Georgia Probate Costs, Fees & Small Estate Rules
Researched by the LawLintel Data Team · Sources verified 2026-08-24
- Probate filing fee
- ≈$150–$250fairly uniform statutory schedule — e.g., Cobb County $200 (solemn form)
- Small-estate options
- No general affidavit — 'no administration necessary' order insteadbank deposits ≤ $15,000 payable to family by affidavit
- Executor compensation
- 2.5% in + 2.5% outO.C.G.A. § 53-6-60 default
- Where filed
- Probate Court (each county)
Georgia probate courts charge modest, fairly uniform fees under the statutory cost schedule — about $150–$250 to open most estates (Cobb County, for example, charges $200 to probate a will in solemn form), plus per-heir service and publication costs.
Georgia takes a different approach to small estates: there is no general small-estate affidavit. Instead, intestate estates with no debts and unanimous heir agreement can obtain an order declaring no administration necessary — with no dollar cap at all. Banks may also pay deposits up to $15,000 directly to surviving family by affidavit. Executors default to a statutory commission of 2.5% of money received plus 2.5% paid out.
Costs & fees
| Item | Amount | Type |
|---|---|---|
| Petition to probate will (solemn form) | ≈$200 (Cobb County example) | Official fee |
| Letters of administration | similar statutory schedule | Official fee |
| Publication (notice to debtors/creditors) | $40–$100 | Official fee |
| Attorney — routine estate | $2,500–$7,500+ | Estimate |
Fees follow the statutory schedule (O.C.G.A. § 15-9-60) with small county variations. Estimates are market figures.
Requirements
| Requirement | Rule |
|---|---|
| No administration necessary | Intestate + no debts (or creditors consent) + heirs unanimously agree on division — no dollar cap (O.C.G.A. § 53-2-40) |
| Bank account affidavit | Deposits up to $15,000 payable to surviving spouse/family without administration (O.C.G.A. § 7-1-239) |
| Year's support | Spouse/minor children may petition for property off the top of the estate |
| Executor commission | 2.5% of money received + 2.5% of money paid out (default) |
The process, step by step
- Choose the route. Will → probate in solemn (binding) or common form. No will, no debts, heirs agree → petition for no administration necessary.
- File in the probate court. County of the decedent's residence; pay the schedule fee; Georgia's standard probate forms are statewide.
- Notice. Heirs are served/cited; notice to debtors and creditors is published for four weeks.
- Administer. Inventory and returns unless the will (or heir consent) waives them — most Georgia wills waive.
- Close. Petition for discharge when administration completes; many simple estates close within 6–12 months.
Forms & where to file
Probate Court of the county where the decedent was domiciled.
Frequently asked questions
How much does probate cost in Georgia?
Roughly $150–$250 in court fees for most filings under the statutory schedule (Cobb County charges $200 to probate a will in solemn form), plus service and publication. Attorney fees are the main variable.
Does Georgia have a small-estate affidavit?
Not a general one. The closest tools are the $15,000 bank-deposit affidavit (O.C.G.A. § 7-1-239) and — far more powerful — the order declaring no administration necessary for debt-free intestate estates where all heirs agree, which has no dollar cap.
What do Georgia executors earn?
Unless the will says otherwise: 2.5% of money coming in plus 2.5% of money going out (O.C.G.A. § 53-6-60), with possible extra for delivering property in kind.
What is year's support?
A distinctively Georgian protection: the surviving spouse and minor children can petition for a property award off the top of the estate — often taking priority over creditors and even the will.
Related information
Sources & verification
- Cobb County Probate Court — fee schedule
- O.C.G.A. § 7-1-239 (bank deposits) & § 53-2-40 (no administration necessary)
Official fees and statutory rules above are traceable to the listed authorities; figures marked as estimates are LawLintel editorial estimates, not government fees. Laws and fees change — last verified 2026-08-24. See our methodology and legal disclaimer.
LawLintel provides general legal information, not legal advice. Laws, rules, procedures and fees change and can depend on your specific facts and county. Verify important information with the applicable court or a qualified attorney before acting.