The 7 Steps of Georgia Probate
1
File the Petition and Open the Estate
The process begins when someone — usually a family member — files a petition with the probate court in the county where the deceased lived. If there is a will, a copy of the original is filed with the petition. The court charges a filing fee of $100 to $300, plus $2 per page for each document filed. The court reviews the petition and, if everything is in order, opens the estate.
2
Validate the Will and Appoint the Personal Representative
If the deceased left a will, the court validates it — confirming it meets Georgia’s requirements for a valid will: signed by the testator, witnessed by two competent adults. The court then appoints the executor named in the will. If there is no will, or if the named executor cannot serve, the court appoints an administrator — typically the closest available family member. Once appointed, the personal representative has legal authority to act on behalf of the estate.
3
Inventory and Appraise Estate Assets
The personal representative locates every asset the deceased owned and files a complete inventory with the court. Every item of real property, every financial account, every vehicle, and every business interest must be listed with its fair market value as of the date of death. Non-liquid assets — real estate, business interests, collectibles — require formal appraisal by a qualified professional. Appraisal fees run $300 to $1,500 per asset. The inventory is filed within a court-specified deadline after appointment.
4
Notify Creditors and Settle Debts
Georgia law requires that notice of the probate proceeding be published in a local newspaper for four consecutive weeks. This puts creditors on notice that the estate is open and gives them an opportunity to file claims. Under Georgia law, creditors generally have three months from the date of the first publication to submit claims. The personal representative reviews each claim, pays valid debts from estate funds, and disputes invalid ones. The estate cannot distribute assets to heirs until all valid creditor claims are resolved. If the estate is illiquid, assets may need to be sold to cover debts.
5
File Required Tax Returns
The personal representative is responsible for filing a final individual income tax return for the decedent, covering income from the beginning of the tax year through the date of death. If the estate generates income during administration — rent from a property, dividends from investments — an estate income tax return may also be required. Georgia does not have a state estate tax, but federal estate tax applies to estates above the federal exemption threshold (which changes periodically). An accountant typically handles this work, at a cost of $1,500 to $5,000 depending on complexity.
6
Distribute Assets to Heirs
Once debts are paid and tax obligations are resolved, the personal representative distributes the remaining assets to the beneficiaries named in the will. If there is no will, Georgia’s intestacy laws determine who receives what — prioritizing spouses, children, and then more distant relatives in a statutory order. Distributions must follow the will’s instructions exactly. A Georgia will can only make lump-sum distributions — it cannot set age requirements, milestones, or conditions on how a beneficiary may use what they receive. Only a trust allows conditional or staggered distributions.
7
File for Discharge and Close the Estate
After all assets are distributed, the personal representative files a petition for discharge with the court. The petition documents what was received, what was paid out, and what was distributed to each beneficiary. The court reviews the final accounting. If everything is in order, the court grants the discharge — formally releasing the personal representative from their duties and closing the estate. This is the step that takes 9 to 18 months to reach. Until the discharge is granted, the personal representative remains legally responsible for the estate.
- Cost: $15,000 average for a standard Georgia estate, paid from the estate at each step
- Timeline: 9 to 18 months minimum — the creditor window alone adds three months before distributions can begin
- Frozen assets: Nothing distributes until the discharge is granted at Step 7
What Slows the Process Down
The 9-to-18-month estimate assumes an uncontested estate with liquid assets, cooperative heirs, and no unusual creditor claims. Several factors extend each step significantly.
Creditor disputes. If the personal representative disputes a creditor claim, the creditor can sue the estate. Litigation adds months and attorney fees. Medical debt from a final illness — often $50,000 to $200,000 — frequently generates disputes that the personal representative must resolve before distributions can proceed.
Asset liquidation requirements. If the estate is illiquid — all the value is in real estate or a business — Step 4 requires selling assets before debts can be paid. Estate sales take time and often produce below-market results. A court-supervised property sale can add three to six months to the timeline.
Will contests. Under Common Form probate (the default in Georgia), a will can be contested for four years after it is admitted. A challenge by a disinherited heir or a competing claimant triggers litigation that can delay the discharge and distribution for years. Choosing Solemn Form probate — which formally notifies all interested parties upfront — closes this window, but requires additional time and legal work at the start.
Out-of-state property. If the deceased owned real estate in other states, each state requires its own probate proceeding. The Georgia estate cannot close until all ancillary probates in every state close. If the Florida or Tennessee probate is delayed, every Georgia heir waits. For the full picture of how out-of-state property affects cost and timeline, see What Is Probate in Georgia?
Heir disagreements. Disputes between beneficiaries — over asset values, distribution shares, or the personal representative’s decisions — require court intervention. Even minor disputes extend the timeline and generate additional attorney fees billed hourly from the estate.
What Your Family Pays at Each Stage
Probate costs are not a single upfront payment. They accumulate across all seven steps over 9 to 18 months.
The initial filing fee ($100–$300) is due at Step 1. The executor bond premium ($100–$1,000) is due shortly after appointment. Appraisal fees ($300–$1,500 per asset) are due at Step 3. Attorney fees — billed monthly at $350–$450 per hour — accumulate across every step. Publication costs ($100–$150) are due at Step 4. Tax preparation fees ($1,500–$5,000) are due at Step 5. Executor compensation (2.5% of every dollar in and out) is calculated and paid at Step 7.
The family often has to advance the initial costs out of pocket, before the estate has liquid funds. Those advances are reimbursed from estate assets once they are accessible. Every dollar paid at any step reduces what heirs ultimately receive. For the full cost breakdown, see How Much Does Probate Cost in Georgia?
How to Avoid Putting Your Family Through This
A revocable living trust replaces the entire seven-step probate process with a single trustee action. When the trustor dies, the successor trustee distributes assets according to the trust terms — no court filing, no creditor publication period, no frozen assets, no nine-month minimum wait. Assets typically transfer within 30 to 60 days of death.
The trust must be properly funded — every asset retitled into it — for this to work. An unfunded or partially funded trust still leaves assets in probate for the portions that were not retitled. The Hive Law’s Complete Family Trust Package includes a dedicated funding session to confirm every account is transferred correctly before the client is done.
To see every method for avoiding this process, visit How to Avoid Probate in Georgia.
