How Do I Get Appointed as Executor in Georgia?
In Georgia, the Probate Court of the county of the decedent's domicile appoints the personal representative and the Probate court issues 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.
Georgia uses Petition to Probate Will in Solemn Form (GPCSF 5)O.C.G.A. § 53-5-20 et seq. (probate of will in solemn form / Letters Testamentary); § 53-6-20 et seq. (Letters of Administration); § 53-6-1 (eligibility), § 53-6-10 (nomination by testator), § 53-6-11 (qualification)Verified Aug 24, 2026View source, filed with the Probate Court of the county of the decedent's domicileO.C.G.A. § 53-5-20 et seq. (probate of will in solemn form / Letters Testamentary); § 53-6-20 et seq. (Letters of Administration); § 53-6-1 (eligibility), § 53-6-10 (nomination by testator), § 53-6-11 (qualification)Verified Aug 24, 2026View source. Probate court issues Letters Testamentary or Letters of Administration after the court grants the petition.
Along with the petition, Georgia generally requires: Original will (and any codicils), for testate estates (GPCSF 5/4); Acknowledgments of service / consents of heirs or beneficiaries, sworn before a notary or probate clerk (O.C.G.A. § 53-11-6); Oath of personal representative (GPCSF Supplement 4), administered by a probate judge or clerk (not a notary) — the oath is not part of the petition form itself (O.C.G.A. §§ 53-6-16, 53-6-24); Bond on the intestate track, unless all heirs consent to waive it (O.C.G.A. § 53-6-50(a), (c)); executors under a will are not within § 53-6-50 and give no bond by defaultO.C.G.A. § 53-5-20 et seq. (probate of will in solemn form / Letters Testamentary); § 53-6-20 et seq. (Letters of Administration); § 53-6-1 (eligibility), § 53-6-10 (nomination by testator), § 53-6-11 (qualification)Verified Aug 24, 2026View source.
Yes. Georgia requires a bond by default before Letters issueO.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) (the unanimous-consent-plus-published-citation procedure that § 53-6-50(c) incorporates by reference — on its own terms § 53-7-1(b) grants the § 53-12-261 powers, and GPCSF 3 instruction 3 is what extends it to waiver of bond, reports and statements), § 53-6-50(b), (e) (corporate-fiduciary and chose-in-action exemptions), § 53-6-53 (court may require bond of a PR serving without it)Verified Aug 24, 2026View source. A will can waive it. The beneficiaries can also waive it in writing.
Georgia permits a self-represented person to open an estateO.C.G.A. § 53-5-20 et seq. (probate of will in solemn form / Letters Testamentary); § 53-6-20 et seq. (Letters of Administration); § 53-6-1 (eligibility), § 53-6-10 (nomination by testator), § 53-6-11 (qualification)Verified Aug 24, 2026View source, using Petition to Probate Will in Solemn Form (GPCSF 5)O.C.G.A. § 53-5-20 et seq. (probate of will in solemn form / Letters Testamentary); § 53-6-20 et seq. (Letters of Administration); § 53-6-1 (eligibility), § 53-6-10 (nomination by testator), § 53-6-11 (qualification)Verified Aug 24, 2026View source. E-filing is open to self-represented filersO.C.G.A. § 53-5-20 et seq. (probate of will in solemn form / Letters Testamentary); § 53-6-20 et seq. (Letters of Administration); § 53-6-1 (eligibility), § 53-6-10 (nomination by testator), § 53-6-11 (qualification)Verified Aug 24, 2026View source. The Georgia self-file probate assessment sets self-filing against attorney costs.
Yes. A revocable living trust passes its assets to the beneficiaries without a court appointment in Georgia: no petition, no Letters, no bond. A revocable trust built with SimplyTrust takes about fifteen minutes.
Is this your situation?
Get a complete guide for your specific circumstances.
Forms 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.
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 Much Can an Executor Charge?
Georgia sets executor compensation by statute — about $25,000 on a $500,000 estate, roughly 5.0%O.C.G.A. § 53-6-60(b)(1)-(4) ("Two and one-half percent commission on all sums of money received by the personal representative on account of the estate...and 2 1/2 percent commission on all sums paid out"; "Ten percent commission on the amount of interest made"; up to 3% of appraised value for delivery of property in kind; up to 10% of annual income for working land) (Verified 2026-09-08 against GA Code § 53-6-60 (2025))Verified Sep 8, 2026View source.
Can I Self-File Probate?
In Georgia, informal probate is not availableO.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, so self-filing means a formal court petition rather than a registrar filing.
What Are the Creditor Claim Deadlines?
In Georgia, the 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 period after the last publication of the creditor notice protects a representative who distributes after it; late claims can still reach undistributed assets.
What Happens When an Estate Is Insolvent?
When an estate owes more than it holds, Georgia pays the claims in 7O.C.G.A. § 53-7-40Verified Sep 23, 2026View source classes in statutory order, beginning with year's support for the family.
How Do I Open an Estate Account When Someone Dies?
Compare estate-account opening requirements bank by bank: channels, required documents, and steps.
What Is the Estate's Personal Property Worth for Probate?
Estimate the fair market value of household items for probate and see how it affects fees.
How Much Does Probate Cost?
Probate on a $500,000 estate in Georgia costs an estimated $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. Attorney fees run 2.1%O.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 to 3.4%O.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 of the estate under a reasonable-compensation standard.
Hire a Georgia Probate Attorney
Browse 102 probate firms in Georgia with addresses, contact info, and practice details.
Your kids shouldn't have to do this.
Georgia Estate Settlement Resources
In-depth guides covering Georgia probate, estate administration, and settling an estate.