Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer: Checking Whether a Probate Estate Is Opened in Georgia
When someone dies in Georgia, the decedent’s estate may enter probate under O.C.G.A. § 53-12-20. To determine if a probate estate has been opened, follow these steps.
1. Locate the Proper Superior Court
Probate in Georgia proceeds through the Superior Court of the county where the decedent resided at death. If you know the last residence, identify that county’s Superior Court Clerk’s Office.
2. Use Online Case Search Portals
Many counties participate in eFileGA, maintained by the Georgia Superior Court Clerk’s Cooperative Authority (GSCCCA). You can search by the decedent’s full name or case number. If the county offers an online records portal, you may view docket entries, filings, and the case status.
3. Visit or Contact the Clerk’s Office In Person
If no online portal exists, visit the Superior Court Clerk’s Office. Provide the decedent’s name and date of death. Clerks can confirm whether an estate administration matter is filed and provide a case number or direction to published notices.
4. Check Probate Notice Publications
Georgia law often requires public notice of petitions for administration. See O.C.G.A. § 53-12-261. Notices run in the county’s official legal organ (newspaper). Reviewing recent issues may reveal if the estate entered probate.
5. Review Court Docket and Final Disposition
Once you have the case number, continue monitoring the docket. You can confirm when letters of administration or testamentary issue and when the estate closes. Closing documents often appear under “Final Account” or “Petition for Discharge.”
Helpful Hints
- Gather accurate details: full legal name, date of death, and last residence.
- Check state-wide filings: some Georgia counties share records via GSCCCA.
- Note filing fees: counties may charge for certified copies or searches.
- Consider a title search: real estate records sometimes reference probate cases.
- Keep records: maintain copies of any notices or clerk correspondence.