Probate in Georgia: A Complete Guide

Georgia probate has one feature that sets it apart from almost every other state: the "year's support" petition, which lets a surviving spouse and minor children claim estate assets ahead of most creditors. Combined with Georgia's two forms of probate and its county-by-county court system, understanding these tools can save real time and money.

Does Georgia Require Probate?

Probate is required for assets solely owned by the deceased without a beneficiary designation. Assets in joint tenancy, payable-on-death accounts, named-beneficiary accounts (retirement, insurance), and revocable living trusts all pass outside of probate. Georgia has a dedicated Probate Court in every one of its 159 counties.

Georgia's Year's Support: A Unique and Powerful Tool

Georgia law (O.C.G.A. § 53-3-1 et seq.) allows the surviving spouse and minor children to petition the Probate Court to set aside a "year's support" from the estate — property intended to support the family for the 12 months following the death. Key features:

• Can encompass virtually all of a smaller estate's assets
• Takes priority over most creditor claims, except secured debts and certain administrative expenses
• The petition must be filed within 24 months of the date of death
• Creditors can object, and the court determines the appropriate amount

For families with a surviving spouse and a relatively modest estate, year's support can effectively substitute for formal probate.

Types of Probate in Georgia

• Common Form Probate: The most common type. The executor (or another interested party) files the will and pays the filing fee, and the court admits the will without requiring all interested parties to be present. Faster and less expensive — but beneficiaries can challenge the will for up to 4 years afterward.
• Solemn Form Probate: All interested parties are formally served, and the will is admitted with full notice. More time-consuming upfront, but once admitted under solemn form, later challenges are very limited. Better suited to estates where disputes are likely.

Which Court Handles Probate in Georgia?

Georgia has a dedicated Probate Court in every one of its 159 counties — one of the few states with true county-level probate courts. Filing fees for Letters Testamentary typically range from $50 to $200.

How Long Does Georgia Probate Take?

Common form probate typically takes 6–12 months for uncontested estates. The creditor notice period runs 3 months from the date of first publication — shorter than many states, which helps speed things along. Solemn form probate can take significantly longer if contested.

Bond Requirements

A bond is generally required unless waived by the will or all beneficiaries consent. The Probate Court sets the bond amount.

Community Property vs. Common Law: Georgia

Georgia is a common law (equitable distribution) state, not a community property state. Property belongs to whoever holds title; there's no automatic co-ownership of assets acquired during marriage.

What Happens Without a Will in Georgia?

Under O.C.G.A. § 53-2-1:

• Spouse and children survive: They share the estate equally — but the spouse's share is never less than one-third, regardless of how many children there are.
• No children: The spouse inherits everything.
• No spouse: Children inherit equally, with a deceased child's descendants taking that child's share per stirpes.
• No spouse or children: Parents, then siblings, inherit.