About Probate | Georgia Probate & Inheritance Guide

The probate path at a glance

1Find & file the willWill goes to the probate court (or no-will route)
2Petition the courtCommon or solemn form, or Letters of AdministrationGPCSF forms
3Get LettersCourt appoints the executor or administrator§ 53-7-1
4Notify creditorsNotice 4 weeks, then 3 months for claims§ 53-7-41
5Permission to sellCourt order, or power of sale in the will§ 53-8-13
6Sell & reportClose the sale and report it to the court§ 53-8-13(d)

1. Who this guide is for

Families who inherited a home in Fulton, Gwinnett, DeKalb or Forsyth County and want to know what comes first: the court or the sale.
It's a plain-English roadmap, not legal advice (see the disclaimer in section 10).

2. Who inherits when there's no will (Georgia "intestate" rules)

If there's a spouse and no children, the spouse inherits everything. If there are a spouse and children, they share equally, but the spouse gets at least one-third. (O.C.G.A. § 53-2-1(c)(1))
With no spouse, the estate goes to the closest relatives, in this order: children (and a deceased child's children take that child's share), then parents, then siblings, then grandparents, then aunts and uncles. (§ 53-2-1(c)(2)–(7))
If there's no will, a house passes to the heirs right away. Once the court appoints an administrator, though, the administrator controls it. (§ 53-2-7(a), (c))

3. With a will: the two ways to "probate" it

Filing the will with the probate court is required, but probating it is not. If an estate has no assets, there may be no need to probate. (Fulton Probate – Decedents' Estates; Gwinnett Probate – Decedent's Estate)
Common form is faster, but anyone with an interest can challenge it for up to 4 years. (§ 53-5-19)
Solemn form gives family members formal notice. It's binding on everyone who was properly served, and on everyone else after 6 months. (§ 53-5-20)
The court appoints the executor by issuing "Letters Testamentary." Without a will, it issues "Letters of Administration" to an administrator. The statewide standard forms come from the Council of Probate Court Judges. (GPCSF forms index – Supreme Court of GA; GPCSF 5, Solemn Form)

Solemn form

The family gets formal notice right at the start.

More work up front.

Once done, it's final for everyone who was properly served, and for everyone else after 6 months.

(§ 53-5-20)

Common form

Faster and simpler.

Someone with an interest can still challenge it for up to 4 years.

(§ 53-5-19)

Ask your attorney which form your family filed before you list.

4. What the executor or administrator has to do

Settle the estate "as expeditiously and with as little sacrifice of value as is reasonable," acting in the best interests of everyone involved. (§ 53-7-1(a))
!Within 60 days of appointment, publish a notice to creditors once a week for 4 weeks. Creditors then have 3 months after the last notice to come forward. (§ 53-7-41)
File inventories and annual returns where required. Each county charges a fee for these (see the county tables in section 7). (Fulton Fee Schedule)

5. Do you need full probate? Georgia's alternatives

"No Administration Necessary": if there's no will, the heirs can ask the court to skip formal administration. All heirs must sign an agreement on how to divide the estate, and debts must be paid or creditors must consent. If there's a mortgage, the lender must consent or be served. (§ 53-2-40) Once granted, the court records the order in the deed records of every county where the deceased owned real estate. (§ 53-2-40(d))

!Year's Support: a surviving spouse or minor children can ask the court to set property, including the house, aside for them. This claim comes ahead of most debts and must be filed within 24 months of the death. (§ 53-3-1; § 53-3-5)

Small bank accounts: if there's no will, a bank may pay up to $15,000 to a spouse or other close relative by affidavit. This does not cover the house. (O.C.G.A. § 7-1-239)

6. How probate affects selling the house

Who signs the deed: once a personal representative (executor or administrator) is appointed, that person controls the property. An administrator holds title for the heirs and creditors. (§ 53-2-7(c)–(d)) If heirs settle without any administration, they need to sign deeds themselves to transfer title. (Clark v. Perrin, quoted in the notes at 53-2-7)
Court permission to sell: a personal representative must petition the probate court for permission to sell, and heirs or beneficiaries get notice. If no one objects in time, the court approves the sale without a hearing. If someone objects, a hearing follows. (§ 53-8-13(a)–(c))
Skipping court permission: you can skip it if the will grants a power of sale, or if all heirs or beneficiaries unanimously agree to give the personal representative expanded powers (this requires publication with no objections). (§ 53-7-1(b); case notes at § 53-8-13)
After the sale: the personal representative files a full report of the sale with the court. The recitals in the executor's or administrator's deed are prima facie evidence that the rules were followed. (§ 53-8-13(d)–(e))
GA REALTORS forms are at forms.garealtor.com.

Where the power to sell comes from

The will says so

The will can give the executor a "power of sale," the right to sell without asking the court again.

(§ 53-7-1; notes at § 53-8-13)

All heirs agree

Every heir agrees to give the person in charge extra powers, and no one objects after the notice runs.

(§ 53-7-1(b))

The court says yes

The person in charge asks the court for "leave to sell" (permission to sell this property), on statewide form GPCSF 13.

(§ 53-8-13; GPCSF forms index)

"No Administration" order

With no one formally in charge, the heirs sign the deed together.

