How to Probate a Will in Georgia

In Georgia, probating a will means filing it with the probate court, choosing common form or solemn form, and getting Letters Testamentary before you can act for the estate. Common form stays open to challenge for four years, while solemn form becomes final within six months. This applies to any executor named in a Georgia will.

By Melissa Breyer, Esq. 7 min read

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You are holding a signed will. You are not sure what happens next. That is normal. Probating a will in Georgia is a specific legal process, not something you already know how to do. First, you file the will with the probate court. Then you pick one of two paths, common form or solemn form. After that, the court gives you the legal right to act for the estate.

Most of the trouble is not the paperwork. It is picking the wrong path, or missing a notice step. Common form is fast. It needs no notice to anyone. But it stays open to challenge for four years. Solemn form takes longer to start. It requires notice to every heir. But it closes the will to most future challenges within months.

Probating a will in Georgia runs through five real steps and takes about 13 months on average for a simple, uncontested estate. A probate attorney becomes necessary if the estate is contested, has real property to sell, or involves a missing heir.

What “Probating a Will” Actually Means in Georgia

Probating a will means asking a Georgia court to approve it. The court also names the executor. Until that happens, the will is just paper. No bank or title company will act on a will alone. They need Letters Testamentary first. That is the court document that proves the executor’s authority. It only exists after the will is probated.

For the full probate process, see What Is Probate in Georgia?

Common Form or Solemn Form: The Choice That Shapes Everything Else

Georgia gives you two ways to probate a will. The choice affects speed. It also affects how long the will can be challenged.

Common form needs only one witness. It needs no notice to anyone. Under O.C.G.A. § 53-5-17, a self-proved will does not even need that witness. Most wills are self-proved. This is the faster path. Most simple estates use it.

There is a tradeoff. A will proved in common form can be challenged for four years. Minor heirs get extra protection during that time.

Solemn form requires personal notice to every heir. Heirs must get that notice at least 30 days before the hearing. It takes longer to start. But once the court’s order is entered, the will becomes final for almost everyone. That happens within six months, much sooner than common form.

Most families with a simple estate choose common form. It starts faster. Some families expect a dispute. They choose solemn form on purpose, for the earlier certainty.

The Step-by-Step Process to Probate a Will in Georgia

Once you pick a form, the process follows five stages.

1

File the Will and the Petition

Someone must file the will. This is usually the executor, a family member, or a lawyer. File it with the probate court in the county where the person lived. Georgia law requires this “with reasonable promptness.” There is no fixed number of days. A court can fine or jail someone who hides a will. Bring the will, a completed petition, and a certified death certificate. You’ll also pay a filing fee when you submit the petition. The amount varies by county, so check with the probate court where you’re filing. See How Much Does Probate Cost in Georgia? for a full cost breakdown.

2

Get Letters Testamentary

The petition asks the court for Letters Testamentary. This document proves the executor’s authority. The judge checks that the will was signed and witnessed correctly. If solemn form is used, the judge also checks that notice was given. Then the court issues the letters. Until then, the executor has no more power than anyone else in the family. See Who Is the Executor of an Estate in Georgia? for what this authority covers.

3

Notify Creditors and Handle Claims

Once appointed, the executor must publish a notice to creditors. This runs once a week for four weeks. It must start within 60 days of the executor’s appointment. Creditors then have time to file a claim. An heir who objects to the will itself can file a caveat. That pauses the estate until a judge decides the dispute.

4

Inventory the Estate and Pay Debts

While the notice period runs, the executor lists everything the person owned. The executor secures those assets. Then the executor pays valid debts, in the order Georgia law sets. The executor also files the person’s final income tax return. No heir gets paid until this stage is mostly done. See How Much Does Probate Cost in Georgia? for what this step usually costs.

5

Distribute Assets and Close the Estate

Once debts and valid claims are paid, the executor gives the rest to the heirs. The will says how much each heir gets. The executor then files a final account with the court. The executor asks the court for discharge. Once the court grants discharge, the executor’s job is done.

