Four Things to Know About Probating a Will in Georgia

By Whitney Knox Lee, Esq.

Probating a will in Georgia can be an overwhelming and confusing process that your family may not know how to handle on your own. There are many components and working with an attorney, although not required, does help. Here are a few key things to know about the process of probating or administering an estate in Georgia.

1. "Probate" means to prove a Last Will and Testament.

   
   

   Probating a will requires a legal process overseen by a probate court judge. That judge will decide whether the will is valid and will appoint and authorize an Executor to manage paying bills and distributing assets on behalf of the estate of the person who passed away (the "decedent").

   
   

2. Most estate's will need to go through a probate process.

   
   

   In general, any gift of personal or real property that isn’t given through a Trust, joint ownership, or a beneficiary designation must be supervised by a judge. Even if someone has a will, the will itself doesn’t authorize distribution of assets—it simply tells the Judge what the person wanted to happen to their possessions.

   
   

   Common examples of assets that typically require probate include:

   
   

   🏠 Real estate owned individually by the person who passed instead of being owned with co-owners.

   
   

   🏦 Bank accounts without a payable‑on‑death beneficiary

   
   

   🪙 Collectibles, heirlooms, and other individually owned personal property

   
   

3. Probate can take a long time.

   
   

   Timelines vary widely. In Fulton County, the average probate process takes about two years. Some cases qualify for an expedited process, which may shorten the timeline to six months to a year, but that depends on the specifics of the case.

   
   

   While the case is pending in probate court, loved ones may be locked out of bank accounts, mortgage companies and life insurance companies may refuse to speak with the family that is left behind.

   
   

4. The probate process can deplete the value of the estate.

   
   

   Going through a probate process can cost thousands of dollars. Costs can be difficult to predict because they depend on several factors like:

   1. Whether an attorney is involved

   2. Whether there are family disputes or creditor claims

   3. Whether real estate must be sold

   4. Fees charged by executors, appraisers, and other professionals

      
      

   As a general rule, probate expenses often total between 1–10% of the estate’s value. Executors and other family members usually pay these costs upfront and request reimbursement once the process is complete.

How We Support Families

At Wills for the People, we work to reduce the stress and uncertainty of probate in two ways: we guide families through proactive planning that allows families to transfer assets without court involvement; and we provide legal representation and advisement for those navigating probate in Georgia.

Clarity is a gift. Whether you’re planning ahead or navigating probate right now, our team is here to guide you with compassion, strategy, and support.

Reach out to our team at team@willsforthepeoplega.com or schedule your probate consultation today by clicking here. You will get through this.