(§ 53-2-40; § 53-2-7)

7. County by county: Fulton, Gwinnett, DeKalb, Forsyth

Fulton County Probate Court (136 Pryor St SW, Atlanta)

Filing: e-filing through eFileGA is available for new estate petitions. Original documents and the original will must arrive within 10 days. You must also submit a copy of the obituary when opening an estate. In person: by appointment, or "Walk-In Wednesdays." (Fulton – Decedents' Estates; Fulton E-File)
Fees: $209 for Letters of Administration, Probate in Solemn Form or Common Form, and No Administration Necessary (+$25 if there's real estate). Leave to Sell is $190. Publication is extra. (Fulton Fee Schedule)
!Local quirk: administrations require a minimum $25,000 bond before letters are issued (higher if assets exceed that). The court's page says the only way around it is getting powers granted by publication. (Fulton – Decedents' Estates)

Gwinnett County Probate Court (75 Langley Dr, Lawrenceville)

Filing: in person Monday–Friday, 8:00–4:30, or by mail with fees. You must use the latest statewide forms, and the court also posts its own forms (inventory, annual return, heirs worksheet). Oaths and hearings can be done remotely. (Gwinnett – Decedent's Estate)
Fees: $202 each for Letters of Administration (Form 3), Solemn Form (Form 5), No Administration Necessary (Form 9) and Year's Support (Form 10). Leave to Sell (Form 13) is $187. Cards carry a 2.5% fee. (Gwinnett Fee Book PDF)

DeKalb County Probate Court (556 N. McDonough St, Decatur)

Filing: you can e-file estate petitions through Odyssey eFileGA, mail them, or file in person by appointment. Bring the original petition and will, and don't print double-sided. (DeKalb – Wills & Estates)
Fees (revised 7/1/25): $209 for Letters of Administration or Solemn Form. No Administration Necessary is $234 and Year's Support is $354, plus $25 for each additional property (one included). Card payments add 2.75%, and bills over $20 aren't accepted. (DeKalb Fee Schedule PDF)

Forsyth County Probate Court (100 West Courthouse Square, Suite 008, Cumming, GA 30040)

Contact: (770) 781-2140. Open Monday–Friday, 8:30 am–4:30 pm. (Forsyth – Probate Court)
Filing: by mail, in person, or by eFile. (Forsyth – Probate Court) You must use the current statewide forms from gaprobate.gov, and the court posts its own estate forms (inventory, annual return, heirs worksheet). (Forsyth Forms & Fees)
Fees: $205 for Letters of Administration or Probate in Solemn Form. No Administration Necessary and Year's Support are $205 each. Leave to Sell is $190. An inventory or return listing assets is $40. The 4-week newspaper notice for an administration is $180. (Forsyth Forms & Fees)

In all four counties

Do you need a personal representative appointed before you sell? Yes, if the estate is being administered (§ 53-8-13). Heirs with a "No Administration" order can sell in their own names.

!8. Common hiccups that slow a sale

Heirs who disagree or can't be found. The "No Administration" route needs every heir's signature. (§ 53-2-40(b))

An objection to the petition to sell, which forces a hearing. (§ 53-8-13(c))

Will challenges: common-form probate stays open to them for up to 4 years. (§ 53-5-19)

A mortgage on the home: the lender must consent or be served. (§ 53-2-40(b))

Quick guides: the questions families ask most

How much does probate cost?

Probate has a few kinds of costs. The court charges filing fees when you hand in papers. Often there is a newspaper notice too, a short ad that tells creditors (people the estate owes money) to come forward. (§ 53-7-41) Some estates need a bond, a kind of insurance that protects the estate (Fulton – Decedents' Estates), and many families also pay an attorney.

Fees are different in each county. See the county cards above.

Who can sell the house?

The person the court puts in charge. If there is a will, this is the executor (the person the will names). If not, it is an administrator (the person the court picks). (§ 53-7-1)

The court gives this person "Letters," an official paper that proves they are in charge. Think of it like a permission slip from the court.

Usually they also need the court's OK to sell, unless the will already allows it. (§ 53-8-13) With a "No Administration" order, the heirs sign the deed together. (§ 53-2-7)

Who pays the mortgage during probate?

The loan does not go away when the owner dies. The house is still the security for the loan, so the lender still has to be paid.

The person in charge of the estate handles the estate's bills and debts. (§ 53-7-1) Talk to the lender and an attorney early.

A federal law says the lender can't demand the whole loan right away just because a home with fewer than five units passes to a relative after the borrower dies. (12 U.S.C. § 1701j-3(d))

What if siblings disagree?

The "No Administration" route only works if every heir signs an agreement. (§ 53-2-40)

If someone objects to selling the house, the court holds a hearing. (§ 53-8-13)

It's like a group project: everyone has to sign before it can be turned in.

Selling from out of state

You can often handle a lot from far away, like calls and paperwork. The person in charge still has to meet every court requirement.

Some courts make this easier. Gwinnett lets you do oaths and hearings remotely. (Gwinnett – Decedent's Estate) Fulton and Forsyth accept filings by eFile. (Fulton E-File; Forsyth – Probate Court)

A local agent can be your eyes on the house: checking on it, getting it ready, and showing it to buyers.

9. How I can help

Losing someone you love is hard enough. Then comes the paperwork, the court, and the house. You don't have to figure it out alone. I'll walk with you through the probate process, step by step, so you always know what comes next.

I coordinate with your probate attorney on timing, prepare the home, price it with a CMA, and handle the sale once the court allows it.
Let's talk: a free, no-pressure conversation about your inherited home → Contact Dalia

10. Disclaimer

This page is general information, not legal or tax advice. Laws and court fees change, so consult a licensed Georgia probate attorney and confirm fees with the probate court before filing.

Sources

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