How Long Probating a Will Takes in Georgia

A simple, uncontested Georgia probate usually takes 13 months on average. Most of that time comes from the four-week creditor notice. It also comes from the time it takes to resolve claims. Court delay is rarely the real cause. Solemn form adds time at the start, because of the 30-day notice rule. But it can save time later, since it closes off challenges sooner. A contested estate can take much longer. So can a missing heir or a disputed executor.

Some families want to skip this timeline. A revocable living trust moves assets through a private process instead. See Does a Will Avoid Probate in Georgia? to compare a will and a trust. See Revocable Living Trust to see how a trust works instead.

When You Need a Probate Attorney

Georgia law does not require a lawyer to probate a will. For a simple, uncontested estate, an executor can often file the petition alone. The executor can also handle notice without a lawyer.

A lawyer becomes far more valuable in certain cases: real estate that must be sold, a business interest, a missing or estranged heir, a caveat filed against the will, or an original will that cannot be found. A mistake at this stage does not just cost time. It can make the executor personally liable. Georgia holds executors to a strict legal duty once Letters Testamentary are issued.

13 Months Average Time to Probate a Will in Georgia That's the average time from filing the petition to closing the estate for a simple, uncontested probate.
30 Days Notice Heirs Must Get Before Solemn Form Probate Georgia law requires the executor to personally notify every heir at law at least this many days before the solemn form hearing.
4 Years When Common Form Probate Closes to Challenge After this point, most heirs lose the right to challenge a will proved without notice, with extra protection for heirs who were minors at the time.

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Melissa Breyer

Melissa Breyer

Georgia Estate Planning Attorney

Melissa Breyer is a Georgia estate planning attorney who works exclusively on trust-based estate planning and LLC formation. She personally designs and drafts every plan at The Hive Law after the initial call. Every plan is built from scratch for your specific family, your specific assets, and your specific wishes.

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Frequently Asked Questions

Common form and solemn form are the two paths to probate a will in Georgia. Common form needs only one witness. It needs no notice to anyone. It moves fast, but the will stays open to challenge for four years. Solemn form requires notice to every heir, at least 30 days before the hearing. It takes longer to start. But it makes the will final for almost everyone within six months.

Georgia law does not require a lawyer to probate a will. For a simple, uncontested estate, an executor can file the petition alone. A lawyer becomes far more valuable once the estate has real estate, a business, or a missing heir. A lawyer also helps when a challenge is likely. Mistakes at the filing or notice stage can make the executor personally liable.

Georgia law presumes a will was revoked if the original cannot be found. A copy can still be probated. But the family must prove the copy is a true copy. The family must also prove the will was never actually revoked. This turns a routine filing into a real legal fight. That is exactly the kind of case a probate attorney should handle.

Notice depends on which form of probate you use. Common form needs no notice to anyone. Solemn form requires personal notice to every heir at law. That notice must go out at least 30 days before the hearing. It gives heirs a real chance to object before the will becomes final.

An heir who objects to a will can file a caveat. That pauses the case. It also sends the case toward a hearing. A judge then decides if the will is valid. Most successful challenges involve one of three things: the person lacked mental capacity, someone used undue influence, or the will was not signed and witnessed correctly.

A will admitted through common form probate can still be challenged. Any heir has four years from the order to do it. Heirs who were minors at the time get extra protection. Solemn form closes this window much sooner. It becomes final for almost everyone within six months. That is why some families choose solemn form, even though it takes longer to start.

A Georgia will probate petition needs the original signed will, a completed petition form, and a certified death certificate. If the will already has a self-proving affidavit attached, that is enough to prove the signatures. If it does not, a witness must complete interrogatories to witness instead, confirming they saw the will signed. Solemn form petitions also need the names, ages, and addresses of every heir at law, even heirs who are not named in the will.

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