Georgia Probate Court

Probate is the legal process of administering a deceased person's estate. It can include settling any unpaid debts and distributing the remaining assets to the deceased’s family. In Georgia, every county has its Probate Courtled byan elected judge. Understanding how probate works in Georgia starts with knowing the costs involved, the different case types, county-level operations, and how to access probate records.

How the Probate Process Works in Georgia

The process starts at the Probate Court by filing a petition. While this is typically in the county where the decedent resided, it can be filed in any county where the decedent owned property. If the decedent had a will, the court will accept the will as valid and will appoint the executor according to the decedent's wishes. If the decedent had no will, the court will appoint an administrator, who will be responsible for distributing the property to heirs in accordance with Georgia's intestacy statutes.

Generally, Georgia has solemn form probate and common form probate. A solemn form probate, once completed, is a final order binding on all heirs. A common form probate can be challenged for four years after the probate court processes the petition. The time to complete a probate can be short or long. An uncontested estate may be completed usually in six months to one year, but a contested estate may take a lot longer than that.

What Are the Costs of Probate in Georgia?

The charge for probate in Georgia is determined by filing fees, attorney's fees, publication fees for notices, and administrator compensation. Depending on the county, the filing fee can be between $150 and $250. Most attorneys bill hourly, while others charge flat rates.

Executors and administrators are entitled to reasonable compensation. This is calculated as a percentage of the estate's value. Interested persons should expect to spend a few hundred dollars for simple estates, while larger or contested cases may cost thousands.

Types of Probate Cases in Georgia

Georgia recognizes several probate options, including these:

• Testate Probate: Testate probate is used when there is a valid will.
• Intestate Probate: Intestate probate is used when there is no will. The court distributes property per the state's intestacy statutes.
• Common Form Probate: This process is used for uncontested estates. However, the outcome of this process can be challenged within four years.
• Solemn Form Probate: A formal procedure that is final and binding once approved.
• Year’s Support Petitions: This probate process is unique to Georgia. It allows a surviving spouse or minor child to claim estate property outside probate.
• Small Estate Affidavit: This process is used when estate assets are minimal, permitting transfer without formal probate.

Georgia Probate Court Forms and Filing Instructions

Probate Court forms in Georgia can be accessed remotely on theCouncil of Probate Court Judges of Georgia's website. You can also obtain forms in person at local county court offices. Interested parties should check with their county office to confirm probate requirements before filing.

How Georgia Probate Courts Work at the County Level

In Georgia, each of the 159 counties has its Probate Court that oversees all probate matters within the county. Below are the probate courts in the 10 counties by population:

1. Fulton County Probate Court (Atlanta) – Handles the largest probate caseload in the state.
2. Gwinnett County Probate Court (Lawrenceville) – Offer online access to probate cases.
3. Cobb County Probate Court (Marietta) – Has an efficient scheduling system for probate hearings.
4. DeKalb County Probate Court (Decatur) – Provides detailed probate guides for petitioners.
5. Clayton County Probate Court (Jonesboro) – Clayton County offers different probate resources for small estates.
6. Chatham County Probate Court (Savannah) – Chatham County Probate Court maintains an archive of historic estate matters.
7. Cherokee County Probate Court (Canton) – This court offers practical guidance on how to file informal probate applications.
8. Henry County Probate Court (McDonough) – Henry County Probate Court has an efficient recordkeeping system that allows the public to track cases.
9. Forsyth County Probate Court (Cumming) – Forsyth County Probate Court provides free guidance for self-represented litigants.
10. Richmond County Probate Court (Augusta) – Richmond County Probate Court provides various probate and guardianship services, including years support petitions.

How to Search Probate Records in Georgia

Georgia probate records are available to the public for viewing and inspection. Those interested can access probate records using theGeorgia Probate Court Record System or specific county websites. To get certified copies of these records, you need to go to the office of the probate court clerk in your county. This service attracts a small fee.