Decedents' Estate
Following the passing of a Georgia resident or a nonresident who owned property in Georgia, various proceedings may be filed in the Probate Court. These proceedings should be filed in the Probate Court of the county where the deceased resided in Georgia or in the county where the non-resident's property is situated. For each type of proceeding, a standard form is available, which the Court will provide to any petitioner.
The booklet below offers a brief overview of the initial proceedings typically encountered. Each proceeding comes with a standard form made available by the Court or can be found online here Georgia Probate Standard Forms.
Guide to Probate
It is recommended that you discuss matters of concern with an attorney who practices probate or estate law. An attorney can help you identify which proceeding is best suited for your circumstances. Often, there are additional matters such as tax returns, preparation of deeds, title transfers, etc., which may make it necessary for you to seek the services of an attorney.
If you choose to proceed without legal representation, it will be your responsibility to determine or select the proceeding appropriate to your situation. Probate Court Staff may not make the determination or selection for you since to do so may constitute the unauthorized practice of law, a misdemeanor under Georgia law. Neither the Court nor the county can accept responsibility for incorrect decisions made by staff, and the staff members have been directed to refrain from giving such advice.
It is also your responsibility to properly complete all the forms. Staff are not permitted to perform clerical tasks for the public. However, they can answer general question about standard forms, filing deadlines, scheduling uncontested hearing and how other matters are managed by the Court.
Training Videos
The Georgia Council of Probate Court Judges has produced videos concerning what to do after a loved one dies. We strongly suggest that you watch these videos to help determine your next steps.