Probate in Georgia costs money — often more than families expect. The total cost depends on the size and complexity of the estate, but even a straightforward probate typically runs $3,000 to $10,000 in fees. For larger estates or those with complications, costs can reach $30,000 or more.
Here is a breakdown of what probate actually costs in Georgia and why avoiding it is worth the effort.
Georgia Probate Court Filing Fees
Filing fees to open a probate estate in Georgia vary by county but typically range from $100 to $400 for an initial petition. Additional filings — inventories, accountings, final orders — add more fees throughout the process. Total court costs for a simple estate usually run $300 to $800.
Attorney Fees
Most Georgia families hire a probate attorney to navigate the process. Attorney fees are the largest component of probate costs. Georgia does not set a mandatory fee schedule, so attorneys typically charge either an hourly rate ($250–$500/hour) or a flat fee based on estate complexity.
For a simple estate with a clear will and cooperative heirs, attorney fees might be $2,500 to $5,000. For a contested will, multiple properties, business interests, or disputes among heirs, attorney fees can easily reach $15,000 to $50,000 or more.
Executor Commissions
Georgia law allows the executor to be compensated for their work administering the estate. The statutory rate is up to 2.5% of the inventory value of assets received, plus up to 2.5% of the money paid out.
Example: On a $400,000 estate, the executor could claim up to $10,000 in commissions — on top of attorney fees.
If the executor is a family member, they often waive this fee. But professional executors (banks, trust companies) typically collect it in full.
Appraisal and Accounting Costs
Estates with real estate, business interests, or valuable personal property may require professional appraisals. Estate accountants may be needed for complex financial situations or when estate tax returns must be filed.
Appraisal costs: $500–$3,000 per property. Accounting fees: $2,000–$10,000 depending on complexity.
Real Estate Transfer Costs
If real estate passes through probate, there are additional costs: deed preparation, recording fees, and potential transfer taxes. If the property is sold during probate, real estate commission applies.
The Hidden Cost: Time
Probate in Georgia takes 9 to 18 months for a straightforward estate. During that time:
- Assets are frozen — they cannot be sold or distributed
- Bills, mortgages, and property taxes continue accruing on estate assets
- Family members who depended on the deceased may have no access to funds
- Real estate may sit vacant and deteriorate
For a family dealing with grief, this delay adds enormous stress. The financial cost of the delay — lost investment returns, carrying costs on real estate, time spent managing the process — can exceed the direct fees.
Total Costs: A Real Example
Consider a Georgia estate with a house worth $350,000, bank accounts totaling $120,000, and a car:
- Court filing fees: $400
- Attorney fees (straightforward): $4,000
- Executor commission (waived by family member): $0
- Appraisal of home: $500
- Miscellaneous (notices, copies, postage): $300
- Total: approximately $5,200
If the will is contested by a sibling, add $20,000 to $50,000 in additional attorney fees and another 1–3 years of delay.
The Alternative: A Revocable Living Trust
A revocable living trust costs $3,500 at The Hive Law for a complete estate plan. That one-time cost eliminates probate entirely — no court fees, no attorney fees, no executor commissions, and no delay. Your family receives their inheritance in weeks, not years.
For most Georgia families, the cost of not having a trust far exceeds the cost of creating one. If you want to protect your family from probate costs, start with a Family Protection Audit with Melissa Breyer at The Hive Law.