$0 Georgia — Funeral Consumer Rights Checklist

What to Do When Someone Dies in Georgia: First Steps Checklist

The first hours after a death are disorienting, but certain things have hard deadlines and sequence dependencies. Georgia law imposes a 72-hour window for filing a death certificate. The right of disposition can be forfeited if not exercised within three days of death. Storage fees begin accruing at funeral homes almost immediately. Knowing what needs to happen first — and why — takes some of the chaos out of a chaotic time.

In the First Few Hours

Pronounce the death. If the death occurred at home, contact the physician who was treating the deceased (or hospice, if in hospice care). They will issue the official pronouncement. If no physician is available or the death was sudden, unexpected, or violent, call 911. First responders will contact the county coroner or medical examiner.

Do not move the body without authorization. If a medical examiner becomes involved (sudden, violent, or unexplained deaths), the body cannot be moved until the medical examiner releases it. Attempting to move remains without authorization can complicate the investigation.

Contact a funeral home or begin arranging directly. You can call a funeral home at any hour — most operate 24/7 for initial contact. The funeral home will coordinate transportation of remains, begin the death certificate filing process, and help with the disposition permit.

Identify who has the right of disposition. Under O.C.G.A. § 31-21-7, only the legally authorized next of kin can make funeral arrangement decisions. This right can be forfeited if not exercised within two days of receiving notification of the death, or within three days of the death itself. Establish who that person is immediately — especially in blended families or situations where multiple siblings are involved.

Within 72 Hours

Death certificate must be filed. Georgia law requires the death certificate to be filed within 72 hours of death. In practice, the funeral director coordinates this through the ROVER (Registration of Vital Events and Records) system with the certifying physician. If the medical examiner is involved, the final certificate may take longer, but an initial filing must still occur within the window.

Secure the disposition permit. Before cremation or out-of-state transport can proceed, the local county registrar must issue a disposition permit. This requires the death certificate to be certified first. Plan for this to take at least 24–48 hours from death in normal circumstances, longer if a medical examiner investigation is underway.

Order death certificates — more than you think you need. Each certified copy costs $25, with additional copies at $5 each. Order at least 8–10 copies upfront. You'll need them for financial institutions, the probate court, life insurance companies, government agencies, vehicle title transfers, and any pension or retirement account claims.

Locate the Advance Directive or Will. If the deceased had a Georgia Advance Directive for Healthcare, the designated health care agent is at the top of the disposition hierarchy. If a will exists, locate the original — Georgia law requires anyone in possession of a will to file it with the county probate court. These documents govern both the funeral decisions and the estate process that follows.

Within the First Week

Notify Social Security. The funeral home typically notifies Social Security of the death as part of their process, but confirm this. If the deceased was receiving Social Security benefits, payment for the month of death may need to be returned. Surviving spouses and dependent children may be eligible for survivor benefits and should contact the SSA directly.

Notify life insurance companies. Each policy requires a certified copy of the death certificate and a completed claims form. Contact each insurer as early as possible since processing can take weeks.

Contact the deceased's employer or pension administrator. If the deceased had an employer-sponsored retirement plan, pension, or life insurance through work, notify the HR department promptly. There may be time-sensitive decisions about survivor benefit elections.

Notify banks and financial institutions. Bring a certified death certificate to each institution to establish your authority to access accounts. Accounts held in the deceased's name alone will typically be frozen pending probate, unless they have a designated beneficiary or are held jointly. Accounts with joint owners or designated beneficiaries transfer outside of probate.

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Within 30 Days

Determine whether probate is needed. Not every Georgia estate requires full probate. If the estate has no significant debts and all heirs agree on distribution, a "No Administration Necessary" petition may be available. If assets are small, the $15,000 small estate banking affidavit (O.C.G.A. § 7-1-239) can allow families to access bank accounts without court involvement. A surviving spouse with minor children should also consider Georgia's unique "Year's Support" petition, which can protect assets from unsecured creditors.

File the will with the probate court if probate is needed. Even if you don't yet know whether to open full probate, Georgia law requires the will to be filed. In Fulton County, the initial filing fee for a Solemn Form probate petition is $209 plus a mandatory $180 publication fee if the estate includes real property.

Cancel subscriptions, update addresses, and begin notifying agencies. Work through the deceased's accounts systematically — utilities, credit cards, magazine subscriptions, DMV records, voter registration. Some agencies require a death certificate; others need only a phone call.

What Can Go Wrong

The most common and costly mistakes in the first 72 hours are:

  • Not knowing who has disposition authority. If the wrong person authorizes cremation, or a family dispute erupts and reaches the funeral home in writing, the funeral home can halt all proceedings while fees continue.

  • Choosing embalming by default. Georgia does not require embalming for cremation or immediate burial. Families often pay $600–$900 for it without realizing it was optional.

  • Underordering death certificates. Ordering only 2–3 copies and then waiting weeks for reorders slows every downstream process.

  • Misunderstanding the 4-year probate trap. If you're dealing with real estate in the estate, filing for Common Form (expedited) probate opens a 4-year window during which no title company will underwrite a sale of that property. Solemn Form probate eliminates this risk.

The Georgia Funeral Laws & Consumer Rights Guide provides a complete triage checklist for the first 72 hours, the full next-of-kin hierarchy, and step-by-step guidance through the disposition permit process — designed for families operating under deadline pressure.

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