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Georgia Probate Deadlines: What to File and When

Every hard, statutory date in a Georgia probate — not an estimate, the actual filing windows and clocks set by the Code.

O.C.G.A. Title 53

By the FigureMyTax Editorial Team · How we calculate

Quick answer: the two deadlines that matter most for a Georgia executor are the 60-day window to publish the creditor notice and the 6-month debt-payment protection period that follows. Miss neither and you're on track for the normal 8–18 month range. See the full Georgia probate timeline calculator for your specific estimate.

The core deadlines, in order

DeadlineGeorgia ruleStatute
Publish creditor noticeWithin 60 days of qualifying as PR§ 53-7-41
Notice publication scheduleOnce a week for 4 consecutive weeks§ 53-7-41
Creditor claim window3 months from date of publication§ 53-7-41
Debt-payment protection6 months from qualifying — PR need not pay, generally can't be sued§ 53-7-42
Year's Support petitionWithin 2 years of date of deathO.C.G.A. Title 53, Ch. 3
Common form challenge window4 years from the order (longer for a minor heir)§ 53-5-18

Why the six-month rule matters most in practice

Georgia's O.C.G.A. § 53-7-42 doesn't just protect the personal representative from creditor lawsuits — it functions as the real practical floor under any careful probate administration. Distributing estate assets before this period runs risks the executor personally if an unpaid creditor later surfaces with a valid claim, so most attorneys wait out the full six months even when the estate is otherwise ready to close.

Deadlines the executor doesn't control

Not every clock in Georgia probate is something the executor files or triggers. Year's Support and the common form challenge window both run on their own timelines, driven by the spouse, minor children, or heirs — not the executor's own paperwork. An executor distributing assets should account for both possibilities even while otherwise on schedule.

Facing probate in Georgia?

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

Talk to a Georgia attorney

Georgia probate deadlines — frequently asked questions

When must the Georgia executor publish the creditor notice?

Within 60 days of qualifying as personal representative, under O.C.G.A. § 53-7-41. The notice must then run once a week for four consecutive weeks in the official newspaper of the county where the executor qualified.

How long do creditors have to file a claim in Georgia?

Three months from the date of publication under § 53-7-41. A creditor who misses this window can lose priority against the estate's assets, though claims against the personal representative individually follow a different rule.

What is the six-month rule in Georgia probate?

Under O.C.G.A. § 53-7-42, for six months after qualifying, the personal representative is not required to pay any of the estate's debts, and generally cannot be sued by a creditor to recover them. This effectively sets a floor of about six months before a careful executor distributes the estate in full.

What is the Year's Support deadline in Georgia?

A surviving spouse or minor child must petition for Year's Support within two years of the date of death. Year's Support has priority over nearly all creditor claims and even most specific bequests in the will, so it can affect distribution regardless of what the will says.

How long can a common form probate order still be challenged in Georgia?

Four years from the order, under § 53-5-18 — and a minor heir at the time keeps that right until 4 years after turning 18. This is not a filing deadline the executor controls, but it does mean the estate's title to assets isn't fully settled until that window closes.

Keep going

Georgia Probate Timeline CalculatorYour estimate, based on your answers What Delays Probate in GeorgiaBeyond the statutory floor Common Form vs Solemn FormWhich one is right for your estate Georgia Probate vs Living TrustWould a trust have avoided this?

Estimate for general guidance only, not legal advice. Based on O.C.G.A. § 53-7-41, § 53-7-42, Title 53 Ch. 3 (Year's Support), and § 53-5-18. Confirm current deadlines with the county Probate Court or a licensed Georgia attorney.