When someone dies leaving assets that require probate in Georgia, their estate goes through a supervised court process before anything can be distributed to heirs. Understanding each step helps families know what to expect — and why most people want to avoid it.
Step 1: Locate the Will and Identify the Executor
The first task is locating the original will and identifying the person named as executor (called a “personal representative” in some states). In Georgia, the executor is the person responsible for managing the probate process from start to finish.
If there is no will, the court will appoint an administrator — typically the closest surviving heir who petitions for the role.
Step 2: File a Petition with the Probate Court
The executor files a petition to open the estate with the Probate Court in the Georgia county where the deceased lived. The petition includes the original will (if one exists), a death certificate, and basic information about the estate.
The court issues “Letters Testamentary” (or “Letters of Administration” if there is no will) — the official document that gives the executor legal authority to act on behalf of the estate. Without this document, banks, title companies, and other institutions will not allow the executor to access assets.
Step 3: Notify Heirs, Beneficiaries, and Creditors
Georgia law requires the executor to notify all heirs named in the will (and legal heirs who would inherit under intestate law) and to publish a notice to creditors in the local newspaper. Creditors have four months from the date of notice to file claims against the estate.
This four-month window is mandatory and cannot be shortened. It is one of the primary reasons probate takes so long.
Step 4: Inventory and Appraise Estate Assets
The executor locates, identifies, and values all estate assets. This inventory is filed with the probate court. For real estate, formal appraisals may be required. Business interests, valuable personal property, and collectibles may also need professional appraisal.
Step 5: Manage Estate Assets During Probate
While the estate is open, the executor is responsible for managing and maintaining estate assets. This includes:
- Paying ongoing bills (mortgage, property taxes, insurance)
- Maintaining real estate
- Managing investment accounts
- Filing and paying any estate income taxes
The executor has a fiduciary duty to the beneficiaries — they must act in the estate’s best interest, not their own.
Step 6: Pay Valid Debts and Claims
After the creditor notice period expires, the executor reviews all claims and pays those that are valid. Georgia law establishes a priority order for paying debts — estate administration expenses come first, then funeral costs, then taxes, then other creditors.
If the estate does not have enough assets to pay all debts, some beneficiaries may receive nothing.
Step 7: File Estate Tax Returns (If Required)
Most Georgia estates are not subject to federal estate tax (the exemption is over $13 million in 2026). Georgia does not have a separate state estate tax. However, the estate may need to file a final income tax return for the deceased and an estate income tax return if the estate earned income during administration.
Step 8: Distribute Assets to Beneficiaries
After debts, taxes, and administration costs are paid, the executor distributes the remaining assets to beneficiaries according to the will — or according to Georgia intestate succession law if there was no will.
Real estate transfers require new deeds. Personal property may be physically distributed. Cash is distributed from the estate account.
Step 9: File a Final Accounting and Close the Estate
The executor files a final accounting with the court documenting all income received, expenses paid, and distributions made. Once the court approves the accounting, the estate is formally closed.
Total Timeline
A straightforward Georgia probate with a valid will, cooperative heirs, and modest assets typically takes 9 to 18 months. Complications — contested wills, real estate in multiple states, business interests, or creditor disputes — can add years.
A revocable living trust eliminates this entire process. Trust administration happens privately, without court supervision, and typically concludes within a few weeks to a few months. If you want to spare your family from probate, The Hive Law can help you build a plan that avoids it entirely.