Understanding The Probate Process In Georgia: 8 Things You Need To Know

What is Probate?

Probate in Georgia is the legal process of managing a deceased person’s estate, ensuring that debts are paid and assets are distributed according to the will or Georgia’s intestacy laws if no will exists.

Where is Probate Handled in Georgia?

Probate in Georgia is handled by the Probate Court in the county where the deceased resided at the time of death. Each of Georgia’s 159 counties has its own Probate Court that oversees probate matters.

Key Steps in the Probate Process in Georgia

1. File the Will: The executor must file the will with the Probate Court. If there is no will, a family member or another interested party must apply to be appointed as the estate’s personal representative.
2. Inventory and Appraise the Estate: The personal representative must inventory the deceased’s assets, including real estate, financial accounts, and personal belongings, and report the value to the court.
3. Notify Creditors: Known creditors must be notified, and a public notice must be published to inform any unknown creditors. Creditors generally have three months to file claims.
4. Pay Debts and Taxes: The estate must settle all debts and pay any applicable taxes, including federal estate taxes if required.
5. Distribute Assets: After debts and taxes are paid, the remaining assets are distributed according to the will or, if no will exists, under Georgia’s intestacy laws.

When Is Probate Required in Georgia?

In Georgia, probate is required when the deceased owned assets solely in their name without a joint owner or beneficiary designation. Probate ensures these assets are legally transferred to heirs or beneficiaries.

Types of Probate in Georgia

1. No Administration Necessary: A simplified process available when all heirs agree on how to divide the assets and there are no debts.
2. Solemn Form Probate: A formal probate process that requires notice to all heirs and beneficiaries, and allows challenges to the will.
3. Common Form Probate: A simplified, faster probate process that does not require notice to heirs and beneficiaries and is typically used when no disputes are expected.

Avoiding Probate in Georgia

Certain assets can avoid probate in Georgia, such as jointly owned property, payable-on-death accounts, life insurance policies with named beneficiaries, and assets placed in a living trust.

How Long Does Probate Take in Georgia?

The probate process in Georgia typically takes six to nine months for uncontested estates. Formal probate or estates with complications may take longer, up to a year or more.

Common Terms in the Probate Process in Georgia

• Heir: A person entitled to inherit under Georgia’s intestacy laws when no valid will exists.
• Intestate: Dying without a valid will.
• Letters of Administration: A court-issued document authorizing a personal representative to manage an estate without a will.
• Personal Representative: The person responsible for administering the estate, also known as the executor or administrator.
• Solemn Form: A formal probate process requiring notification to heirs and beneficiaries.