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Do I Need Probate in Georgia?

The honest answer usually hinges on three facts: whether there's a will, whether every heir agrees, and whether the family has already claimed Year's Support — not the size of the estate itself.

O.C.G.A. § 53-2-40, § 53-3-5

By the FigureMyTax Editorial Team · Reviewed 2026 · How we calculate

Quick answer: if there's a will, Georgia generally requires probating it. If there isn't, and every heir agrees with no unresolved debt, the No Administration Necessary petition can avoid a full estate. Check your own situation with the Georgia small estate checker.

Why "small estate" isn't really the Georgia question

In most states, a low enough dollar value alone triggers a shortcut. Georgia's own shortcut — No Administration Necessary — has no dollar cap at all, so the real gatekeeping questions are different: is there a will, do all heirs agree, and are debts resolved? Get any one of those wrong and the size of the estate stops mattering.

A will almost always means probate

If the decedent left a will and the estate holds assets titled in their own name, that will generally has to be admitted to probate — in Georgia's common form (faster, but revisable for four years) or solemn form (final, but requires formal notice to heirs) — before an executor gains legal authority to act on the estate's behalf, regardless of how modest the estate is.

Year's Support: Georgia's other way to shortcut things

A genuinely Georgia-specific tool: under O.C.G.A. Chapter 53-3, a surviving spouse or minor children can file a Petition for Year's Support within 24 months of the death, asking the probate court to set aside property — potentially the whole estate, for a modest one — for twelve months of family support. This claim outranks nearly every other claim against the estate, including most creditors, and can make a full, contested administration unnecessary for a family that simply needs the court to formalize what they're already entitled to.

What passes outside probate no matter the size

Regardless of a will, an heir dispute, or the estate's value, certain assets never enter probate at all: property jointly held with survivorship rights, payable-on-death or transfer-on-death accounts, life insurance and retirement accounts with a living named beneficiary, and anything already titled in a trust. These pass directly to the surviving owner or named beneficiary by operation of law.

The decision, in order

  1. Is there a will? If yes — probate it (common or solemn form).
  2. No will: do all heirs agree on dividing the property, with no unresolved debt? If yes — No Administration Necessary petition.
  3. No will, heirs disagree, or debts unresolved — regular probate administration, with an administrator appointed by the court.
  4. Either way, if a spouse or minor children need support — consider Year's Support alongside whichever path applies.

Year's Support and regular probate both run through the county probate court — Fulton, Cobb, DeKalb, Gwinnett, and the rest of Georgia's 159 counties follow the same statutory rules.

Facing probate in Georgia?

A local probate attorney can review your estate — many offer a free consultation.

Talk to a Georgia attorney

Do I need probate — frequently asked questions

Does having a will always mean Georgia requires probate?

Practically, yes, if the estate holds assets in the decedent's own name. A will generally has to be admitted to probate — in common or solemn form — for the executor to gain legal authority to act, even for a modest estate.

What is Georgia's Year's Support, and does it replace probate?

Year's Support is a petition a surviving spouse or minor children can file within 24 months of death, asking the court to set aside estate property for their support ahead of nearly every other claim. It doesn't replace probate outright, but it can substantially simplify — or in some cases eliminate the practical need for — a full administration for the family's own share.

What assets skip Georgia probate regardless of estate size?

Jointly held property with survivorship rights, payable-on-death and transfer-on-death accounts, life insurance and retirement accounts with a named beneficiary, and anything already held in a trust — these pass directly to the surviving owner or beneficiary outside of probate no matter how large the estate is.

Can heirs disagree and still avoid Georgia probate?

Not through the No Administration Necessary petition specifically — that route requires every heir's unanimous, notarized agreement. Disagreement among heirs, or any single objection, generally routes the estate into a regular probate administration instead.

Keep going

Georgia Small Estate Affidavit CheckerWhich shortcut fits, based on your answers Georgia Small Estate: Limit & How-ToFiling the petition or the bank affidavit Transferring a Car in Georgia Without ProbateForm T-20 at the county tag office Georgia Probate Real Estate Sale CalculatorIf the estate's house needs selling

This page provides general guidance only and is not legal advice. Based on O.C.G.A. § 53-2-40 and Chapter 53-3 (Year's Support). Actual requirements depend on the estate's full facts. Confirm with the county Probate Court or a licensed Georgia attorney before acting.