Georgia Probate Checklist: Every Step an Executor Must Complete

Being named executor in a Georgia will gives you legal authority over someone's entire estate — and statutory deadlines that start running the moment you qualify. Missing a step doesn't just slow things down; it can create personal financial liability. This checklist organizes the full administration process chronologically so nothing falls through the cracks.

Immediate Steps (Days 1–14)

Secure the original will. If the original will is in a safe deposit box, you may need a court order to access it. Bank boxes are often frozen at death — contact the bank immediately about their access procedures for decedent boxes.

Obtain the death certificate. The funeral director files it with the Georgia Department of Public Health within 72 hours of death. Order at least 8–10 certified copies. You'll need them for the probate court, banks, Social Security, pension administrators, life insurance carriers, vehicle titles, and real estate transfers.

Notify Social Security. Call 1-800-772-1213 to report the death. If the decedent received Social Security benefits, any payment deposited after the month of death must be returned.

Locate and review estate planning documents. Find the will, any trusts, advance directives, and beneficiary designation forms for retirement accounts and life insurance. These determine which assets pass outside of probate.

Do a preliminary asset triage. List every asset and determine how it's titled. Assets held jointly with right of survivorship, or with POD/TOD designations, pass directly to the named survivors without probate court involvement.

Opening the Estate (Weeks 2–6)

Select the correct probate form. The form you file depends on whether a will exists and which probate route applies:

• GPCSF 5 — Probate Will in Solemn Form (standard choice; immediately conclusive)
• GPCSF 4 — Probate Will in Common Form (faster but contestable for 4 years)
• GPCSF 3 — Letters of Administration (no will)
• GPCSF 9 — No Administration Necessary (qualifying intestate estates only)

See the standard forms overview for a full breakdown.

File in the correct county. Jurisdiction is the county where the decedent was domiciled — not where they died, not where real property is located. Filing in the wrong county guarantees rejection.

Address the bond requirement. Bonds are generally required under O.C.G.A. § 53-6-51. Check whether the will waives it. If not, all heirs can unanimously waive using GPCSF 32. Commercial surety bond approval depends on the executor's credit and financial background.

Take the fiduciary oath and receive Letters Testamentary. Once the court approves the petition and resolves the bond, you take the oath and the clerk issues Letters. Order at least 6 certified copies — they're your proof of authority for every subsequent transaction.

Within 60 Days of Qualifying

Publish the Notice to Debtors and Creditors. This is mandatory under Georgia law: publish once per week for four consecutive weeks in the county's official legal organ (a designated local newspaper). Keep proof of publication — you'll need it for the final discharge petition.

Open a dedicated estate bank account. All estate funds must flow through a separate account in the estate's name. Commingling personal funds with estate funds is a breach of fiduciary duty.

Notify financial institutions. Present certified copies of the death certificate and Letters Testamentary to each bank, brokerage, and retirement account custodian. Freeze accounts you need to protect while you assess solvency.

Contact life insurance carriers and pension administrators. File claims with life insurance companies. Notify pension or retirement plan administrators and request beneficiary claim forms.

Notify the Social Security Administration of your appointment as executor (separate from the initial death notification).

Within 6 Months of Qualifying

File the estate inventory with the probate court. Under O.C.G.A. § 53-7-30, the inventory must include all probate assets with date-of-death valuations. File it with the court and mail a copy to all heirs and beneficiaries. The requirement can be waived by the will or unanimous heir consent.

Keep a running record of all estate income. If the estate earns over $400 in gross income during administration, you'll need to file Georgia Form 501 (Fiduciary Income Tax Return) and the federal Form 1041.

Handle vehicle transfers. For vehicles transferred to immediate family members, bring Form T-20 (Affidavit of Inheritance), Form MV-16 (Affidavit to Certify Immediate Family Relationship), the Letters Testamentary, and the death certificate to the county tag office. This secures the 0.5% TAVT family transfer rate instead of the standard 7%.

Address real estate titles. Real estate requires either an Executor's Deed or Assent to Devise to transfer title to the beneficiary. A PT-61 form must be filed through the GSCCCA portal to declare real estate transfer taxes before any deed can be recorded by the superior court clerk. See executor's deed in Georgia for the mechanics.

After the 3-Month Creditor Window Closes

Compile all creditor claims and assess solvency. Once the three-month creditor claim window has closed (three months from the last publication date), you know the full extent of estate liabilities.

Pay debts in the statutory order. O.C.G.A. § 53-7-40 mandates this exact sequence:

1. Year's Support
2. Funeral expenses
3. Administration expenses (court fees, attorney fees, bond premiums)
4. Last illness expenses
5. Unpaid taxes
6. Secured debts and liens
7. All other unsecured claims

Paying out of order creates personal liability. Do not skip ahead to settle debts with aggressive creditors before higher-priority obligations are addressed.

Obtain court authorization for real estate sales if needed. If you must sell real estate to pay debts and the will doesn't grant independent sales power, file GPCSF 13 (Petition for Leave to Sell Property).

Closing the Estate

Prepare the final accounting. Document every dollar received, paid, and distributed. This accounting supports your Petition for Discharge and must reconcile with the inventory filed earlier.

Calculate executor compensation. Under O.C.G.A. § 53-6-60: 2.5% on all cash received, 2.5% on all cash paid out, 10% on interest earned, and up to 3% (judge's discretion) on in-kind property distributions. Do not apply the cash rates to real estate delivered in kind — that's a breach of fiduciary duty.

Distribute remaining assets to beneficiaries. Obtain signed receipts from each beneficiary acknowledging the distribution.

File GPCSF 33 — Petition for Discharge of Personal Representative. The court requires:

• Proof that the creditor notice was properly published and the three-month window has elapsed
• Proof that all inventories and returns have been filed
• Certification that all valid claims have been satisfied
• Documentation that all assets have been distributed

Receive the Final Order of Discharge. Once the court approves the petition, the Final Order is issued — releasing you from the executor role and from any future liability related to the administration.

Annual Requirements (If Applicable)

For estates that extend beyond one year, the executor must file Annual Returns with the probate court detailing all financial activity unless the beneficiaries have formally waived this requirement.

Georgia's probate process is procedurally rigid, but it's workable with the right preparation. The Georgia Probate Process Guide includes this checklist in expanded form alongside deadline trackers, plain-English form instructions, and a creditor management worksheet designed for Georgia's specific statutory framework.

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