Detailed Answer

If an adult dies in Georgia without a valid will, state law requires a court-appointed administrator to gather the decedent’s assets, pay debts and taxes, and distribute what remains under Georgia’s intestacy rules. The following explains the typical steps to apply to serve as administrator, what the court will require, and practical tips to prepare.

Where to file

File in the probate court (or the court that handles probate matters in that county) where the decedent lived at the time of death. You can find general information about Georgia’s probate courts on the Georgia Judicial Branch website: https://www.georgiacourts.gov/.

Relevant Georgia law

Georgia’s probate, administration, and intestate succession rules are in Title 53 of the Official Code of Georgia Annotated. For general rules about wills, administration and estates, see:

• O.C.G.A. Title 53 (Wills, Trusts, and Administration)
• O.C.G.A. Title 53, Chapter 2 (Descent and Distribution — intestacy rules)

Basic qualifications and priority

Generally you must be an adult and legally competent. Georgia law gives priority to certain people when appointing an administrator (for example, a surviving spouse or next of kin). If more than one person with priority applies, the court will decide who is best suited to serve. The court may refuse to appoint someone with a conflict of interest or who is unsuitable.

Step-by-step: How to apply

1. Locate the correct probate court. File in the county where your mother lived when she died. Check the county probate court’s website or call the clerk for filing hours and local requirements.
2. Gather required documents. Typically you will need:
   • Certified copy of the death certificate.
   • A list of heirs and their contact information (children, spouse, parents, siblings as applicable).
   • An estimate of the estate’s assets (bank accounts, real estate, vehicle titles, life insurance, retirement accounts, personal property).
   • Any known creditor information.
3. Prepare and file a petition for letters of administration. Ask the probate court clerk for the county’s standard form or instructions for a petition (sometimes called a petition for administration or application for letters of administration). The petition will ask for basic facts about the decedent, the petitioner, heirs, and estate assets.
4. Provide identification and take any required oath. The person appointed as administrator typically must appear, present ID, and swear an oath to faithfully perform duties.
5. Post bond if required. Probate courts often require a fiduciary bond to protect the estate. The court can sometimes waive or reduce the bond if all heirs consent in writing. Ask the clerk about bond amounts, waiver forms, and surety requirements.
6. Serve notice to interested parties and creditors. The court will require notice to heirs and may require publication for unknown creditors. Follow the court’s specific notice rules and timelines.
7. Receive letters of administration. Once the court approves your petition and any bond or waiver is in place, the court will issue letters of administration (official documents showing you have authority to act for the estate). With those letters, you can collect assets, close accounts, and work with institutions that need proof of authority.
8. Administer the estate. Duties include inventorying assets, paying valid debts and taxes, filing a final account with the court (if required), and distributing remaining assets according to Georgia’s intestacy laws.

Timing and common costs

Appointment timing varies by county and case complexity. Simple, uncontested administrations can take a few weeks to several months to complete the appointment step. Costs may include court filing fees, bond premium, attorney fees (if you hire counsel), publication fees for creditor notices, and costs related to appraisals or asset transfers.

If someone else applies or objects

Any interested person can oppose your appointment or petition. If there is a dispute about who should serve, the court will hold a hearing and decide based on priority statutes and the best interests of the estate. If someone objects to your proposed bond or fitness to serve, be prepared to present evidence and witnesses.

When to consider hiring an attorney

Consider getting a probate attorney if the estate is large, owns real estate in multiple jurisdictions, includes business interests, has contested heirs, or potential creditor or tax issues. An attorney can prepare filings, represent you in hearings, and help reduce personal liability.

Helpful resources

• Georgia Judicial Branch (probate court information): https://www.georgiacourts.gov/
• O.C.G.A. Title 53 (wills, trusts, probate and intestacy rules): https://www.legis.ga.gov/legislation/ocga/title/53
• O.C.G.A. intestacy (descent and distribution): https://www.legis.ga.gov/legislation/ocga/title/53/chapter/2

Helpful Hints

• Call the local probate court clerk before you go—county procedures and forms vary.
• Obtain multiple certified death certificates; banks and government agencies often require originals.
• Ask heirs to sign a written bond waiver if they agree to avoid the cost of a surety bond.
• Prepare a simple asset list before filing to speed the petition process.
• Keep careful records and receipts for every estate transaction to simplify the final accounting.
• If the estate contains retirement accounts or life insurance with named beneficiaries, those assets may pass outside probate—identify beneficiaries early.
• If you expect disputes, hire an attorney early to limit delays and personal exposure.

Disclaimer: This article provides general information about Georgia probate and intestacy procedures. It is for educational purposes only and is not legal advice. For advice about your specific situation, contact a licensed Georgia attorney or the local probate court.