How Do I File Taxes for a Deceased Person in Georgia?
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.
At minimum, a final federal income tax return (Form 1040) for income earned through the date of death, and Georgia requires a final state income tax returnO.C.G.A. §§ 48-7-20(a.1), 48-7-27(a)(1)(B); HB 463 (2026)Verified Sep 20, 2026View source (Form 500O.C.G.A. §§ 48-7-20(d) (fiduciary rate), 48-7-50 (persons required to file), 48-7-56 (time for filing returns), 48-7-57(d) (approved federal extension accepted), 48-7-114 (fiduciary estimated tax); § 48-12-1 (estate tax eliminated); HB 463 (2026)Verified Sep 10, 2026View source) as well. If the estate earns income during administration, a federal fiduciary return (Form 1041) and a Georgia fiduciary return (Form 501O.C.G.A. §§ 48-7-20(d) (fiduciary rate), 48-7-50 (persons required to file), 48-7-56 (time for filing returns), 48-7-57(d) (approved federal extension accepted), 48-7-114 (fiduciary estimated tax); § 48-12-1 (estate tax eliminated); HB 463 (2026)Verified Sep 10, 2026View source) may also be required.
The final federal income tax return is due April 15 following year of death26 USC 6012(b)(1)Verified Sep 15, 2026. The final Georgia return is due April 15 following year of deathO.C.G.A. §§ 48-7-20(d) (fiduciary rate), 48-7-50 (persons required to file), 48-7-56 (time for filing returns), 48-7-57(d) (approved federal extension accepted), 48-7-114 (fiduciary estimated tax); § 48-12-1 (estate tax eliminated); HB 463 (2026)Verified Sep 10, 2026View source. The Georgia fiduciary return is due April 15 for a calendar-year estate or trust, or the 15th day of the fourth month after the close of a fiscal yearO.C.G.A. §§ 48-7-20(d) (fiduciary rate), 48-7-50 (persons required to file), 48-7-56 (time for filing returns), 48-7-57(d) (approved federal extension accepted), 48-7-114 (fiduciary estimated tax); § 48-12-1 (estate tax eliminated); HB 463 (2026)Verified Sep 10, 2026View source.
No tax clearance or estate-tax waiver is required before distributing a Georgia estate. An optional Tax Clearance Letter (checking for balances and delinquent periods across all accounts) can be requested for any tax type, including individuals, through the Georgia Tax CenterO.C.G.A. §§ 48-7-20(d) (fiduciary rate), 48-7-50 (persons required to file), 48-7-56 (time for filing returns), 48-7-57(d) (approved federal extension accepted), 48-7-114 (fiduciary estimated tax); § 48-12-1 (estate tax eliminated); HB 463 (2026)Verified Sep 10, 2026View source. Every tax obligation is still settled before the final distribution.
No. Georgia imposes no state estate tax and no 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. The tax filings after a death are the income tax returns (the final return and, where the estate earns income, the estate income tax return). Only the federal estate tax applies, and only to an estate above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
Yes. Estate size does not change the final income tax return: a final Form 1040 is filed whatever the estate is worth if the decedent had income. What a smaller estate avoids is the federal estate tax return (Form 706), due 9 months after date of death (6-month extension available)26 USC 6018; 26 USC 6075(a)Verified Sep 15, 2026 and required only above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
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Named as Trustee
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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 Need Probate?
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.
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.
Hire a Georgia Probate Attorney
Browse 102 probate firms in Georgia with addresses, contact info, and practice details.
Georgia Estate Settlement Resources
In-depth guides covering Georgia probate, estate administration, and settling an estate.
