Detailed Answer
This answer explains how Georgia law handles the estate of a person who dies without a will (intestate), and when you must open a probate administration. It is written for readers with no legal background. This is not legal advice.
Does Georgia require probate if the decedent left no will?
Not always, but often. Under Georgia law, when someone dies without a will their property passes according to the state’s intestacy rules (see O.C.G.A. Title 53). If the decedent owned assets that must be formally transferred in the decedent’s name—such as real estate held solely in the decedent’s name, bank accounts without payable-on-death beneficiaries, or titled vehicles—then opening a probate administration (often called “formal administration” or appointment of an administrator) is commonly required so a court-appointed personal representative can collect assets, pay valid debts, and distribute what remains to the legal heirs.
By contrast, some assets pass outside probate. Common nonprobate transfers include:
- Assets with a valid beneficiary designation (life insurance, retirement accounts).
- Property held in joint tenancy with right of survivorship (joint bank accounts, some real estate).
- Property with a transfer-on-death (TOD) or payable-on-death (POD) designation.
- Property owned by a trust where title is in the trust name.
Where to find the law
Intestate succession is governed by the Georgia Code (O.C.G.A.), Title 53. See, for example, the intestacy statutes (search O.C.G.A. § 53‑2‑1 and related sections) on the Georgia General Assembly website: O.C.G.A. Title 53 (intestate succession search). General probate and administration procedures are in Title 53 as well; search for administration provisions (for example O.C.G.A. § 53‑6‑1 and related sections): O.C.G.A. (administration search). For plain-language court resources about probate process, see the Georgia Judicial Branch: georgiacourts.gov.
Common situations and whether probate is needed
- All assets were nonprobate: If every asset passes automatically to someone else (beneficiary, joint owner, trust), you may not need probate.
- Only a few small personal items in the decedent’s name: Some courts allow simplified procedures (small estate affidavit or informal probate) so you can collect small assets without full administration. Check the court rules or ask the probate court clerk.
- Real estate or significant assets titled solely in decedent’s name: Probate administration is normally required to transfer title to heirs.
- Debts or creditor claims likely: Formal administration provides a process to notify creditors and resolve claims.
- Disputes among family members or multiple potential heirs: Formal probate helps resolve disputes under court supervision.
Typical steps if probate administration is required
- Identify the decedent’s assets and beneficiaries/possible heirs.
- File a petition for administration in the county probate court where the decedent lived.
- The court appoints an administrator (sometimes a family member) to act for the estate.
- The administrator gathers assets, inventories and appraises them if required, and gives notice to creditors.
- The administrator pays valid debts, taxes, and final expenses from estate assets.
- The court approves a final accounting and the remaining assets are distributed to heirs under Georgia’s intestacy rules.
How intestacy distribution works in Georgia (high level)
When a person dies without a will, Georgia law sets a priority list of heirs (spouse, children, parents, siblings, etc.). The administrator distributes the estate consistent with those rules. For the exact order and shares under Georgia law, review the intestacy statutes in O.C.G.A. Title 53 (see link above).
When you should consider consulting the probate court or an attorney
Contact the county probate court if you are unsure whether probate is necessary; many probate clerks provide guidance about forms and procedure. Consider hiring an attorney if the estate contains:
- Real estate that needs to transfer;
- Substantial debts, tax issues, or business interests;
- Multiple heirs with potential disputes;
- Complex assets (out-of-state property, foreign accounts, complex title issues).
Costs and timeline
Costs vary. Administration typically involves court fees, possible attorney fees, and costs for appraisals and accounting. A simple administration may close in months; a complex one can take a year or more (longer if there are tax or litigation issues).
Quick summary: Probate administration is required in Georgia when assets cannot pass outside probate and a court-supervised process is needed to appoint an administrator, pay debts, and distribute assets under the intestacy rules. If all assets pass by beneficiary designation, joint ownership, or trust, or if a small-estate procedure applies, you may avoid full probate.
Disclaimer
This information is educational only and does not constitute legal advice. For advice about a specific situation, consult a licensed Georgia attorney or contact the local probate court.
Helpful Hints
- Make a list of all assets and check titles and beneficiary designations before contacting the court.
- Locate bank statements, deeds, vehicle titles, life insurance policies, and retirement account information.
- Contact the county probate court clerk — they can confirm whether you need to open a probate file and provide forms and filing instructions.
- Ask whether a small-estate affidavit or simplified procedure applies to your situation.
- Keep detailed records of all estate transactions and communications with creditors and beneficiaries.
- If family members disagree, consider mediation or an attorney early to avoid costly litigation later.
- Search the Georgia Code for relevant statutes (O.C.G.A. Title 53) at the Georgia General Assembly site: legis.ga.gov.
- Use the Georgia Judicial Branch website for plain-language resources about probate practice: georgiacourts.gov.