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Calculator Updated: April 2026

Georgia Probate Fee Estimator

Estimate mandatory executor commissions and attorney fees based on Georgia probate code.

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*This guide is for educational purposes only and does not constitute legal advice.

Probate in Georgia is significantly different from other states due to its unique 'Year’s Support' statute and streamlined 'No Administration' process. Georgia is considered a 'debtor-friendly' state for surviving spouses. Executor fees are calculated based on cash flow, not the gross value of assets.

The '0% Fee' Rule on Houses

Crucial Warning: Executors in Georgia earn a commission on cash handled. If a house is worth $500,000 and you simply transfer the deed to the heirs, the executor fee on that house is usually $0. The 5% fee applies only if the house is SOLD by the executor during probate.

The 2.5% + 2.5% Formula (OCGA § 53-6-60)

Georgia statutes do not use a sliding scale. Instead, the Administrator/Executor is entitled to:

  • 2.5% on all sums of money received.
  • 2.5% on all sums of money paid out (debts/distribution).
  • 10% Extra commission on interest earned (if managed well).

The 'Year’s Support' Superpower

This is Georgia's most famous probate tool. A surviving spouse or minor children can petition for Year’s Support (OCGA § 53-3-1).

If granted, the court awards assets to the family ahead of all unsecured debts. This means you could potentially inherit the house and car while credit card companies and hospitals get $0. Read our guide on Georgia Year’s Support & No Admin.

Timeline & Steps

Common Form Probate typically takes 6 to 8 months. However, 'No Administration' can be done in weeks.

1. Petition to Probate

File 'Solemn Form' (more final) or 'Common Form' (easier but revocable) with the County Probate Court.

2. Oath & Letters

The Executor takes an oath. The court issues 'Letters Testamentary'.

3. Notice to Debtors

Publish a notice in the local legal organ (newspaper) for 4 weeks.

4. Discharge

Six months after appointment, if debts are paid, file a Petition for Discharge to close liability.

Don't Let Probate Eat Your Inheritance

A Living Trust can bypass this entire process.

See How to Avoid It →

Frequently Asked Questions

Does Georgia have a Small Estate Affidavit?
Technically, No. Georgia uses a 'Petition for Order Declaring No Administration Necessary' instead. It requires agreement from all heirs and creditors. There is also a simple affidavit for bank accounts under $15,000.
What is the 'Year's Support'?
It is a permanent award of property to a spouse or minor child from the estate. It takes priority over most debts (except mortgages). It essentially allows the family to 'skip the line' ahead of creditors.
Do I pay tax on inheritance in Georgia?
No. Georgia does not have an estate tax or inheritance tax. You receive the assets tax-free (though the estate may owe federal taxes if over $13M).
What if there is no Will?
You file for 'Letters of Administration.' Assets are distributed according to Georgia intestate laws (Spouse and Children split it, but Spouse gets at least 1/3).
Probate Disclaimer: This calculator provides statutory estimates for informational and educational purposes only. FinanceSmartUSA is not a law firm. Actual probate fees are determined by the court and may vary based on case complexity.