How does probate work in Georgia?

1. Governing Code. Georgia Revised Probate Code of 1998, O.C.G.A. Title 53. Georgia has not adopted the UPC.

2. Court. Probate Court in the county of the decedent's domicile (O.C.G.A. § 15-9-30).

3. Petition to Open. Petition to Probate Will in Solemn Form or Common Form filed by the named executor under O.C.G.A. § 53-5-1. Solemn Form (with notice) is binding; Common Form (without notice) is subject to challenge for 4 years.

4. Letters Testamentary / Letters of Administration. Issued under O.C.G.A. § 53-6-1 after the will is admitted or, if intestate, after Petition for Letters of Administration under O.C.G.A. § 53-6-20.

5. Notice to Creditors. Publication for 4 weeks in the county legal organ under O.C.G.A. § 53-7-41. Creditors must present claims within 3 months of the last publication (O.C.G.A. § 53-7-41).

6. Inventory. Annual returns and inventory required under O.C.G.A. § 53-7-30 unless waived in the will or by all heirs.

7. Independent / Informal Administration. Georgia recognizes "administration with no bond, no inventory, no returns" under O.C.G.A. § 53-12-261 when the will so directs or all heirs consent - functionally equivalent to independent administration.

8. Summary / Small-Estate Procedure. O.C.G.A. § 53-2-40 No Administration Necessary applies when there is no will, no debts other than those secured by property, and all heirs agree on division. There is no fixed dollar cap. Year's Support under O.C.G.A. § 53-3-1 also bypasses probate for surviving spouse/minor children.

9. Closing. Petition for Discharge under O.C.G.A. § 53-7-50 after final settlement with the heirs and beneficiaries.

10. Probate Avoidance. Revocable living trust, joint tenancy with right of survivorship (must use statutory language), POD/TOD accounts, beneficiary designations. Georgia does not have a TOD deed for real estate.

This is legal information, not legal advice.