How to Apply for Probate (GA)

Updated Mar 3, 2025

Show Table of Contents Applying for probate

One of the early steps in settling most estates is to apply for "probate" (i.e., ask the court for permission to legally represent and administer the estate, ultimately distributing its contents to the rightful recipients).

For non-lawyers, this step can seem a little daunting: for one thing, it occurs at the beginning, when you are just figuring things out, and for another, instructions and rules can be scattered all over the place.

Don't worry: we'll make everything understandable, and give you the estate-specific guidance you need.

Types of Probate

Almost every state offers multiple types of probate, ranging from simplified processes for small estates, to formal, closely supervised probate for complex or problematic estates, to standard probate for typical estates (with a number of states offering even further variations).

Small: In most states, the small estate process actually bypasses court entirely, and is thus not technically "probate" at all (see small estate process for GA rules and instructions).
Formal: If you need a formal, closely supervised variant of probate, it likely means that there is conflict expected, and thus you should almost certainly retain a lawyer, who can handle preparing your application.
Standard: The most common form of probate in GA is known as "solemn form" probate, and is the focus of the application instructions below.

GA Application Process

There are several steps you must take to obtain the court's permission to represent and manage a GA estate.

Probate Application: In Georgia, start the process by submitting a petition to the court: see application details ↧
- If there is a will, submit a Petition to Probate Will in Solemn Form (Form GPCSF-5). However, if the will does not name you as first choice among executors (still living), instead submit a Petition to Probate Will in Solemn Form and for Letters of Administration with Will Annexed (Form GPCSF-7)).
  - Attach the will and an official copy of the death certificate.
  - If the will does not include the notarized signatures of the testator and 2 witnesses, attach a Will Witness Affidavit (Form GPCSF-Supplement-6) from each of the signing witnesses (see GA Code § 53-5-24 if this is not possible).
  - If the will does not name you as first choice among executors (still living), attach a Renunciation of Executor Right from everyone still living that has an equal or higher priority than you. It may also be helpful to attach an affidavit consenting to your appointment as personal representative from everyone named in the will to inherit (see GA Code § 53-6-14).
  - If convenient, you may wish to obtain a notarized Acknowledgement of Service and Assent to Probate Instanter (included in the Petition form package) from every heir-at-law in order to speed things up; otherwise the court will instead send a notice to each such person (at your expense) asking them if they want to object to the will and/or your appointment. If you are applying with will annexed, the form should also be sent to everyone named in the will to inherit.
- If there is no will, instead submit a Petition for Letters of Administration (Form GPCSF-3).
  - Attach an official copy of the death certificate.
  - If convenient, you may wish to obtain a notarized Selection by Heirs (included in the Petition Form package) from as many heirs as possible: otherwise the court will instead send a notice to each such person (at the estate's expense) asking them if they want to object to your appointment (see GA Code § 53-6-20).
- Save $$: If there is no will, or the will does not address the requirement for a probate bond, you may wish to avoid probate bond costs by attaching a Waiver of Bond (Form GPCSF-32) from each person who will inherit (see Probate Bonds).
- Do NOT sign any of the pages that require the clerk to witness and notarize your signature. Do NOT sign any anything the judge is intended to sign (they just want you to fill in what you can on those forms to save the court some work).
Notice of Probate: In Georgia, if the estate will go through probate, the court will use information you supply in your probate application to notify interested parties at least 30 days before the probate hearing. You can save time and expense by including Acknowledgement of Service and Assent to Probate Instanter (if there is a will) or Selection by Heirs (if there is no will) forms in your probate application (see Task: Start Probate).
Probate Hearing: The court will hold a hearing to officially consider and approve your application. Often this hearing is just a formality, and you may not need to attend at all.
Probate Bond: If required by the court, you must obtain a probate bond to protect the estate from any losses you may cause (up to a certain dollar amount). Requirements for such a bond can depend on jurisdiction, whether there is a will, size of estate, whether you reside in the same state, and other factors. See Probate Bonds for advice on how to potentially avoid the need fo such a bond.
Objections: Note that interested parties have the right to legally challenge your application (before your official appointment, or even afterwards).
Letters: Once the court approves your application, you will receive your "Letters", which are certified documents you can use to prove your authority to third parties. If you applied for "probate", you will officially be known as the "executor" of the estate. If instead you applied for "administration", you will be known as the "administrator". Many states also use the term "personal representative" to cover both cases, sometimes deprecating the uses of the more precise terms.

If you'd like, friendly and experienced EstateExec personnel can fill out your probate application forms for you: see Probate Form Service. If you just want answers to a few legal questions, you can talk to an experienced lawyer for a surprisingly modest fee – see Have a Question?

Court Location

It can sometimes be difficult to determine which court to use for a given estate. The particular type of court that oversees the probate process varies by state: it may be a dedicated probate court, a circuit court, a superior court, a general county court, or something else.

In Georgia, each county has a local probate court. If you are using EstateExec and you enter the decedent's county of legal residence on the Decedent tab, you will see a direct link to the appropriate court here, usually with more detailed information about the court than the limited search link in the preceding sentence.

Note that real property must be probated in the state in which it is physically located, so you may need to go through probate in multiple states.

Next Steps

Once you have been officially appointed and granted your Letters, you can begin the bulk of the estate administration and settlement process, keeping in mind that you now have a fiduciary duty to act in the best interests of the estate.

See our Complete Guide to Estate Settlement in GA for an overview of estate settlement in general, Probate for the court-supervised aspects of estate settlement in particular, and Timeline for an overview of tasks by time period.

If you are using EstateExec, it will automatically generate a list of detailed tasks for you to accomplish, based upon the particulars of your estate.