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 Sep 8, 2026View source to file claims after notice.
Certified copies 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 funeral home usually places the first order. The first certified copy costs $25Georgia Department of Public Health - State Office of Vital RecordsVerified Oct 15, 2026View source and each additional copy ordered with it $5Georgia Department of Public Health - State Office of Vital RecordsVerified Oct 15, 2026View source; standard processing takes 8-10 weeks for mail-in requestsGeorgia Department of Public Health - State Office of Vital RecordsVerified Oct 15, 2026View source. Banks, insurers, government agencies and retirement plans each want a certified copy, so the first order is for several. The Georgia death certificate guide carries the ordering details.
Georgia sets an order for who controls the disposition of remains: surviving spouse, then sole surviving adult child or the majority of surviving adult children, then surviving parent or parentsO.C.G.A. 31-21-7(b)Verified Oct 17, 2026View source. The state allows you to name your own agent in advanceO.C.G.A. 31-21-7(a), (b)(2)Verified Oct 17, 2026View source, and a written designation outranks the default order. The Georgia burial and cremation law guide carries the rest of the rules.
Only for what the decedent owned alone with no beneficiary named. Assets in a living trust, accounts with a named beneficiary and property owned jointly with right of survivorship pass outside probate. For the rest, 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.
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. The Georgia Letters Testamentary guide carries the documents, the bond and the self-filing rules.
A simple estate in Georgia typically settles in 6 months to 9 months, and an average estate in 9 months to 12 months. 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 Sep 8, 2026View source is the floor: final distribution waits for it to run. Assets in a living trust settle privately, without the court's timeline.
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Free forms for settling an estate in Georgia: probate petition, small estate affidavit, creditor notice and closing forms. Prepare each form for Georgia.
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Affidavit of Death
In Georgia, a surviving joint owner records the “Affidavit of proof of deathGa. Title Std. 7.2(b)Verified Oct 26, 2026View source”; a transfer on death deed beneficiary records the “Designated grantee beneficiary affidavitO.C.G.A. § 44-17-2(f)Verified Oct 26, 2026View source”, which the state makes a condition of the transferO.C.G.A. § 44-17-2(c)(1)Verified Oct 26, 2026View source.
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IRS Form 56
Notify the IRS that you are the fiduciary of an estate, a trust or a person, or end a notice filed before, on the official form.
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Digital Assets Recovery Letter
Prepare a letter requesting a deceased person's online accounts, points, and balances from the program that holds them.
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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 trackVerified Sep 8, 2026View source.
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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 Sep 8, 2026View source from the last publication to present claims.
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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.
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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.
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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.
Free tools for settling an estate in Georgia: whether probate is needed, executor and trustee pay, creditor deadlines and taxes. Run each tool for Georgia.
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.
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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.
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What Happens to Jointly Owned Property When an Owner Dies?
When a joint owner dies in Georgia, what the survivor records is the “Affidavit of proof of deathGa. Title Std. 7.2(b)Verified Oct 26, 2026View source”.
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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.
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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.
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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.
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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.
Contact close family members who need to know. Coordinate funeral arrangements and gather contact information for extended family and friends.
Confirm who has authority over final arrangements
State law sets the order of who has the legal right to decide burial, cremation, or other disposition. A written pre-need designation by the deceased, if one exists, controls. Confirm who holds this authority before arrangements are made.
Georgia: State law sets the order of who controls disposition of remains. Order: Health care agent named in an advance directive for health care; then Person designated on DD Form 93 (if decedent died while serving in the U.S. Armed Forces); then Person designated by decedent in a notarized affidavit; then others in statutory order. A written pre-need designation by the deceased, if one exists, controls over this order.
Arrange burial, cremation, or other disposition
Work with a funeral home, crematory, or other provider to arrange disposition of the body. State rules govern cremation waiting periods, required authorizations, and burial or disposition permits. The funeral home typically provides certified death certificates and files the death certificate with vital records.
