Who Actually Pays Probate Costs in Georgia
The short answer: the estate pays, not the heirs. Every probate cost — attorney fees, executor commissions, court costs, appraisals, publication fees — is treated as an administrative expense of the estate. These expenses are paid before any distribution to beneficiaries. If the estate has $400,000 in assets and $20,000 in probate costs, heirs receive $380,000.
The distinction matters because heirs often assume they will pay attorney fees personally and get reimbursed. That is not how Georgia probate works. The attorney’s client is the estate, not the beneficiaries. The fee comes out of estate funds — unless the estate has no liquid assets, in which case someone has to advance those funds and wait for reimbursement from asset sales.
There is one exception: if an heir hires their own attorney to contest the will or protect their individual interests, they pay that attorney themselves. That cost does not come from the estate unless the court awards attorney fees after a successful challenge.
Attorney Fees — Who Pays and When
Georgia probate attorney fees come from the estate. The attorney represents the executor in their capacity as administrator of the estate — not the beneficiaries personally. Fees are typically billed monthly as work is performed throughout the 9 to 18 month process.
Georgia has no statutory fee schedule for probate attorneys. The standard range is 3 to 7 percent of the gross estate value, billed hourly at $350 to $500 per hour. The executor hires the attorney, negotiates the fee arrangement, and authorizes payment from estate funds.
The executor does not pay attorney fees personally unless they choose to do so voluntarily or unless a court finds they acted in bad faith in hiring counsel. A family member serving as executor who hires an attorney does not absorb that cost — the estate does.
Executor Commission — Who Pays and Can It Be Waived
Under O.C.G.A. § 53-6-60, the executor is entitled to compensation from the estate: 5 percent of all liquid assets received and paid out, 3 percent of corpus, and 10 percent of income earned by the estate during administration. On a $400,000 liquid estate, the maximum commission is $20,000.
The estate pays this commission — it does not come from the executor’s own pocket. The executor effectively receives it as income for their work administering the estate.
The commission can be waived. A family member serving as executor who is also a beneficiary often waives the commission. The reason: executor compensation is taxable income, while an inheritance is not. Waiving a $20,000 commission and receiving the same amount as part of the inheritance avoids income tax on that $20,000. This is one of the most straightforward ways to reduce total probate costs.
The waiver must be documented — either in the will or in a signed waiver filed with the court before the commission is paid.
Court and Appraisal Costs — Who Pays First
Court filing fees ($400 to $1,200 depending on county) are due at the time of filing — before the estate has been opened or any assets have been accessed. In practice, the executor advances this cost personally and is reimbursed from estate funds once the account is established.
Appraisal fees follow the same pattern. Real estate, business interests, and non-liquid assets require certified appraisals before they can be inventoried or transferred. Appraisers charge $400 to $800 for residential property, more for commercial. These fees are paid from estate funds — but the executor often advances them and seeks reimbursement.
Bond premiums, where required, work differently: the executor purchases the bond personally (typically 0.5 to 1 percent of estate value per year), then seeks reimbursement from the estate as an administrative expense.
What Happens When the Estate Has No Cash
Many estates consist primarily of real estate, business interests, or personal property — not liquid cash. When there is no cash to pay probate costs, the executor has two options:
- Advance costs personally and seek reimbursement from the first asset sale or from estate funds once established. This is the most common approach when costs are modest and the executor has the liquidity.
- Sell assets early to generate cash for administrative expenses. The executor can petition the court for authorization to sell personal property or, in some cases, real property to fund the estate’s administration costs.
If the estate is genuinely insolvent — debts and probate costs exceed the total asset value — Georgia law sets a priority order for payment. Administrative expenses (attorney fees, executor commission, court costs) are paid first, before creditors, and distributions to heirs only happen if anything remains after all obligations are satisfied. See What Happens During Probate in Georgia for the full creditor priority sequence.
Can Heirs Be Held Personally Liable for Probate Costs
In almost all cases, no. Heirs are not personally responsible for the deceased’s debts or probate costs. If the estate cannot cover its costs and debts, heirs simply receive nothing — or less than expected. They do not owe the difference from their own funds.
There are narrow exceptions. If an heir received assets from the estate before all administrative costs and creditor claims were satisfied — either through a premature distribution or through assets that transferred outside probate — creditors may have a claim against those distributions in some circumstances. Georgia courts rarely reach this outcome, but it is the reason executors are advised not to make any distributions until all estate debts and administrative expenses are fully paid.
For a complete picture of how to avoid putting your family through this process at all, see Revocable Living Trust — the planning tool that transfers assets to beneficiaries without any court involvement, attorney fees, or executor commission.
