What Is Probate?

Probate is the legal process of settling someone’s estate after they pass away — transferring their assets (property, bank accounts, and other belongings) to the rightful heirs or beneficiaries. A court oversees the process to make sure everything is handled properly and that the right people are appointed to manage it.

The exact process depends on one key question:

The First Question: Was There a Will?

If There Is a Will

If your loved one left a valid will, the person named in it (usually called the executor) typically files a Petition to Probate the Will in Solemn Form. Here’s generally how that path works:

1. Locate the original will. Courts require the original document, not a copy.
2. Identify the executor named in the will.
3. Identify the heirs at law — this means the people who would legally inherit if there were no will (spouse, children, etc.), even if they aren’t named as beneficiaries. Georgia law requires all heirs at law to be listed on the petition, regardless of whether they’re named in the will.
4. Notify all heirs. Heirs are formally served — usually by certified mail or through the sheriff’s office — so they’re aware the petition has been filed.
5. Give heirs time to object. Heirs typically have about 30 days to raise an objection. To object, they need a valid legal reason — such as believing the will isn’t valid — not simply disagreeing with who was chosen as executor.
6. If no one objects, the executor takes an oath (in person or virtually) and the court issues Letters Testamentary — the official document proving the executor has legal authority to act on behalf of the estate.
7. If someone does object, the court will schedule a hearing to resolve the dispute before moving forward.

Good to know: In Georgia, this type of petition doesn’t need to be notarized, but it does need to be signed by two unrelated witnesses who are at least 14 years old.

If There Is No Will

If your loved one didn’t leave a will, someone (usually a close family member) files a Petition for Letters of Administration instead. This path looks a little different:

1. Identify the heirs at law — the people who are legally entitled to inherit under state law.
2. Decide who will serve as administrator. This should ideally be someone with the time and understanding to handle the responsibility. All heirs generally need to agree on who this will be.
3. Prepare the Petition for Letters of Administration, listing everything that’s part of the estate — real estate, vehicles, bank accounts, retirement accounts, and any other assets.
4. Each heir who agrees with the chosen administrator will need to sign off on the petition, indicating what powers they’re granting and whether they’re waiving certain requirements (such as bond or periodic reporting).
5. The court publishes notice of the petition in the local newspaper, typically for about four weeks, giving any unknown or unreachable heirs a chance to come forward.
6. Heirs have roughly 10–13 days to file a formal objection if they disagree with the petition once notice has run.
7. A bond may be required if an heir doesn’t waive that requirement — this protects the estate financially.
8. If no one objects, the court grants the petition and formally appoints the administrator.
9. The administrator takes an oath, and the court issues Letters of Administration — the legal document authorizing them to manage the estate.

What Happens After Letters Are Issued?

Once an executor or administrator is officially appointed (whether through Letters Testamentary or Letters of Administration), there are typically a few more steps to fully settle the estate:

• Apply for an EIN (Employer Identification Number) for the estate through the IRS — this is required to open an estate bank account.
• Open an estate account to manage the estate’s finances, pay outstanding debts, and distribute assets.
• Handle real estate, which may include selling property that’s part of the estate.
• Close and discharge the executor or administrator once all estate matters are resolved, officially ending their legal responsibility.

Key Terms to Know