Georgia: A burial or disposition permit is required, issued by the local registrar of the county where the death occurred or the body was found (O.C.G.A. 31-10-20). The death certificate must be filed within 3 days. The funeral director or person acting as such who first takes custody of the body files the certificate within 72 hours, and in any event within 10 days after the death (O.C.G.A. 31-10-15(a), (b)). Typical state costs: direct cremation ~$1,800, direct burial ~$3,200, traditional funeral ~$8,000.
Request 10-15 certified copies from the funeral home or state vital records office. You will need these for banks, insurance companies, government agencies, and other institutions. Each institution typically requires an original certified copy.
Georgia: Order from Georgia Department of Public Health - State Office of Vital Records. Fee: $25/copy ($5 additional). Available: online, online, online, mail, in-person. Processing: 8-10 weeks for mail-in requests.
Ensure mail is collected regularly to identify bills, accounts, and important correspondence. Forwarding mail to the executor/trustee is common practice.
Report the death to Social Security. The funeral home often does this, but verify it was done. Surviving spouse may be eligible for benefits.
Federal: Timing: Application for the lump-sum death payment: within 2 years of the date of death. Proof of support for a dependent parent's benefit: within 2 years of the worker's death. The funeral home reports the death.
Cancel Medicare coverage and return the Medicare card. If on Medicaid, notify the state agency to avoid benefit continuation.
Georgia: Medicare: Repayment of a Medicare Secondary Payer demand against the estate: within 60 calendar days of the demand; interest is assessed from the date the demand letter was mailed. Claim for services furnished before death: within 12 months of the date of service. If the deceased received Medicaid, Georgia's estate recovery program (Georgia Department of Community Health, State Medicaid Estate Recovery Program) may file a claim against the estate for benefits paid. Exemptions and hardship waivers are state-specific.
If the deceased was a veteran, notify the VA to stop benefits and inquire about burial benefits and survivor benefits.
Federal: Timing: DIC or death pension application, for an award effective from the month of death: within 1 year of the date of death; Payments start from the filing date instead of the first day of the month of death.. Claim for accrued benefits: within 1 year of the beneficiary's death. Claim for lump-sum accrued benefits withheld from a competent veteran during hospital, institutional or home care: within 5 years of the beneficiary's death. Request to be substituted into the veteran's pending claim or appeal: within 1 year of the date of death. Burial allowance claim for a death that was not service connected: within 2 years of the veteran's burial. Burial allowance claim where VA upgraded the discharge from dishonorable after death: within 2 years of the upgrade.
Contact life insurance companies to file claims. Also notify health, auto, and homeowner insurance to update or cancel policies.
Georgia: Divorce does not automatically revoke beneficiary designations — a former spouse named on a policy or account may still be the legal beneficiary.
Place a deceased alert or credit freeze with Equifax, Experian, and TransUnion to prevent identity theft. Over 2 million deceased identities are stolen annually.
Locate deeds, mortgage statements, property tax bills, and homeowner insurance policies for all real property. Check the county recorder for any recorded Transfer on Death deeds.
Georgia: Homestead exemption up to $21,500. Minor children also protected. Georgia allows Transfer on Death (TOD) deeds. Check the county recorder's office to see if a TOD deed was recorded -- if so, the property transfers outside probate.O.C.G.A. § 44-13-1Verified Sep 15, 2026View source
Whoever holds the original will hands it to the probate court, or to the executor it names, within the period state law sets. The will becomes part of the court record whether or not probate is opened.
Obtain an EIN for the estate
Apply for an Employer Identification Number (EIN) from the IRS. The estate needs its own tax ID to open bank accounts and file tax returns.
Submit the original will (if any) and petition to open probate. You will need to pay filing fees and may need to post a bond.
Georgia: Statewide form: GPCSF 5 (Petition to Probate Will in Solemn Form). File with the Probate Court of the county of the decedent's domicile (one probate court per county). Filing fee $175. Independent administration reduces court supervision. Typical duration: 6-24 months.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, 2026
Once appointed by the court, obtain letters testamentary (with will) or letters of administration (without will). These prove your authority.
