Step-by-step guide to administering a loved one’s estate in Georgia

Disclaimer

This article is educational only and is not legal advice. I am not a lawyer. For assistance specific to your situation, consult a licensed Georgia attorney or the probate court in the county where the decedent lived.

Detailed answer: what to do after your mother dies (Georgia)

When a person dies in Georgia, close family or an appointed representative normally must take certain steps to collect assets, pay debts and distribute property. Below is a practical, step-by-step roadmap you can follow. Exact procedures can vary by county and by whether your mother left a valid will.

1. Immediate practical steps

Obtain certified copies of the death certificate from the funeral home or the county vital records office. You will need multiple certified copies for banks, government agencies and insurers.
Locate important documents: will, trust documents, life insurance policies, deeds, recent bank and investment statements, retirement account paperwork, Social Security information, and any funeral pre‑arrangement documents.
Secure property: make sure the home, vehicles and valuables are safe. Change locks if necessary. Don’t distribute assets yet—estate distribution usually must wait until probate or administration is complete.
Contact financial institutions and relevant companies to notify them of the death. They will tell you their required documentation for releasing funds or freezing accounts.

2. Determine whether there is a valid will

If you find a document you believe is a will, do not destroy it. Usually the person named in the will as executor should file it with the probate court. If there is no will, the estate will be administered according to Georgia’s intestacy rules (statutory distribution).

Georgia’s decedents’ estates are governed by state law (O.C.G.A. Title 53). For general statutory text and chapter listings see the Georgia General Assembly website: Georgia General Assembly (O.C.G.A. Title 53).

3. Identify the proper court and start probate or another administration process

Most probate matters in Georgia are handled by the probate court in the county where the decedent lived at death. Depending on the county, some matters may also be handled by superior courts. Visit Georgia Courts for local court information: Georgia Courts.

Basic options include:

Probate of a will and formal administration if there is a valid will and significant assets.
Administration without a will (intestate administration) if there is no will.
Small estate procedures or affidavit processes for limited-assets estates in some circumstances—check with the local probate court to see if the estate qualifies.

4. Petitioning the probate court and appointment of a personal representative

The person named as executor in a will typically petitions the probate court to admit the will and be appointed as personal representative (sometimes called executor or administrator). If there is no will, an interested person (often the closest family member) petitions to be appointed administrator. The court issues letters testamentary or letters of administration which provide legal authority to act for the estate.

5. Inventory, appraisal and management of assets

Prepare an inventory of the estate’s assets, including bank accounts, investments, real property, personal property, vehicles, life insurance proceeds that pass to the estate, and digital assets.
Obtain appraisals when necessary (e.g., for real property or valuable personal property).
Manage assets prudently while the estate is open—pay mortgages, property taxes and maintain insurance on real property.

6. Notice to creditors and paying debts

The personal representative must identify and pay valid debts of the estate. The probate court or Georgia statutes govern how creditors are notified and the time allowed to present claims. Contact the probate court to learn the county’s procedures and timelines, and consider consulting an attorney if there are significant creditor claims or contested debts.

7. Tax filings

File the decedent’s final federal and state income tax returns for the year of death. The estate may also need to file income tax returns for any estate income received during administration.
Georgia currently does not have a separate state estate tax, but you should confirm current tax rules with the Georgia Department of Revenue: Georgia Department of Revenue.
If the estate is large enough to be subject to federal estate tax, federal estate tax returns may be required.

8. Distribution to beneficiaries

After debts, taxes and administrative expenses are paid and the required waiting periods have passed, the personal representative can distribute remaining assets to beneficiaries under the will or under Georgia’s intestacy rules if there is no will. Georgia’s intestacy and distribution rules are found in O.C.G.A. Title 53; see the Georgia General Assembly site for statute text: Georgia General Assembly (O.C.G.A. Title 53).

9. Closing the estate

Once final accounting is prepared and approved by the court (if required), and beneficiaries have received their distributions, the personal representative petitions the court to close the estate. Keep detailed records of all transactions and filings—courts and beneficiaries may request documentation.

When you should get professional help

There are disputes about the validity of the will or about who should be appointed administrator.
Significant assets, complex investments, business interests, or large tax exposure exist.
There are creditor claims that could affect distributions.
You are unsure how to interpret the will or Georgia intestacy rules.

For help, look for a probate or estate attorney licensed in Georgia. You can also get basic procedural information from the probate court clerk in the county where your mother lived.

Helpful hints

Order multiple certified death certificates—some organizations insist on originals.
Do not distribute assets until authorized. Premature distributions can create personal liability for the person who distributes property.
Keep an organized file with copies of all filings, account statements, receipts and correspondence regarding the estate.
If your mother had a trust, some assets may pass outside probate. Locate trust documents and consult an attorney or the trustee for next steps.
Notify Social Security, Medicare, and other government agencies as appropriate. Social Security: ssa.gov.
Ask the probate court clerk about small estate procedures in that county—some estates can be settled with simplified paperwork.
Be aware of deadlines: courts and statutes set time limits for filing petitions, notices and creditor claims; check with the probate court or an attorney to confirm specific deadlines.

Useful Georgia resources

Georgia General Assembly (state statutes, including O.C.G.A. Title 53 on decedents’ estates): https://www.legis.ga.gov
Georgia Courts (local court information and links to county probate courts): https://georgiacourts.gov
Georgia Department of Revenue (tax guidance): https://dor.georgia.gov

If you want, tell me whether your mother left a will, the county she lived in, and whether there are sizable assets or debts. I can give a more tailored checklist and suggest questions to ask a local probate attorney.