Probate can seem overwhelming, especially when dealing with legal timelines. Understanding how long each step takes helps you plan accordingly. In Georgia, the probate process varies based on the complexity of the estate and any potential disputes.
Filing the petition
The probate process begins when the executor or an interested party files a petition with the probate court. In Georgia, this typically happens within a few weeks of the person’s passing. If a will exists, the executor named in the document submits it for validation. If no will exists, an administrator takes on the role. The court usually reviews and approves the petition within a few weeks.
Notifying heirs and creditors
Once the court accepts the petition, all heirs and beneficiaries receive formal notice. Creditors also have three months to submit claims against the estate under Georgia law. The executor publishes a notice in a local newspaper for four consecutive weeks to alert any unknown creditors.
Inventory and appraisal
The executor creates an inventory of the deceased’s assets and determines their value. While Georgia law does not always require an official inventory, complex cases benefit from it. Depending on the estate’s size, this process can take several months.
Paying debts and distributing assets
Before distributing assets, the executor settles all outstanding debts, including taxes. In Georgia, state law requires settling valid creditor claims before heirs receive their inheritances. This process typically takes six months to a year, depending on the number of claims and available funds.
Closing the estate
Once the executor pays debts and distributes assets, they submit a final report to the probate court. If no disputes arise, the court approves the closing of the estate. This usually happens within a year, but complex estates with legal challenges can take longer.
Probate completion timeline
In Georgia, the entire probate process generally takes six months to a year. If disputes arise, such as will contests or disagreements among heirs, the process can extend beyond a year. Proper estate planning reduces delays and simplifies the process.
