When Is Probate Required in Georgia?
In Georgia, estates with personal property of $15,000O.C.G.A. § 7-1-239Verified Sep 8, 2026View source or less skip probate with the Bank Deposit AffidavitO.C.G.A. § 7-1-239Verified Sep 8, 2026View source.
Georgia allows estates with personal property of $15,000O.C.G.A. § 7-1-239Verified Sep 8, 2026View source or less to use the Bank Deposit AffidavitO.C.G.A. § 7-1-239Verified Sep 8, 2026View source, which avoids full probate administration. The Bank Deposit Affidavit is presented directly to the bank, employer, or other holder of the property — it is not filed with a court. There is no statutory waiting period.
Real property is outside this procedure in Georgia — it reaches personal property only, and real estate transfers separately. Real estate held in a trust, or otherwise titled to pass outside the probate estate, transfers without probate. A transfer-on-death deed recorded before death also passes real estate outside probateO.C.G.A. 44-17-1 to 44-17-7Verified Oct 17, 2026 in Georgia. The Georgia trust vs. will comparison sets the two routes side by side.
In Georgia, the assets that pass outside probate are property held in a living trust, accounts with a named beneficiary (retirement accounts, life insurance, payable-on-death bank accounts), real estate with a recorded transfer-on-death deedO.C.G.A. 44-17-1 to 44-17-7Verified Oct 17, 2026, and property owned jointly with right of survivorship. Everything the decedent owned alone, with no beneficiary named, is the probate estate.
In Georgia, a simple estate typically takes 6 months to 9 months through probate, and an average estate 9 months to 12 months. An estate with a dispute, real estate in another state or an unusual asset runs longer. The creditor claim period of 3 monthsO.C.G.A. § 53-7-41(d) ("within three months from the date of publication of the personal representative's last notice") (Verified 2026-09-08 against GA Code § 53-7-41 (2025))Verified Sep 8, 2026View source sets the floor: final distribution waits for it to run.
The common ways to avoid probate in Georgia are a funded revocable living trust, beneficiary designations on accounts, recording a transfer-on-death deed for real estateO.C.G.A. 44-17-1 to 44-17-7Verified Oct 17, 2026, and titling property as joint tenants with right of survivorship. A trust covers every asset titled to it in one document; the other routes work asset by asset.
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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.
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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.
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Named as Executor
What an executor actually does: getting appointed, notifying creditors, paying debts and taxes, and where personal liability starts.
Learn moreForms for Settling an Estate in Georgia
Free forms for settling an estate in Georgia: the probate petition, small estate affidavit, notice to creditors, inventory, and closing forms.
Digital Assets Recovery Letter
Prepare a letter requesting a deceased person's online accounts, points, and balances from the program that holds them.
Petition for Probate and Letters
In Georgia, the petition asks the Probate Court of the county of the decedent's domicile to appoint the personal representative, whose authority is proved by Letters Testamentary or Letters of Administration; every appointment goes through the courtO.C.G.A. § 53-5-15 ("Probate of a will may be in common form or in solemn form or both") — both are proceedings in the probate court; no registrar/clerk appointment track (Verified 2026-09-08 against GA Code § 53-5-15 (2025))Verified Sep 8, 2026View source.
Notice to Creditors
In Georgia, the notice to creditors is published for 4O.C.G.A. §§ 53-7-40, 53-7-41, 53-7-42, 53-7-43, 9-3-36Verified Oct 18, 2026View source weeks in a local newspaper, and creditors have 3 monthsO.C.G.A. § 53-7-41(d) ("within three months from the date of publication of the personal representative's last notice") (Verified 2026-09-08 against GA Code § 53-7-41 (2025))Verified Sep 8, 2026View source from the last publication to present claims.
Renunciation of Executor
In Georgia, a person named as executor may decline to serveO.C.G.A. § 53-6-12Verified Sep 23, 2026View source before anyone is appointed.
Affidavit of Heirship
In Georgia, heirs put their identity on the land records with a recorded affidavit of facts affecting title that states who the heirs areO.C.G.A. §§ 44-2-14(b), 44-2-20, 40-3-34(d)-(e), 53-2-20, 53-2-40Verified Sep 24, 2026View source.
Small Estate Affidavit
In Georgia, the Bank Deposit AffidavitO.C.G.A. § 7-1-239Verified Sep 8, 2026View source covers estates with personal property of $15,000O.C.G.A. § 7-1-239Verified Sep 8, 2026View source or less, presented directly to the bank or other holder, not filed with a court.
Estate Inventory
In Georgia, 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.
Estate Closing
In Georgia, the personal representative is discharged by court orderO.C.G.A. §§ 53-7-50(c), 53-7-53Verified Sep 15, 2026View source, and a final accounting is required unless it is waived.
Tools for Settling an Estate in Georgia
Free tools for settling an estate in Georgia: whether probate is needed, executor and trustee pay, creditor deadlines, and inheritance taxes.
How Many Death Certificates Do I Need?
In Georgia, 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; the first copy costs $25Georgia Department of Public Health - State Office of Vital RecordsVerified Oct 15, 2026View source, additional copies $5Georgia Department of Public Health - State Office of Vital RecordsVerified Oct 15, 2026View source each.
Do I Have to File Tax Returns for Someone Who Died?
Georgia requires a final state income tax return for the decedent alongside the federal Form 1040O.C.G.A. §§ 48-7-20(a.1), 48-7-27(a)(1)(B); HB 463 (2026)Verified Sep 20, 2026View source; a federal estate tax return (Form 706) is required only for estates above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
How Do I Settle an Estate?
Settling an estate in Georgia: 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; creditors have 3 monthsO.C.G.A. §§ 53-7-40, 53-7-41, 53-7-42, 53-7-43, 9-3-36Verified Oct 18, 2026View source to present claims; a simple estate closes in 6 months to 9 months.
What Do I Do When Someone Dies?
After a death in Georgia, the estate either qualifies for the simplified procedure for estates under $15,000O.C.G.A. § 7-1-239Verified Sep 8, 2026View source or goes through probate, where creditors have 3 monthsO.C.G.A. § 53-7-41(d) ("within three months from the date of publication of the personal representative's last notice") (Verified 2026-09-08 against GA Code § 53-7-41 (2025))Verified Sep 8, 2026View source to file claims after notice.
How Much Are Estate & Inheritance Taxes?
Georgia levies no estate or inheritance taxNo state estate or inheritance tax. Georgia's estate tax was outright eliminated (not merely a $0 federal-credit pickup): O.C.G.A. § 48-12-1(a) — "On and after July 1, 2014, there shall be no estate taxes levied by the state and no estate tax returns shall be required by the state." Georgia imposes no inheritance tax and requires no estate-tax waiver.Verified Sep 15, 2026View source; only the federal estate tax applies above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
What Taxes Apply to My Inheritance?
Georgia imposes no inheritance or estate taxNo state estate or inheritance tax. Georgia's estate tax was outright eliminated (not merely a $0 federal-credit pickup): O.C.G.A. § 48-12-1(a) — "On and after July 1, 2014, there shall be no estate taxes levied by the state and no estate tax returns shall be required by the state." Georgia imposes no inheritance tax and requires no estate-tax waiver.Verified Sep 15, 2026View source; probate assets arrive when the estate closes, 6 months to 9 months for a simple estate.
How Does Step-Up in Basis Work?
Inherited assets in Georgia take a basis reset to fair market value on the date of death26 USC § 1014Verified Sep 15, 2026View source, and the gain on a later sale faces 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.
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Georgia Estate Settlement Resources
In-depth guides covering Georgia probate, estate administration, and settling an estate.