How much does probate cost in Georgia?

Probate in Georgia typically costs 3% to 8% of the gross estate. The main components are the executor commission (statutory: 2.5% of money received plus 2.5% of money disbursed under O.C.G.A. section 53-6-60), attorney fees (negotiated - often a $3,000-$8,000 flat fee for uncontested estates), the court filing fee (about $165-$210, set under O.C.G.A. section 15-9-60 and varying by county), and publication of the creditor notice (about $80).

Can I avoid probate in Georgia for a small estate?

Yes. Georgia allows a financial-institution affidavit for bank accounts up to $15,000 (O.C.G.A. section 7-1-239), and an Order Declaring No Administration Necessary (O.C.G.A. section 53-2-40) with no dollar cap for intestate estates when all debts are paid and every heir agrees on the distribution.

How much does it cost to file for probate in Fulton County (Atlanta)?

In Fulton County the petition to probate a will (form GPCSF-5) is about $164, and the four-week creditor publication adds roughly $80. Fees are set under O.C.G.A. section 15-9-60 and can change - confirm the current amount with the Fulton County Probate Court.

Georgia Probate Cost Calculator, Free Estimate

Q: What is the executor fee in Georgia?

Under O.C.G.A. section 53-6-60, a Georgia executor is entitled to 2.5% of all money received into the estate and 2.5% of all money paid out - roughly 5% of the funds handled - plus 10% of any interest earned. On a $500,000 cash estate the commission is about $25,000.

How probate costs work in Georgia

Probate is the court-supervised process of validating a will (if there is one), paying the deceased person's debts and taxes, and distributing what remains to the heirs. In Georgia, probate is handled by the Probate Court of the county where the person lived — whether that's Fulton County (Atlanta), Chatham County (Savannah), Richmond County (Augusta), Muscogee County (Columbus), Cobb, Gwinnett or DeKalb. The statewide rules are the same; only the county filing fee varies slightly.

The total cost of probate in Georgia usually lands between 3% and 8% of the gross estate, and it is made up of four main parts:

1. Executor commission (statutory)

This is the one fixed, predictable cost. Georgia law sets the executor's (personal representative's) commission by statute:

O.C.G.A. § 53-6-60: the executor receives 2.5% of all money received into the estate and 2.5% of all money paid out — roughly 5% of the funds that flow through the estate — plus 10% of any interest earned on estate money, and reasonable compensation for property delivered in kind.

On a $500,000 cash estate, that commission is about $25,000. The executor can legally waive this fee, and family members who are also beneficiaries often do — because the commission is taxable income to them, while an inheritance generally is not.

2. Attorney fees (negotiated — not statutory)

Unlike states such as California or Florida, Georgia has no statutory attorney fee schedule. Attorneys are paid a "reasonable" fee reviewed by the probate court. In practice, most Atlanta-area firms charge a flat fee of roughly $3,000 to $8,000 for an uncontested estate. If the will is contested or the estate is complex, hourly billing can push fees well above $20,000.

3. Court filing & publication fees

The filing fee to open the estate is set under O.C.G.A. § 15-9-60 and varies by county — typically $165 to $210 (Fulton County, Atlanta, is about $209; the GPCSF-5 petition itself is roughly $164). Georgia also requires publishing a four-week notice to creditors, which adds about $80. Certified copies, recording fees and, if required, an executor's bond add smaller amounts.

4. When probate can be skipped in Georgia

Not every estate needs full probate. Georgia offers two shortcuts:

Deceased-depositor affidavit — a narrow bank path: if no one opens an estate within 45 days, a bank may release up to $15,000 to cover funeral and last-illness expenses (O.C.G.A. § 7-1-239). It is not a general small-estate affidavit.
Order Declaring No Administration Necessary — no dollar cap, available for intestate estates when all debts are paid and every heir agrees on how to divide the estate (O.C.G.A. § 53-2-40).

A revocable living trust avoids probate entirely — no filing fee, no attorney schedule, no executor commission.

Cost component	Georgia figure	Source
Executor commission	2.5% received + 2.5% disbursed	§ 53-6-60
Attorney fee (uncontested)	~$3,000–$8,000 flat	Market / court-reviewed
Court filing fee	~$165–$210 (by county)	§ 15-9-60
Creditor publication (4 weeks)	~$80	County legal organ
Deceased-depositor bank release	Up to $15,000 (funeral/last illness)	§ 7-1-239

Georgia probate cost — frequently asked questions

How much does probate cost in Atlanta / Fulton County?

The executor commission and attorney fees are the same statewide; only the county filing fee differs. In Fulton County (Atlanta) the filing fee is about $209 and the petition to probate a will (GPCSF-5) is roughly $164. For a $500,000 uncontested estate, expect roughly $30,000–$42,000 all-in, most of it the executor commission and attorney fee.

Is the executor fee in Georgia taxable?

Yes. The IRS treats the executor commission as ordinary income, not as an inheritance. That is why executors who are also heirs frequently waive it — the inheritance is generally tax-free, but the commission would be taxed at their income rate.

Do I need an attorney for probate in Georgia?

No — Georgia does not require an attorney to probate an estate. Many simple, uncontested estates are handled without one. An attorney becomes valuable when the estate is large, involves real estate in more than one county, has creditor disputes, or the will is contested.

What is the small estate limit in Georgia?

Georgia's main no-probate route is the "Order Declaring No Administration Necessary" (O.C.G.A. § 53-2-40): it has no dollar cap but is only for intestate estates and requires that all debts are paid and all heirs agree on the distribution. Separately, a bank may release up to $15,000 for funeral and last-illness costs under § 7-1-239.

How long does probate take in Georgia?

Most Georgia estates settle in 8 to 18 months; simple estates can close in 6–12. The minimum is driven by the four-week creditor publication plus roughly three months for creditor claims.

This calculator provides an estimate for general guidance only and is not legal or financial advice. Figures are based on Georgia statute (O.C.G.A. § 53-6-60, § 15-9-60, § 7-1-239, § 53-2-40) and typical county fee ranges. Actual costs depend on the estate's assets, county, complexity, and whether disputes arise. Executor commissions on in-kind property, extraordinary services, bonds, and contested matters are not fully modeled here. County filing fees change over time — confirm the current figure with the county Probate Court or a licensed Georgia attorney before acting.