Understanding the Georgia Probate Court Process for Real Estate

Introduction

Probate court can feel intimidating, but the process is actually straightforward once you understand the steps. Here’s how Georgia probate works when a house or other real estate is part of the estate.

Step 1: File in the Right County

Probate starts in the probate court of the county where the deceased lived. Each court uses the same standard forms, available at the Council of Probate Court Judges of Georgia.

Step 2: Notify Heirs and Creditors

The court requires you to notify all heirs and sometimes publish a notice in the local newspaper so creditors can come forward.

Step 3: Receive Court Authority

Once approved, the court issues:

• Letters Testamentary (if there’s a will), or

• Letters of Administration (if no will).

This gives the executor or administrator authority to manage estate property.

Step 4: Handle Estate Property

The executor can then:

• Pay off debts

• Maintain or sell real estate

• Distribute remaining assets to heirs

If selling property, the court may require you to file a Petition for Leave to Sell.

Step 5: Close the Estate

Once everything is handled, you’ll file a final accounting or petition for discharge to officially close the estate.

Every Georgia county (like Henry, Clayton, Gwinnett, Dekalb, or Fulton) may have small differences in forms or fees, so always double-check with your local probate court clerk.

Navigating the Georgia probate court system doesn’t have to be stressful. I help families simplify the process and sell estate homes efficiently.
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Disclaimer: These examples are for informational purposes only and are not legal advice. It is recommended to consult with a legal professional to draft a disclaimer that fits your specific needs and complies with all relevant laws.