How Georgia Families Can Navigate Probate With Confidence
If you’ve recently lost a loved one, you might be facing the Georgia probate process for the first time. And for many families, probate feels overwhelming, especially in busy courts serving Metro Atlanta. For many families, probate feels overwhelming, especially in busy courts serving Metro Atlanta. Delays, paperwork errors, and missed deadlines can easily tack months onto an already stressful process.
If you want a broader overview of how Georgia probate and estate planning rules are changing in 2026, including what families should be paying attention to before and after a loss, we break that down in our guide to Georgia probate and estate planning in 2026.
At Hampton & Hampton LLP, our probate attorneys help families across Atlanta and Alpharetta move through probate with clarity, structure, and confidence. Whether your loved one left a will or passed away without one, this guide walks you through how probate works in Georgia, step by step.
Step 1: File the Probate Petition
First things first, probate begins in the probate court of the county where your loved one lived at the time of death.
The petition you file depends on whether there is a will:
- Petition to Probate a Will in Solemn Form, when there is a valid will
- Petition for Letters of Administration, when there is no will
In Metro Atlanta, courts like Fulton County Probate Court handle a high volume of cases. Initial processing typically takes four to eight weeks, depending on court backlog and whether all required documents are submitted correctly the first time.
Why this step matters: Filing errors or missing information are one of the most common causes of probate delays. Getting it right up front can save months later.
Step 2: Appointment of the Executor or Administrator
Once the court approves the petition, it issues legal authority to manage the estate:
- Letters Testamentary, if there is a will
- Letters of Administration, if there is no will
These documents give the executor or administrator the legal power to act on behalf of the estate. Think of them as your official credentials.
Practical tip: Order multiple certified copies. Banks, title companies, and government agencies often require them, and having extras saves time and frustration.
Step 3: Inventory and Valuation of Estate Assets
Georgia law requires the executor to identify and value all probate assets, including:
- Real estate
- Bank and investment accounts
- Vehicles and business interests
- Personal property such as jewelry, collectibles, and furnishings
- Digital assets including online accounts, domains, and cryptocurrency
Accurate valuation is not just a formality. It protects the executor and helps prevent disputes among heirs or objections from the court later on.
Step 4: Pay Debts and Taxes
Before anyone receives an inheritance, the executor must:
- Notify known creditors
- Publish notice to unknown creditors
- Review and pay valid claims
- File the decedent’s final income tax return
- Pay any required estate or fiduciary taxes
This step matters more than many people realize. Executors can be held personally liable for mistakes made during debt and tax administration, so precision here is critical.
Step 5: Distribute Assets to Heirs or Beneficiaries
Once debts and taxes are resolved, assets can be distributed:
- According to the will, or
- Under Georgia intestacy law if no will exists
This stage often includes deed transfers, account retitling, and final court reporting. Clear documentation now helps avoid misunderstandings or disputes later.
Step 6: Close the Estate
Probate officially wraps up when the executor files a Petition for Discharge. After court approval:
- The executor is released from legal responsibility
- The estate is formally closed
- All required reporting is finalized
Until the discharge order is entered, probate is not technically complete, so it is best not to check this off too early.
How Long Does Probate Take in Georgia?
Typical timeline: six to eighteen months
Probate may take longer when:
- Real estate must be sold
- Heirs disagree or contest the estate
- The estate is taxable
The case is filed in high-volume counties such as Fulton or Gwinnett
Atlanta and Alpharetta Probate FAQ
How long does probate take in Georgia?
Most estates take six to eighteen months, depending on complexity and court scheduling.
What assets go through probate?
Assets titled solely in the decedent’s name without beneficiary designations or trust planning.
Does real estate require probate?
Yes, unless it was held in a trust or owned jointly with survivorship rights.
Can probate be expedited?
Yes. Uncontested or smaller estates may qualify for faster procedures.
Do I need a local probate attorney?
Local attorneys understand county-specific court procedures and can help you avoid unnecessary delays. Court rules vary more than many people expect.
Why Families Choose Hampton & Hampton LLP for Probate
Families across Metro Atlanta choose Hampton & Hampton LLP because we help them:
- Avoid common probate mistakes that cost time and money
- Communicate clearly with heirs and creditors
- Manage deadlines and court filings so nothing slips through the cracks
- Reduce stress during an already difficult time
We regularly assist clients throughout Atlanta, Alpharetta, Johns Creek, Roswell, Sandy Springs, Milton, Cumming, and across Fulton, Gwinnett, Cobb, and Forsyth Counties.
Speak With a Georgia Probate Attorney
If you are dealing with the loss of a loved one and feeling unsure about how to begin probate, getting guidance early makes a real difference.
Schedule a consultation with Hampton & Hampton LLP to understand your responsibilities and options before costly mistakes happen. We’re here to help.