Probate is the legal process of settling a decedent’s estate, validating the will, and transferring the decedent’s property. This timeline shows a typical path, but each timeline will vary by county and case complexity.
Weeks 1-6: File Probate Petition
File Will and Petition to Probate Will with the probate court in the Decedent’s county of residence. If no Will, file Petition for Letters of Administration.
Weeks 6-8: Appointment of Personal Representative (PR)
Probate court issues Letters Testamentary to Executor OR Letters of Administration to Administrator. Probate estate is open. PR can list and sell property.
Weeks 8-12: Publication & Estate Account
PR publishes Notice to Debtors & Creditors, obtains an EIN for estate, opens estate bank account, notifies beneficiaries (if Will) of Letters issued, and locates and begins accessing estate assets. Funeral expenses can be reimbursed.
Months 4-6+: Estate Inventory & Taxes
If not relieved of this obligation, PR compiles a list of all estate assets, including real property, and files it with the Court. PR files Decedent’s final tax return.
Months 6+: Pay Debts & Distribute Assets
PR settles all debts and creditors claims before distributing assets to beneficiaries (if Will) OR heirs (if no Will).
Months 6-12+: Close Estate
After all expenses, taxes, and fees are paid, all debts settled, and distributions made, PR can petition the Court to close the estate. Final return may be required.
Disclaimer: The simplified timeline of the probate process in Georgia above is intended for informational purposes only. It does not constitute legal advice. If you have questions about the information above, please contact us or other appropriate legal counsel. Proper legal advice can only be provided based on the specific facts and relevant law for each individual.