Probate in Georgia
Georgia probate is administered by the Probate Court in the county where the deceased resided. Estates with assets in the deceased's name alone generally require probate to transfer title. Georgia's probate process is relatively streamlined compared to states like California — formal administration is available, but the courts move efficiently in most cases.
Georgia probate typically takes 6–12 months for uncontested estates. Executors (called "administrators" when appointed by the court) are entitled to reasonable compensation.
Simplified estate procedures
Georgia offers a "year's support" process that allows a surviving spouse (and minor children) to claim a portion of the estate for their support, bypassing some probate requirements. This claim takes priority over most creditors and can be a fast way to secure the family home and key assets.
For small estates with no real property and a gross value under $10,000, heirs may use a simplified affidavit procedure. Estates with solely personal property may qualify for no-administration proceedings in some circumstances.
Death certificates
Georgia death certificates are issued by the Georgia Department of Public Health (DPH) and county vital records offices. The cost is $25 per certified copy. Order online through the DPH portal or VitalChek, or in person at the county registrar's office.
The funeral home files the initial death certificate and can assist with ordering certified copies. Request at least 10–12 copies when filing — financial institutions, insurance companies, and government agencies each require original certified copies and will not accept photocopies.
Estate and inheritance tax
- State estate tax: Georgia has no state estate tax and no inheritance tax.
The federal estate tax applies only to estates above $13.61 million (2024 threshold).
Notable rules
- Year's support: Georgia's year's support claim allows a surviving spouse and minor children to claim a portion of the estate — including the family home — before creditors. It's one of the strongest spousal protections in any state.
- Creditor claim period: 3 months from the date of publication of notice to creditors.
- No statutory executor fee: Georgia does not set executor fees by statute; courts apply a "reasonable compensation" standard.
- Transfer on death deed: Georgia does not currently authorize transfer on death deeds for real property; real estate typically must go through probate unless titled in a trust or with joint ownership.
Key contacts
- Georgia Department of Public Health (vital records): dph.georgia.gov
- Georgia Probate Courts: georgiacourts.gov
- State Bar of Georgia lawyer referral: gabar.org