Georgia Inheritance: Plan an Estate or Settle One

Georgia has not adopted the Uniform Probate Code, has not enacted the Uniform Trust CodeO.C.G.A. § 53-12-1 et seq.Verified Oct 17, 2026View source, and has adopted the Uniform Power of Attorney ActO.C.G.A. §§ 10-6B-1 through 10-6B-81Verified Sep 18, 2026View source.

Probate of a simple estate in Georgia runs 6 months to 9 months; an average estate takes 9 months to 12 months. The court filing fee is $175O.C.G.A. § 15-9-60(e)(1) (2024 Ga. L. Act 515 / SB 232, eff. 1/1/2025)Verified Sep 8, 2026View source; attorney fees are reasonable compensationO.C.G.A. § 53-7-6(4) (PR authorized "to provide competent legal counsel for the estate...either the personal representative or the attorney employed may, by petition to the probate court...obtain a judgment fixing the attorney's fees and expenses"; no statutory percentage) (Verified 2026-09-08 against GA Code § 53-7-6 (2025))Verified Sep 8, 2026View source. On a $500,000 estate the estimated total comes to $38,748O.C.G.A. § 53-7-6(4) (PR authorized "to provide competent legal counsel for the estate...either the personal representative or the attorney employed may, by petition to the probate court...obtain a judgment fixing the attorney's fees and expenses"; no statutory percentage) (Verified 2026-09-08 against GA Code § 53-7-6 (2025))Verified Sep 8, 2026View source. The personal representative must post a bondO.C.G.A. § 53-6-50(a),(c) ("any person who seeks to qualify to serve as the personal representative of an intestate estate or as a temporary administrator shall be required to give bond"; such a PR "may be relieved from the requirement for giving bond by the unanimous consent of the heirs of the estate") (Verified 2026-09-08 against GA Code § 53-6-50 (2025)); § 53-6-53 (PR qualified to serve without bond may still be ordered to give bond on a showing of mismanagement) (Verified 2026-07-14)Verified Sep 8, 2026View source, which the will may waiveO.C.G.A. § 53-6-50(a),(c) ("any person who seeks to qualify to serve as the personal representative of an intestate estate or as a temporary administrator shall be required to give bond"; such a PR "may be relieved from the requirement for giving bond by the unanimous consent of the heirs of the estate") (Verified 2026-09-08 against GA Code § 53-6-50 (2025)); § 53-6-53 (PR qualified to serve without bond may still be ordered to give bond on a showing of mismanagement) (Verified 2026-07-14)Verified Sep 8, 2026View source.

Certified death certificates come from the Georgia Department of Public Health - State Office of Vital RecordsGeorgia Department of Public Health - State Office of Vital RecordsVerified Oct 15, 2026View source at $25Georgia Department of Public Health - State Office of Vital RecordsVerified Oct 15, 2026View source a copy, $5Georgia Department of Public Health - State Office of Vital RecordsVerified Oct 15, 2026View source for each additional copy ordered with it. Processing time: 8-10 weeks for mail-in requestsGeorgia Department of Public Health - State Office of Vital RecordsVerified Oct 15, 2026View source. Once appointed, the personal representative files the estate inventory within 180 daysO.C.G.A. §§ 53-7-30, 53-7-31, 53-7-32, 53-7-33Verified Sep 15, 2026View source of appointment and publishes the notice to creditors for 4O.C.G.A. §§ 53-7-40, 53-7-41, 53-7-42, 53-7-43, 9-3-36Verified Oct 18, 2026View source consecutive weeks.

Georgia has no elective shareO.C.G.A. § 53-3-1 et seq. (Year's Support; Georgia has no elective share)Verified Sep 15, 2026View source for a spouse left out of the will. Property left to a minor under the Uniform Transfers to Minors Act is released at 21 yearsO.C.G.A. §§ 44-5-114 through 44-5-117, 44-5-130Verified Sep 15, 2026View source of age. Georgia taxes incomeO.C.G.A. §§ 48-7-20(a.1), 48-7-27(a)(1)(B); HB 463 (2026)Verified Sep 20, 2026View source at a flat 4.99%O.C.G.A. §§ 48-7-20(a.1), 48-7-27(a)(1)(B); HB 463 (2026)Verified Sep 20, 2026View source. An heir's capital gains on inherited assets: ordinary income tax at the state's regular ratesO.C.G.A. § 48-7-20 as amended by HB 463 (2026, AS PASSED) — flat rate 4.99% for taxable years beginning on or after Jan. 1, 2026Verified Sep 15, 2026View source.