Notifying Heirs When Opening Probate in Georgia: What Notices You Need to Send

Disclaimer: This is general information only and not legal advice. I am not a lawyer. For advice about your particular situation, consult a licensed Georgia probate attorney or the local superior court clerk.

Short answer

When you open a probate estate in Georgia (Superior Court), you generally must notify: (1) the decedent’s known heirs and next of kin, (2) beneficiaries named in the will, and (3) creditors (by mailed notice to known creditors and by publication for unknown creditors). You must file proof of the notices with the court. The exact methods and deadlines are governed by Georgia probate law and local court practice; check Title 53 of the Official Code of Georgia Annotated and your county clerk for requirements.

Detailed answer — what notices are commonly required under Georgia law

1. Who to notify

Known heirs and next of kin: These are people who inherit under Georgia’s intestacy rules if there is no valid will (spouse, children, parents, siblings, etc.). If a will exists, many jurisdictions still require notifying heirs even if the will disinherits them.
Named beneficiaries and devisees: Anyone named in the decedent’s will (legatees, devisees, etc.).
Known creditors: Entities or persons with potential claims against the decedent (medical providers, credit card companies, etc.).
Unknown creditors and unknown heirs: When you cannot identify or locate a person entitled to notice, courts generally allow notice by publication in a newspaper of general circulation.

2. Typical methods of sending notice

Personal service: The most direct method. The court may require personal service of the petition and citation on certain parties.
Certified mail with return receipt: Commonly used to send notices to known heirs, beneficiaries, and known creditors so you have proof of delivery.
First-class mail: In some circumstances acceptable, but certified mail gives stronger proof for the court file.
Publication: Where the law or court allows, publish a statutory notice in a local newspaper to reach unknown heirs or unknown creditors. Keep copies of the affidavit of publication.

3. What proof the court expects

The court usually requires you to file affidavits, return receipts, or other proof that required notices were sent and/or served. Keep originals and file copies with the clerk. Typical proofs include:

Affidavit of service (if personally served)
Certified mail receipts and signed green cards (return receipts)
Affidavit of publication and a copy of the published notice

4. Notices to creditors

Georgia practice separates notice to creditors from notice to heirs/beneficiaries. You will usually need to:

Send mailed notice to known creditors so they can file claims.
Publish a notice to creditors in a newspaper to alert unknown creditors.
File proof of these notices with the court. There are statutory time windows for creditors to present claims; consult the code or an attorney for exact deadlines.

5. Timing and deadlines

Georgia statutes and local court rules set timing for service, publication, and deadlines for claims. Missing a required notice or failing to prove service can delay administration or affect the estate’s liability. Because these timing rules are technical, confirm the precise deadlines in the Official Code of Georgia Annotated (Title 53) or with the probate clerk.

6. Where to look in Georgia law and court resources

Official Code of Georgia Annotated (Title 53 — Wills, Trusts, and Administration of Estates): consult the Georgia General Assembly website for the Code and statutory text: https://www.legis.ga.gov/
Georgia Judicial Branch / Courts website for general probate information: https://www.georgiacourts.gov/
Local superior court clerk or county probate office — they provide filing procedures, forms, and guidance about publication requirements and approved newspapers.

Helpful hints — practical checklist when notifying heirs in Georgia

Start by obtaining a certified copy of the death certificate and filing the initial petition for probate with the Superior Court in the county where the decedent lived.
Make a complete list of potential heirs, beneficiaries named in the will, and known creditors. Use family records, marriage certificates, birth records, and internet genealogical resources to help identify heirs.
Use certified mail with return receipt to send required notices where the law or court requires mail service. Keep the green cards and copies of letters sent.
If someone’s address is unknown, use service by publication. Check the county clerk’s instructions for approved newspapers and the required publication schedule.
File proof of service and affidavits promptly with the probate clerk. The court will usually not act until it has acceptable proof of notice.
Track deadlines for creditor claims and for any required hearings. Missing a deadline can affect the estate’s exposure or delay distribution.
If you’re unsure who counts as an heir or how to serve someone properly, hire a probate attorney or ask the clerk for procedural guidance. Probate rules can be technical and vary by county.

When to get help from a Georgia probate attorney

Consider hiring an attorney if:

The estate is large or includes complex assets (real property, business interests, out-of-state property).
There is a contested will, missing heirs, or a high risk of creditor claims.
You cannot locate or identify heirs or beneficiaries and need to use service by publication.
You want someone to prepare and file notices, proofs of service, inventories, accountings, and petitions correctly with the court.

Closing summary

In Georgia, opening probate usually requires you to notify known heirs, beneficiaries, and creditors and to publish notice when parties are unknown. Use certified mail for known parties, publish in the county’s legal newspaper for unknown parties, and file proof of all notices with the Superior Court. Because statutes set specific requirements and deadlines, consult Title 53 of the Official Code of Georgia Annotated and your local superior court clerk — or speak with a Georgia probate attorney — to make sure you meet all legal obligations.

For statutory text and exact language, start with the Georgia General Assembly’s website: https://www.legis.ga.gov/, and see resources on the Georgia Judicial Branch site: https://www.georgiacourts.gov/.