Detailed Answer — Documents required to apply for probate appointment and oath in Georgia
This overview explains the standard documents and steps needed to ask a Georgia probate court to appoint a personal representative (executor or administrator) and to take the required oath. This is general information only and not legal advice. Local practice and forms vary by county, so check the probate court in the county where the decedent lived.
Where you file
File your application at the probate court in the county where the decedent was domiciled at death. The court issues the appointment (letters testamentary or letters of administration) after approving the application and administering the oath.
Typical documents the probate court will expect
- Original will (if one exists) — Provide the original signed will. The probate court needs the original for probate of the will; bring at least one copy for the court file.
- Certified death certificate — A certified (long-form) death certificate for the decedent.
- Petition or application for appointment — A completed probate application or petition asking the court to admit the will (if any) and appoint the personal representative. Many counties provide a local form. The petition normally identifies the decedent, states whether a will exists, and names the proposed personal representative.
- Oath or oath form — A form or written oath the personal representative must take to faithfully perform the duties of the office. The court or clerk usually administers the oath at the appointment hearing or signs the oath during filing.
- Identification for the applicant — Government-issued photo ID for the person asking to be appointed (driver’s license or passport).
- Waivers, consents, or renunciations (if applicable) — If a nominated executor declines, that person should file a written renunciation. If interested parties agree on who should be appointed, they may file consents or waivers.
- Bond or bond waiver — A probate bond is sometimes required for administrators or executors who are not fully exempt. If bond is required, the court will accept a surety bond or corporate surety. If heirs or beneficiaries waive the bond, a written bond waiver is normally filed. Whether bond is required depends on the will and the court’s rules.
- List of heirs and beneficiaries — The petition often requires a list with names and mailing addresses of the decedent’s heirs and will beneficiaries (if known). This helps the court issue required notices.
- Inventory or schedule of estate assets (if available) — You may be asked to provide a preliminary list of known assets (real estate, bank accounts, stocks, personal property). Many courts require a formal inventory later in the administration.
- Proof of service or notice materials — Georgia probate procedure typically requires notice to heirs and interested parties. Bring prepared notice forms or addresses for the court clerk to use. The court will advise about service by mail, personal service, or publication.
- Filing fee — Check the county probate court’s fee schedule and bring payment or be prepared to pay online or at the clerk’s office.
Common variations and special situations
- If the decedent had a will that names an executor, that person normally applies for appointment. If the nominated executor cannot or will not serve, the court will appoint another qualified person.
- If there is no will, a close family member (spouse, adult child, parent, sibling) can apply as administrator. Priority among potential administrators follows state law and local practice.
- Small estates: Georgia has simplified procedures for small estates in some circumstances; a simplified affidavit procedure or other expedited process may be available when the estate value falls below statutory thresholds. Check county rules for small estate options.
- Creditors’ claims and notices: After appointment, the personal representative must follow Georgia rules for notifying creditors and for filing inventories and accounts. The clerk or the court’s website can explain local timing and forms.
What to expect at the court appointment
- The clerk or judge reviews your application and supporting documents.
- If everything is in order, the court administers the oath to the appointee.
- The court signs and issues the letters testamentary or letters of administration (official documents showing authority to act for the estate).
- The clerk will provide certified copies of the letters; you will need certified copies to access bank accounts, transfer assets, and close accounts.
Because procedures and forms vary by county, contact the local probate court clerk before your visit. Many probate clerks post packet instructions and forms online.
Helpful Georgia resources
- Georgia Judicial Branch — general probate court information: https://www.georgiacourts.gov
- Georgia General Assembly (state statutes and code search): https://www.legis.ga.gov (search the Official Code of Georgia Annotated for probate and administration statutes)
Disclaimer: This is general information about Georgia probate procedures and is not legal advice. Laws and local court requirements change. If the estate is large, includes real estate in multiple states, or involves disputes, consider speaking with a Georgia probate attorney for advice tailored to your situation.
Helpful Hints
- Call the county probate court clerk ahead of time to confirm required forms, hours, fees, and whether the court accepts appointments by mail or requires in-person filing.
- Bring multiple certified copies of the death certificate (banks and other institutions often require originals of the certified copy).
- Always bring the original will. If you only find a copy, tell the clerk so the court can advise how to proceed.
- Prepare a clear list of known assets and account numbers to speed estate administration.
- Ask the clerk how your county handles bond requirements and whether beneficiaries can sign a written bond waiver.
- Keep copies of everything you file and obtain certified copies of letters issued by the court.
- If you expect disputes with heirs or complex claims, consult a probate attorney before filing to understand risks and options.