How Probate Works in Georgia
Georgia's main simplified path isn't gated by a dollar amount at all — it depends on whether the decedent died without a will, owes no debts, and every heir agrees in writing. Where Georgia is genuinely narrower than most states is on affidavits: there's no broad "collect everything under $X" statute, only a small one limited to bank deposits.
Probate court
Probate Court
Typical timeframe
6–12 months typical
Small-estate affidavit limit
$15,000
Simplified probate limit
No flat dollar limit — see below
Creditor claim deadline
90 days
Community property state
No
Does Georgia require probate?
Probate is handled by the county Probate Court and is required for solely-titled assets unless the estate qualifies for one of the shortcuts below.
How to avoid full probate in Georgia
- Petition for Order Declaring No Administration Necessary — available regardless of estate size when the decedent died intestate, owes no debts (or creditors consent), and all heirs agree in writing on how to divide the property.
- Bank deposit affidavit — a bank may pay a deposit of up to approximately $15,000 directly to a statutorily-ranked relative, for intestate decedents only, with no probate court filing. This is Georgia's only true affidavit shortcut, and it doesn't extend to vehicles, other accounts, or other personal property. This figure comes from a statutory-code mirror rather than a direct fetch of Georgia's own state site during our research, and one other source cited a lower figure — worth confirming against the current Official Code of Georgia Annotated before relying on it for a specific estate.
The probate process in Georgia
Georgia gives a surviving spouse and/or minor children a priority claim — "year's support" — to a year of support from the estate, ahead of ordinary creditors, filed as its own petition within two years of death. This can significantly affect what's left for other beneficiaries and creditors.
Creditor claims in Georgia
The personal representative must publish notice within 60 days of qualifying, running weekly for four weeks. Creditors who don't present a claim within 3 months of the last publication risk being paid after (or not at all, if funds run out before) higher-priority claims are settled.
Let Estate Assist handle the rest
Estate Assist reads the estate's documents, builds a personalized checklist, and drafts the letters you need — so you're not piecing this together alone.
Start your free action plan →Frequently asked questions
Do I need a lawyer for probate in Georgia?
Not as an individual — self-representation is generally allowed — though a corporate administrator or executor typically must be represented by counsel, and contested or complex estates benefit from one regardless.
What happens if there's no will?
Georgia's intestacy statute governs distribution, and any heir may petition for letters of administration or, if the conditions are met, for the no-administration-necessary order described above.
Can I skip probate entirely in Georgia if the estate is small?
Only in narrow cases — a bank deposit under roughly $15,000 for an intestate decedent can be collected via affidavit with no court filing. Almost everything else needs at least the simplified court petition, not a fully out-of-court process.
Related guides
Probate in other states
Georgia figures checked against Justia — Georgia Code Title 53 (Wills, Trusts, and Administration of Estates) on July 22, 2026. Probate rules, thresholds, and deadlines change and are frequently adjusted for inflation; confirm current figures before relying on them. Estate Assist provides general information, not legal, financial, or tax advice.