Georgia Probate and Estate Administration Attorneys
Coleman Legal Group, LLC
Phone: 470-947-2471
Georgia probate courts have jurisdiction in cases involving the wills of deceased individuals. They can validate wills and enforce their provisions as well as divide up a deceased individual’s assets if there is no will (also called “intestacy”).
Because of their relationship with wills, probate courts also carry out conservatorships and guardianships. Somewhat uniquely, a Georgia probate court can also give out marriage and firearm licenses.
Procedures Available for Decedent’s Estates When There is a Will:
To begin the process of probating a will in Georgia, a “Petition to Probate the Will in Common Form” will need to be filed with the court.
Solemn Form Probate: This is a formal process of proving a will that requires notice to be made to all heirs and interested parties about the will. Once the court’s final order is made, it is binding on all parties that were notified. If interested parties have concerns regarding the will, they must raise them by a specific deadline or waive them otherwise. O.C.G.A. § 53-5-22; Byrd v. Riggs, 211 Ga. 493.
Common Form Probate: This is a simplified process for proving a will that allows a single subscribing witness to prove it with their testimony. Notice to heirs or interested parties is not required however, judicial decisions using this form only become binding, four (4) years after the executor has been appointed. Interested parties may file their objections in the interim while minor heirs have four years after turning 18 years old, to interpose a caveat. O.C.G.A. § 53-5-16; O.C.G.A. § 53-5-17; O.C.G.A. § 53-5-19.
Probate of Will in Solemn Form / Letters of Administration with Will Annexed: If the executor named is unable to or unwilling to serve, and administrator must be appointed by the court. O.C.G.A. § 53-6-15; O.C.G.A. § 53-5-21.
Will Filed Not For Probate: If there is no property to pass under the will, probate is not necessary.
When there is no Will:
If there is no will, a “Petition for Letters of Administration” will need to be filed with the court.
Permanent Administration: All heirs must be notified. The surviving spouse or the sole heir usually has the first right to serve as the administrator. If they can’t or aren’t qualified, the majority of heirs may agree to choose someone else. The appointed administrator is responsible for securing a bond and compiling an inventory of the estate unless all heirs agree to skip those steps. Ultimately this kind of administrator is necessary where the estate requires ongoing management. Baumgartner v. McKinnon, 10 Ga. App. 219; Langford v. Langford, 82 Ga. 202; Deller v. Smith, 250 Ga. 157.
Temporary Administration: Temporary administration in Georgia probate law involves the court appointing a temporary administrator to oversee a deceased person’s estate when no personal representative is available. This is a short-term solution until a permanent representative is designated. The temporary administrator’s main responsibilities include safeguarding the estate’s assets, upholding the decedent’s existing contracts, and taking necessary protective measures for the estate. All actions taken by the temporary administrator must receive approval from the probate court, with proper notification given to interested parties. O.C.G.A. § 53-3-21; O.C.G.A. § 53-6-30.
No Administration Necessary: If all debts have been paid, there is no need for formal administration and all heirs have agreed on division, the proceeding may be filed.
Georgia Probate Glossary
- Administrator: An individual responsible for managing an estate when there is no will.
- Administrator with Will Annexed: This person oversees the estate when a will exists, but it either does not name an executor, or the executor is unable, or unwilling to fulfill the role. This person will be appointed by the court.
- Decedent: The person who has passed away; the deceased person.
- Executor: The person chosen to manage the estate when there is a will in place.
- Heirs: People who would inherit the decedent’s property according to Georgia laws that govern inheritance when there is no will. Heirs may be beneficiaries of the estate, but not always.
- Intestate: A term used to describe a situation where someone dies without leaving a will.
- Letters of Testamentary / Administration: These are official documents from the probate court that grant the executor or administrator, authority to manage the estate.
- Personal Representative: A broad term that includes administrators, executors, guardians, or trustees, excluding those appointed temporarily.
- Probate: The legal process through which a decedent’s estate is managed and settled.
- Probate Court: The court designated to handle the legal proceedings involved in settling a decedent’s estate.
- Testator: A person who has created and signed a will.
- Will: A legally binding document that outlines an individual’s wishes regarding the distribution of their property after death, adhering to the legal requirements set by Georgia law.
Call 470-947-2471 to speak with an attorney.
Weekend and Evening Appointments and Consultations Available.
Probate, Wills, Estate Planning and Administration – Georgia Areas We Serve
Our Georgia Estate Planning attorneys handle cases in the following cities and communities: Atlanta, Alpharetta, Roswell, Duluth, Johns Creek, Milton, Cumming, Suwanee, Marietta, Woodstock, Sandy Springs, Kennesaw, Gainesville, Midtown Atlanta, Norcross, Lawrenceville, Kennesaw, Duluth, Buckhead, Dunwoody, Vinings, Smyrna, Buford, Inman Park, Old Fourth Ward, Decatur, Grant Park, East Atlanta, and the Virginia Highlands.
Our Georgia Estate Planning attorneys frequently handle cases for clients residing in the following counties: Fulton, Gwinnett, Forsyth, Cobb, DeKalb, Henry, Cherokee, Douglas, Carroll, Coweta, Paulding, Bartow, Hall, Barrow, Walton, Newton, Rockdale, Henry, Spalding, Fayette, and Clayton.
Georgia Areas We Serve
Our Georgia lawyers and attorneys handle cases in the following cities and communities: Atlanta, Alpharetta, Roswell, Duluth, Johns Creek, Milton, Cumming, Marietta, Woodstock, Kennesaw, Gainesville, Midtown Atlanta, Norcross, Lawrenceville, Kennesaw, Duluth, Buckhead, Dunwoody, Vinings, Smyrna, Buford, Inman Park, Old Fourth Ward, Decatur, Grant Park, East Atlanta and the Virginia Highlands.
Our Georgia lawyers and attorneys frequently handle cases for clients residing in the following counties: Fulton, Gwinnett, Forsyth, Cobb, DeKalb, Henry, Cherokee, Douglas, Carroll, Coweta, Paulding, Bartow, Hall, Barrow, Walton, Newton, Rockdale, Henry, Spalding, Fayette and Clayton.
Our main office is located in Alpharetta Georgia at: 11539 Park Woods Circle, Suite 304, Alpharetta, GA 30005. We also have offices conveniently located at:
| Alpharetta Georgia Park Woods Commons 11539 Park Woods Circle Suite 304 Alpharetta, GA 30005 Phone: 470-947-2471 | Map |
Atlanta Georgia |
| Dunwoody, Sandy Springs GA 400, Atlanta Georgia 1200 Abernathy Rd Building 600 Atlanta, GA 30328 Phone: 470-947-2471 | Map |
Cumming Georgia |
| Johns Creek, Duluth GA 11555 Medlock Bridge Road Suite 100 Johns Creek, GA 30097 Phone: 470-947-2471 | Map |
Duluth Georgia |
| Kennesaw Georgia TownPark Center 125 TownPark Drive Suite 300 Kennesaw, GA 30144 Phone: 470-947-2471 | Map |
Lawrenceville |
Copyright © 2025 | Coleman Legal Group, LLC | All Rights Reserved. Coleman Legal Group, LLC • 11539 Park Woods Circle, Suite 304 • Alpharetta, Georgia 30005 • 470-947-2471 DISCLAIMER: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
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Updated: 2025-07-24
