and other institutions will not recognize the executor's authority to access accounts, sell property, or conduct any business on the estate's behalf.

If the decedent left no will, the court issues Letters of Administration to the appointed administrator instead.

Step 6: Notify Creditors

After receiving Letters Testamentary, the executor must publish a notice to creditors in a local newspaper of general circulation in the county where the decedent lived. This publication must run for four consecutive weeks and must be completed within 60 days of the court's appointment of the executor. The publication puts creditors on notice of the estate's opening and establishes the beginning of the three-month window during which creditors may file valid claims against the estate.

Known creditors should also be notified directly in writing.

Step 7: Inventory and Appraise Estate Assets

The executor must identify, collect, and value all assets held in the estate — bank accounts, investment accounts, real estate, personal property, vehicles, business interests, and any other items of value. This inventory must be filed with the probate court, typically within six months of the executor's appointment. Accurate valuation is critical, both for proper administration and for any estate tax obligations.

Step 8: Pay Valid Debts and Taxes

Before any distributions to beneficiaries, the executor must pay all valid claims filed by creditors, any outstanding taxes owed by the decedent or the estate, and the administrative expenses of the estate — including attorney fees, executor compensation, court costs, and appraisal fees. Georgia law specifies the priority order in which different categories of claims are paid. Heirs receive what remains after all valid obligations are satisfied.

Step 9: Distribute Assets to Beneficiaries

Once debts and taxes are fully resolved, the executor distributes the remaining assets to beneficiaries as directed by the will. Real estate requires a new deed to transfer ownership. Financial accounts are retitled or transferred. Personal property is distributed or sold with proceeds allocated as directed. The executor documents each distribution carefully.

Step 10: File a Final Accounting and Close the Estate

When all assets have been collected, all debts paid, and all distributions made, the executor prepares a final accounting — a detailed record of every transaction that occurred during the estate's administration — and submits it to the probate court. Once the court approves the accounting and is satisfied that the executor has fulfilled all duties, it issues an order discharging the executor and formally closing the estate.

The entire process from filing the initial petition to closing typically takes between 12 and 18 months for a straightforward estate, though contested wills, complex assets, or creditor disputes can extend that timeline considerably.