The honest answer is 9 to 18 months for a straightforward estate. Most Georgia estates are not straightforward. For estates that include real property, a business interest, or any kind of dispute, 18 to 24 months is common.
The clock starts the week after the person dies — before anyone has legal authority to do anything.
Phase 1 — The Filing and Appointment (Weeks 1–8)
Someone has to file a petition with the probate court in the county where the deceased lived. That filing must identify all heirs, all known assets, and all known creditors. Gathering that information takes time. People do not die with a clean asset spreadsheet attached to the will.
After filing, the court schedules a hearing. The court then formally appoints a personal representative — the person who will manage the estate. Even if the will names that person by name, they do not have legal authority to act until the court confirms the appointment in writing.
Until that appointment is issued, no one can access estate bank accounts, sell or transfer real property, or pay bills from estate funds. The mortgage payment came due four weeks after you died. Nobody had legal authority to pay it yet.
Our firm has seen families scramble to cover mortgage payments from personal savings during this window because they could not access the estate accounts. The money was there. The legal authority was not.
Phase 2 — Inventory and Creditor Notice (Months 2–6)
After appointment, the personal representative must inventory all assets and notify creditors that the estate is open. Georgia law gives creditors a set period to file claims against the estate. During that period, assets cannot be distributed and property cannot be sold or transferred.
The estate is frozen. But the bills are not.
The mortgage, property taxes, homeowner’s insurance, utilities, and any other carrying costs continue to run. The estate cannot simply pay these from estate funds without documentation and court authorization for each transaction. Every payment requires a paper trail that can be reviewed by the court.
If the family does not have personal liquid savings to cover those costs while the estate is frozen, they face a choice: fall behind on the mortgage or draw down their own savings month after month. Our firm has seen families in this position. The estate had equity. The family had no access to it.
Phase 3 — Closing the Estate (Months 6–18+)
After the creditor period closes, the personal representative can distribute remaining assets. But before that happens, the court must approve a final accounting — a full record of every asset received, every expense paid, and every distribution made.
If anything is contested — a family member disputes the will, a creditor claim is challenged, a beneficiary disagrees with a distribution — the timeline extends. There is no automatic cap. Contested estates in Georgia courts can take years.
Georgia does not have automatic independent administration. Court oversight is required at each stage unless all heirs consent in writing and the will specifically authorizes independent administration. Most wills do not include that language. Most heirs do not know to ask for it.
What “Simple Estate” Actually Means
Most people believe their estate is simple. The legal definition of simple is narrower than most families expect.
A simple estate means: no real property, no business interests, no minor children, no out-of-state assets, no contested claims, and no complicating family dynamics. One bank account and a car might qualify as simple. Most Georgia families who own a home, have retirement accounts, and have adult children from more than one relationship do not have a simple estate.
Real property in a single county adds complexity. Real property in multiple counties adds more. A partial interest in a family business, even a small one, adds significant complexity. A second marriage with children from prior relationships adds more still.
The families who are most surprised by the timeline are the ones who assumed “simple” without checking the legal definition.
What Is Running While Probate Runs
Eighteen months of mortgage payments at $2,400 per month is $43,200. That amount comes from somewhere — either from the estate once it is finally accessible, or from the surviving family’s personal savings in the meantime.
Property taxes still accrue during probate. Insurance policies expire and must be renewed. If the deceased owned a business, employees and vendors and lease obligations do not pause for the court calendar.
Our firm has reviewed estates where the family was forced to sell real property at below-market value because they could not sustain the carrying costs for 18 months while the estate moved through court. The property had value. The timeline destroyed some of it.
Your spouse or adult children are funding all of this from their own pockets while they wait for access to the estate you built.
When a Trust Is in Place Instead
A successor trustee — the person you name in the trust document to manage assets after you die — has legal authority the day after you die. No filing. No court appointment. No creditor waiting period.
Bills get paid on the normal schedule. Property gets managed. Decisions about the house, the accounts, and the business get made by the person you chose — not by a court calendar.
A revocable living trust does not eliminate every legal step after death, but it removes the most time-consuming ones. The difference between 18 months of court supervision and a few weeks of administrative transfer is the difference between financial pressure and financial stability for your family.
To understand what avoiding probate looks like in practice, read our guide on how to avoid probate in Georgia. To have someone review your current plan, schedule a Family Protection Audit.