1. Does an estate need to be opened?
Not every death leads to a full estate. Whether one is needed depends on the property, the debts and the heirs. Ask your county court what it requires before you file.
GPCSF 9
Petition for Order Declaring No Administration Necessary
Asks the court to declare that no administration is needed. The court decides whether that fits your situation.
2. Open the estate
Which forms you use depends on whether the decedent left a valid will. The court names the person who will run the estate and issues letters that prove their authority.
No will
GPCSF 3
Petition for Letters of Administration
Asks the court to appoint an administrator when there is no will, and lists the heirs.
GPCSF 2
Petition for Temporary Letters of Administration
Short-term authority while the full petition is pending, when the estate needs protecting right away.
With a will
GPCSF 4
Petition to Probate Will in Common Form
Asks the court to admit a will when no one is expected to challenge it.
GPCSF 5
Petition to Probate Will in Solemn Form
Asks the court to admit a will after formal notice to the heirs. Used when a challenge is possible.
GPCSF 7
Petition to Probate Will in Solemn Form and for Letters of Administration with Will Annexed
Admits the will in solemn form and asks for letters with will annexed, for example when the will names no executor or the named executor cannot serve.
GPCSF 8
Petition for Letters of Administration with Will Annexed – Will Previously Probated
For when the will has already been probated and someone new needs to be appointed to administer it.
3. Bond, oath and waivers
Before letters issue, the person appointed usually posts a bond and takes an oath. Some requirements can be waived with the court's approval.
GPCSF 21
Bond of Administrators, Conservators & Executors, Etc.
The bond: a promise, usually backed by a surety company, that the representative will handle the estate properly.
GPCSF 32
Petition by Personal Representative for Waiver of Bond and/or Grant of Certain Powers
Asks the court to excuse the bond or grant certain powers. Read the form's instructions for who must consent or receive notice.
Supp. 4
Guardian/Conservator/Personal Representative Oath
The oath the person appointed signs.
GPCSF 53
Commission to Administer Oath
Used when the oath has to be taken away from the court. Ask your county whether you need it.
4. Run the estate
Collect the assets, notify creditors, pay debts and keep records. Some actions need the court's permission first.
GPCSF 13
Petition of Personal Representative for Leave to Sell Property
Asks the court's permission to sell estate property when permission is required.
GPCSF 71
Petition for Leave to Sell Perishable Property by Personal Representative
Asks permission to sell property that loses value quickly if it is not sold.
GPCSF 20
Petition for Leave to Encroach on Corpus
Asks the court's permission to use principal, not only income, in certain situations.
5. Inventory and annual returns
The state's standard forms do not include an estate inventory or an annual return. Each county publishes its own, and the layouts differ. This is the part of the process that trips people up.
Paid guide
The Georgia Estate Inventory and Annual Return Guide
Your dates, how to value assets, how to complete the inventory, how to keep the books, and how to prepare each annual return. Includes a worksheet workbook and a deadline calculator.
See what is inside
Key dates, free
Creditor notice
Published within 60 days of qualifying
Inventory
Within six months of qualifying
Annual return
Within 60 days after each anniversary
You qualify as personal representative when the court issues your letters. Based on O.C.G.A. 53-7-30, 53-7-41 and 53-7-67. The court can extend or change dates by order, so confirm every date with your court.
6. Close the estate
When the debts are paid and the property is distributed, the representative asks the court to discharge them from the job.
GPCSF 33
Petition for Discharge of Personal Representative
The final step. Asks the court to discharge you once the estate has been settled. Your county may have extra requirements.
Stop and talk to a Georgia lawyer if
- The estate's debts may be larger than its assets.
- Someone is contesting the will, your appointment or your accounting.
- The estate owns a business, farmland or property in another state.
- You cannot find or identify an heir.
- A creditor has sued or threatened to sue the estate.