Georgia Probate Court Recommended Forms and General Instructions

 The first step is to determine whether the individual who has died left a will. If there is a will, then the executor or some other person may offer the will for probate in the Probate Court.

Even if the will is not going to be probated, anyone who is in possession of the will of a decedent must bring the will to the Probate Court for filing.

If there is no will, then the usual procedure is to have an administrator appointed to take care of the decedent’s estate. Whether or not there is a will, if a spouse or minor child (under age 18) survives the decedent, they may want to consider whether to file for Year’s Support. 

 People are not required to have a lawyer to represent them, but in most cases, it is advisable to have a lawyer.

The Clerks of the Probate Court may not serve as your legal advisors, and you should not expect them to perform legal or clerical services for you. 

The information on this web page and the Probate Court Standard Forms are designed to help you perform simple filings on your own; however, if you find that the filing is more difficult than you expected, you should seek the assistance of an attorney.

When deciding whether or not to hire an attorney, you may want to consider how important the outcome of the case is to you. 

First, a formal document, called a petition, must be filed. The forms are available at the courthouse or online. All forms must be typed and not handwritten.

If you have questions about what to put in a certain blank of a form, you should write down in your own words what happened (or what the circumstances are, or what other factual information is required).

Next, you file the petition and pay the filing fees. The clerks will tell you what fees are due when you have finished filling out the petition.

Notice is given to the people who might be affected if the petition is granted. If no one objects after notice is given and after the deadline for objections has passed, the Court will either have a hearing or will issue an order, depending on the case.