Georgia: Letters Testamentary are issued by the Probate court (clerk/judge), after the executor or administrator qualifies by taking the required oath. The state's title for the role is Personal Representative (executor if testate, administrator if intestate). Typically filed with the petition: 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 default; Statutory filing fee of $175.00 for the estate petition (O.C.G.A. § 15-9-60(e)(1)), plus the add-on sums required by § 15-9-60(b) and any service/publication costs.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, 2026
If the court requires a bond, obtain a surety bond from an insurance company. The bond protects beneficiaries from executor misconduct.
Georgia: Bond required unless waived in will. Typical premium: 0.5% of estate value. Beneficiaries may waive bond 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) (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)).O.C.G.A. § 53-6-50(a),(c) (bond required of the personal representative of an intestate estate or a temporary administrator; relieved by the unanimous consent of the heirs)Verified Sep 8, 2026View source
Open an estate bank account
Open a dedicated checking account for the estate using the EIN and letters testamentary. All estate income and expenses flow through this account.
Consider hiring a probate attorney
For complex estates or if unfamiliar with probate, hiring an attorney is common. Many states allow statutory attorney fees.
Georgia: Attorney fees typically 2.1-3.4% of estate.O.C.G.A. § 53-7-6(4) (petition to the probate court for a judgment fixing the attorney's fees and expenses; no statutory percentage)Verified Sep 8, 2026View source
Publish a notice in a local newspaper to alert potential creditors. This starts the creditor claim period running.
Georgia: Georgia requires publication for 4 consecutive weeks. Typical cost: $150. The executor places the notice with the newspaper directly. Creditors have 3 months from last publication to file claims.O.C.G.A. §§ 53-7-40, 53-7-41, 53-7-42, 53-7-43, 9-3-36Verified Oct 18, 2026View source
Identify email accounts, social media, online banking, cryptocurrency, and other digital assets. Note any password managers used.
Georgia: Georgia has adopted digital asset access laws (2018). User authorization or court order may be required to access accounts. Online tool authorizations (like Google Inactive Account Manager) are valid.O.C.G.A. §§ 53-13-1, 53-13-10 (RUFADAA)Verified Sep 15, 2026View source
Search the state unclaimed property database for forgotten bank accounts, uncashed checks, insurance proceeds, and refunds owed to the deceased. Estates frequently recover assets the deceased never tracked.
Georgia: Search Georgia Department of Revenue, Unclaimed Property Program for forgotten accounts, refunds, and uncashed checks owed to the deceased.
Contact retirement account custodians about beneficiary claims. IRAs and 401(k)s typically pass by beneficiary designation, not through the estate.
Georgia: Divorce does not automatically revoke beneficiary designations — a former spouse named on a policy or account may still be the legal beneficiary.
Prepare and file an inventory of all estate assets with their values. The filing deadline runs from your appointment as personal representative and is set by state law.
Inventory due 180 days after appointment as personal representativeO.C.G.A. §§ 53-7-30, 53-7-31, 53-7-32, 53-7-33Verified Sep 15, 2026View source
Georgia: Inventory due within 180 days of appointment. You set the fair-market values yourself; no independent appraiser is required. Supplemental inventory required for assets discovered after the initial filing. The inventory can be dispensed with either by a will provision relieving the personal representative or by the unanimous written consent of all beneficiaries (testate) or heirs (intestate) authorizing the probate court to relieve the duty to make inventory; that same unanimous consent also relieves the personal representative of sending a copy to the heirs or beneficiaries.O.C.G.A. §§ 53-7-30, 53-7-31, 53-7-32, 53-7-33Verified Sep 15, 2026View source
Review claims submitted by creditors. Reject invalid claims and pay valid debts from estate/trust assets.
