Georgia
Estate law, probate process, and inheritance rules for Georgia — in plain language.
$2,000–$4,000 + 2.5% executor commission per O.C.G.A. §53-6-60
Year's support / informal administration
Year's support: surviving spouse + minor children can claim against estate for 12 months of support
Spouse + descendants: spouse takes equal share with each child, minimum 1/3.
- ✓Must be 18+ and of sound mind
- ✓May be required to post bond unless will waives it
- ✓Must file inventory of estate assets
- ✓Must give notice to creditors per statute
- ⏱Will filed promptly after death
- ⏱Creditor notice: 4 months publication
- ⏱Year's support: must petition within 24 months of death
- ⚠Georgia has unusual 'year's support' doctrine that can trump the will
- ⚠GA does not allow disinheriting a spouse without elective share
- ⚠Outdated beneficiary designations override the will
- ⚠Real estate in another state triggers ancillary probate
- ⚠Joint tenancy with non-spouse can create unintended consequences
- →No state tax burden — focus on probate avoidance
- →Year's support planning if spouse is a concern
- O.C.G.A. Title 53 (Wills, Trusts, and Administration of Estates)
Statute references are for orientation only. Verify current text with your state legislature's website. Not legal advice — consult an attorney licensed in Georgia.
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