How Probate Works in Georgia

Does Georgia require probate?

Generally, yes. Unlike most states, Georgia does not offer robust small estate shortcuts. The probate process is essentially the same regardless of the estate's value, though the Year's Support provision gives surviving spouses and minor children a powerful tool to claim assets outside the normal creditor and beneficiary hierarchy.

An exception exists for bank accounts: Georgia financial institutions can release up to $15,000 per bank without formal probate under certain conditions.

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What court handles probate in Georgia?

Probate in Georgia is handled by the Probate Court in the county where the deceased person lived. Each of Georgia's 159 counties has its own Probate Court, which handles estate administration, will validation, guardianships, and marriage licenses.

Georgia does not impose a statutory deadline to file for probate, but prompt filing is recommended to protect assets and begin the orderly settlement of the estate.

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Small estate options

Georgia's small estate options are more limited than most states:

• Bank account release. Financial institutions can transfer up to $15,000 per bank from a deceased customer's account without formal probate. This requires an affidavit from the deceased's spouse, child, parent, or sibling, and is only available when there is no will.
• No general small estate affidavit. Georgia does not have a blanket small estate affidavit process like many other states. Even small estates typically go through the Probate Court.

For estates of any size, the Year's Support petition (see below) often provides faster access to assets than waiting for normal probate distribution.

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Year's Support

Year's Support is a Georgia-specific provision that allows the surviving spouse and/or minor children to petition the Probate Court for an award of property from the estate.

Despite the name, the award is permanent, not limited to one year's expenses.

Key points:

• The award is determined by the Probate Court based on the family's prior standard of living, financial needs, and the size of the estate. There is no fixed dollar amount.
• Year's Support claims take priority over almost all other claims, including unsecured creditors and will beneficiaries. Only secured debts and estate administration expenses rank higher.
• Only the surviving spouse (who has not remarried before filing) and the deceased's minor children (under 18, or dependent due to incapacity) are eligible.
• The petition must be filed within 24 months (two years) of the death.
• If no one objects within the required notice period, the court grants the award.

Year's Support is a powerful tool that does not exist in most other states. It can effectively transfer the majority (or all) of an estate to the surviving spouse before creditors or other beneficiaries receive anything.

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What if there is no will?

When someone dies without a will in Georgia, the estate follows intestate succession rules:

• Spouse and children. They share the estate, with the surviving spouse guaranteed at least one-third. If there is one child, spouse and child typically share equally. If there are multiple children, the spouse gets at least one-third and the children split the rest equally.
• Spouse, no children. The surviving spouse inherits everything.
• Children, no spouse. The children inherit everything equally.
• Parents (no spouse or children). The parents inherit everything.
• Siblings (no spouse, children, or parents). Siblings inherit equally.
• More distant relatives. Georgia's laws are structured to distribute assets to even remotely related individuals before the estate escheats to the state.

For a broader overview, see our guide on handling an estate without a will.

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What makes Georgia different?

Year's Support

Georgia's Year's Support provision is unusual. Most states have some form of family allowance, but Georgia's version is more powerful because it results in a permanent property award and takes priority over nearly all other claims.

Families should file for Year's Support early in the process.

No state estate or inheritance tax

Georgia has no state estate tax and no state inheritance tax. Only the federal estate tax applies, and only to estates exceeding approximately $13.99 million in 2025.

Limited small estate options

With no general small estate affidavit, Georgia requires most estates to go through formal probate. The $15,000 per bank release and the Year's Support petition are the primary shortcuts available.

This makes Georgia's probate process less flexible than states with higher affidavit thresholds.

For a general overview of the probate process, see our guide on how probate works. If you need to order death certificates, see our guide on how to get death certificates in Georgia.

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