To begin the probate process, a notarized petition must be filed with the probate court in the county where the decedent lived, along with the original copy of the will. Most estates use the Petition to Probate Will in Solemn Form, which gives heirs notice of probate, and generally becomes conclusive after six months.^[4]

A Petition to Probate the Will in Common Form may also be employed. This method does not provide notice to heirs, but it will be subject to challenge for four years.^[5]

After the required heirs have been notified and the Petition has been submitted to the probate court, the named executor will need to go to the courthouse to sign an oath administered by a clerk or judge.^[6] If there are no issues with the will or petition, the judge will issue an Order Admitting Will to Probate in Solemn Form and will issue Letters Testamentary that authorize the estate’s representative to administer the estate.

The representative will then be responsible for:

• Notifying beneficiaries within 30 days of appointment.^[7]
• Posting bond (if required).^[8]
• Publishing a Notice to Debtors and Creditors in a local newspaper.^[9]
• Filing a full inventory of the estate with the probate court.^[10]
• Paying the decedent’s debts and taxes.^[11]
• Distributing the estate to beneficiaries.

Once all steps are complete, the executor will file the Petition for Discharge of Personal Representative with the probate court. If everything is in order, the court will grant the executor’s discharge, close the estate, and release them from any liability associated with their administration by executing the Final Order.^[12]

Unlike most other states, Georgia does not have a specific affidavit for small estates, they have a simplified probate process. If there is no will and all creditors and beneficiaries agree, the estate may be able to bypass probate by filing a Petition for Order Declaring No Administration Necessary.