Georgia: If the estate cannot pay every claim, payment order: Year's support for the family; then Funeral expenses; then Other necessary expenses of administration; then remaining claims in statutory order.O.C.G.A. §§ 53-7-40, 53-7-41, 53-7-42, 53-7-43, 9-3-36Verified Oct 18, 2026View source
Do not make final distributions until the creditor claim period has expired. This protects you from personal liability.
Creditor claim period: 3 months from last publication of the creditor noticeO.C.G.A. §§ 53-7-40, 53-7-41, 53-7-42, 53-7-43, 9-3-36Verified Oct 18, 2026View source
Georgia: Creditor claim period is 3 months from last publication. All claims are barred 6 years after death regardless of notice.O.C.G.A. §§ 53-7-40, 53-7-41, 53-7-42, 53-7-43, 9-3-36Verified Oct 18, 2026View source
File a final IRS Form 1040 for the deceased covering January 1 through date of death. Write "DECEASED," the decedent's name, and the date of death across the top of the return. If filing jointly with a surviving spouse, include both incomes. Attach Form 1310 to claim a refund, unless you are the surviving spouse filing a joint return or a court-appointed personal representative attaching a copy of the court certificate to the original return.
IRS Form 1040 due April 15 following year of death26 USC 6012(b)(1)
Georgia: File Form 500 for January 1 through date of death. Due April 15 following year of death. The surviving spouse, administrator, or executor may file on behalf of a taxpayer who died during the taxable year, using the same filing status as the federal return (2025 IT-511 Booklet, "Filing for Deceased Taxpayers").O.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
If the estate or trust earns income during administration ($600 in gross income), file IRS Form 1041. Required if estate gross income is $600 or more, or if any beneficiary is a nonresident alien. The estate can choose a fiscal year. Use Form 7004 for an automatic 5.5-month extension of time to file.
Georgia: File Form 501 for estate/trust income. Required when Required whenever a federal fiduciary income tax return (Form 1041) is required — O.C.G.A. § 48-7-50(a)(3)-(4): "Resident estate or trust that is required to file a federal income tax return"; "Nonresident estate or trust that has federal gross income from sources within this state". Due April 15 for a calendar-year estate or trust, or the 15th day of the fourth month after the close of a fiscal year. Georgia exemption on Schedule 1, Line 6 (2025 Form 501 instruction booklet): estates $2,700; trusts $1,350. Fiduciaries are taxed at the single-individual rate — O.C.G.A. § 48-7-20(d) (4.99% flat for TY 2026 per HB 463).O.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
For estates exceeding the federal exemption ($15,000,000), IRS Form 706 is required. Some states have lower thresholds. File Form 4768 for an automatic 6-month extension of time to file. The estate and GST tax is still due within 9 months of death; an extension of time to pay must be requested separately on the same form. Form 706 may also be filed to elect portability of the unused exemption to a surviving spouse.
IRS Form 706 due 9 months after date of death (6-month extension available) if required26 USC 6018; 26 USC 6075(a)
Georgia: No state estate or inheritance tax. Only federal Form 706 applies if estate exceeds the federal exemption ($15,000,000).26 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source
Some states require tax clearance or closing letters before final distribution. Distributing without clearance can create personal liability for the executor or trustee.
Georgia: 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 Center.O.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
An executor or personal representative is entitled to compensation for administering the estate. Some states set commissions by statute; others allow reasonable compensation. Decide whether to take a commission and document the basis before final distribution.
Georgia: Executor compensation is set by statute. Commissions are taxable income to the executor and are usually waived when the executor is also the main beneficiary.O.C.G.A. § 53-6-60(b)(1)-(4) (2 1/2 percent on sums received and on sums paid out; 10 percent on interest; up to 3% on property delivered in kind; up to 10% of annual income for working land)Verified Sep 8, 2026View source
Keep copies of all documents, accountings, receipts, and tax returns. Most professionals recommend keeping records for 7-10 years.
General information about settling an estate, not legal advice. Requirements vary by state and circumstance. Consult a licensed attorney for legal questions. Data verified Sep 15, 2026
