Free Georgia Petition for Probate

How to open probate in Georgia: petition the Probate Court of the county of the decedent's domicile and request Letters Testamentary or Letters of Administration. O.C.G.A. § 53-5-20 et seq..

Progress0%

Step 1 of 4

You & the Will

Georgia provides an official fillable petition; we complete it for you.

Opening probate?The whole estate, start to finish.

State Where the Estate Will Be Probated*

The state where the decedent was domiciled. Only states where a self-represented filer can prepare this document are listed.

Did the decedent leave a will?*

Yes — there is a will (request Letters Testamentary)No — there is no will (request Letters of Administration)

Your First Name*

Middle Name

Your Last Name*

Your Relationship to the Decedent*

How you are related to the person who died. Being named executor in the will is asked separately.

Your Street Address*

City*

ZIP Code*

FREE & PRIVATE: This form is free—no account or credit card required. Your document contents and generated PDF never leave your browser—SimplyTrust does not transmit or store them. Contact details you provide (name, email, phone, state) are transmitted only to send the updates you agree to receive at download. You are responsible for saving your completed document.

SELF-HELP SERVICE: SimplyTrust provides a self-help document preparation service. We are not a law firm and cannot provide legal advice, select forms for you, or tell you how to complete forms. Our role is limited to providing a platform where you input your own information into document templates.

NOT LEGAL ADVICE:This document was created entirely based on your selections. SimplyTrust does not review, analyze, or verify your entries, nor do we verify your identity, capacity, or authority to act. You are solely responsible for determining whether this document meets your needs and for completing all required execution formalities (signatures, witnesses, notarization, or recording) in accordance with your state's laws. For any legal questions, consult a licensed attorney in your state.

Frequently Asked Questions About Georgia Probate Petitions

In Georgia, you file a petition with Probate Court of the county of the decedent's domicile to open probate. Probate court issues Letters Testamentary (with a will) or Letters of Administration (no will) once the court grants the appointment. See how appointment works in Georgia.

You cannot fill out Letters — they are issued by the court. The document you prepare and file is the petition (or application) for probate and for Letters. This tool prepares that petition for Georgia.

Yes. Georgia publishes a statewide fillable form, which this tool completes for you. After downloading, review and sign it, then file it with Probate Court of the county of the decedent's domicile.

Georgia requires a bond by default before Letters issue, unless the will waives it or the beneficiaries waive it in writing. O.C.G.A. § 53-6-50(a) (PR of an intestate estate / temporary administrator must give bond), § 53-6-50(c) (relieved by unanimous consent of the heirs), § 53-7-1(b) (waiver of bond/reports on unanimous consent + published citation), § 53-6-53 (court may require bond of a PR serving without it)

Georgia offers probate e-filing. Probate courts are county-administered and are NOT on the statewide e-filing vendor chart, which lists only State Court and Superior Court. E-filing availability for probate is determined county-by-county (Fulton, for example, e-files initial estate petitions); many counties remain paper/in-person. Self-represented filers may file the standard forms.

Along with the petition, Georgia typically requires: Certified copy of the death certificate; Original will; Acknowledgments of service / consents of heirs or beneficiaries, sworn before a notary or probate clerk; Oath of personal representative; Bond on the intestate track, unless all heirs consent to waive it.

Opening Probate in Georgia

To settle an estate in Georgia, the court must first appoint a personal representative — an executor when there is a will, an administrator when there is none — and issue Letters. You apply by filing a petition with Probate Court of the county of the decedent's domicile; Probate court (clerk/judge), after the executor or administrator qualifies by taking the required oath issues Letters Testamentary or Letters of Administration once the court grants it.

Georgia publishes an official statewide petition form. This tool completes that form for you from a few questions about the decedent, the estate, and the heirs or beneficiaries. After downloading, you sign it and file it with the court in the county where the decedent lived.

You file the petition together with the supporting documents the court requires — typically a certified death certificate and, where there is a will, the original will. Georgia requires a bond before Letters issue unless it is waived by the will or by the beneficiaries. The court reviews the petition and, if it is in order, grants it and directs that Letters issue.

Is this your situation?

Get a complete guide for your specific circumstances.

Named as Executor

What an executor actually does: getting appointed, notifying creditors, paying debts and taxes, and where personal liability starts.

Learn more

Death of a Parent

A step-by-step guide to what happens after a parent dies: the documents to find, the certificates to order, and whether probate is even required.

Learn more

Loss of a Spouse

What a surviving spouse needs to do: death certificates, survivor benefits, whether probate is even required, and the tax election that expires.

Learn more

Georgia Estate Planning Resources

In-depth guides covering Georgia probate laws, trust requirements, and estate planning strategies.

Frequently Asked Questions About Georgia Probate Petitions

Yes. Georgia publishes a statewide fillable form, which this tool completes for you. After downloading, review and sign it, then file it with Probate Court of the county of the decedent's domicile.

Opening Probate in Georgia

Free Georgia Petition for Probate

You & the Will

Frequently Asked Questions About Georgia Probate Petitions