Georgia Probate Types: Common Form, Solemn Form, Administration, No Administration Necessary, and Year's Support
Georgia's core probate distinction is common form vs solemn form for a will. When there is no will, Georgia families also compare letters of administration, the No Administration Necessary order, and year's support. Georgia does not have a generic dollar-cap small-estate affidavit.
Compare eligibility, timing, court involvement, and local verification points
How to Compare Georgia Probate Types
Georgia probate runs through the county probate court. The main choice for a will is whether to probate it in common form (faster, but reopenable for up to four years) or solemn form (binding notice to heirs). When there is no will, the estate is usually handled through permanent letters of administration unless a simplified no-will device fits.
Unlike many states, Georgia has no classic small-estate affidavit tied to a dollar cap. The simplified no-will paths are the No Administration Necessary order (O.C.G.A. § 53-2-40), a bank-deposit affidavit for limited deposits (O.C.G.A. § 7-1-239), and year's support for a surviving spouse and/or minor children (O.C.G.A. § 53-3-1). These planning estimates are educational only. Confirm the current fee and the right path with your county probate court.
Simplified Path vs Formal Path at a Glance
Scroll the table sideways to see every column. Use the arrow keys when the table is focused.
| Category | Simplified Path | Formal Path | Winner |
|---|---|---|---|
| Estate with a will, speed preferred | Common form probate admits the will faster with no advance notice to heirs | Solemn form gives notice to all heirs and becomes binding | Simplified Path |
| Finality / closing the door on challenges | Common form can be reopened for up to four years | Solemn form forecloses later will challenges once the period closes | Formal Path |
| No will, no debts, heirs agree | No Administration Necessary can avoid a full administration | Permanent letters of administration handle broader or disputed estates | Simplified Path |
| Filing fee | No-will simplified paths still pay the ~$206 county total | Letters of administration also start at the ~$206 county total | Tie |
| Disputes or debts present | Simplified no-will devices are poor fits when debts or disputes exist | Letters of administration provide an administrator with authority to manage and pay debts | Formal Path |
Estate with a will, speed preferred
Simplified PathSimplified Path: Common form probate admits the will faster with no advance notice to heirs
Formal Path: Solemn form gives notice to all heirs and becomes binding
Finality / closing the door on challenges
Formal PathSimplified Path: Common form can be reopened for up to four years
Formal Path: Solemn form forecloses later will challenges once the period closes
No will, no debts, heirs agree
Simplified PathSimplified Path: No Administration Necessary can avoid a full administration
Formal Path: Permanent letters of administration handle broader or disputed estates
Filing fee
TieSimplified Path: No-will simplified paths still pay the ~$206 county total
Formal Path: Letters of administration also start at the ~$206 county total
Disputes or debts present
Formal PathSimplified Path: Simplified no-will devices are poor fits when debts or disputes exist
Formal Path: Letters of administration provide an administrator with authority to manage and pay debts
Main Georgia Probate Options
Scroll the table sideways to see every column. Use the arrow keys when the table is focused.
| Probate Type | Threshold | Filing Fee | Timeline | Real Estate | Attorney | Best For |
|---|---|---|---|---|---|---|
No Administration Necessary O.C.G.A. § 53-2-40 / GPCSF 9 | No will; estate owes no debts (or all creditors consent) and all heirs agree on the division | About $206 (uniform $175 + county add-ons) | County court timing varies | Yes (certified order recorded in each county where real property sits) | No (often useful) | Intestate estates with no debts where all heirs unanimously agree on dividing the property |
Year's Support O.C.G.A. § 53-3-1 / GPCSF 10 | Sets aside property for a surviving spouse and/or minor children; petition due within 24 months of death | About $209 plus publication, up to ~$354 | County court timing varies (notice and any objection period apply) | Yes (property set apart can include real property) | No (often useful) | A surviving spouse and/or minor children needing support property set aside from the estate |
Probate of Will in Common Form O.C.G.A. § 53-5-15 / GPCSF 4 | There is a will; no advance notice to heirs required | About $206 (uniform $175 + county add-ons) | Faster initial admission; not conclusive. Can be challenged for up to four years | Yes | No (often useful) | Uncontested estates with a will where speed is preferred and heirs are not adverse |
Probate of Will in Solemn Form O.C.G.A. § 53-5-20 / GPCSF 5 | There is a will; all heirs receive formal notice | About $206 (uniform $175 + county add-ons) | County court timing varies; binding once the notice and any objection period close | Yes | No (often useful) | Estates wanting a final, binding probate that forecloses later will challenges |
Permanent Letters of Administration O.C.G.A. § 53-6-1 et seq. / GPCSF 3 | No will (intestate); no simple dollar cap | About $206 (uniform $175 + county add-ons) | County court timing varies (notice, possible bond, inventory) | Yes | No (often useful) | Intestate estates that do not fit a simplified no-will device and need an administrator |
No Administration Necessary
O.C.G.A. § 53-2-40 / GPCSF 9
Intestate estates with no debts where all heirs unanimously agree on dividing the property
Threshold: No will; estate owes no debts (or all creditors consent) and all heirs agree on the division
Filing Fee: About $206 (uniform $175 + county add-ons)
Timeline: County court timing varies
Real Estate: Yes (certified order recorded in each county where real property sits)
Attorney: No (often useful)
Year's Support
O.C.G.A. § 53-3-1 / GPCSF 10
A surviving spouse and/or minor children needing support property set aside from the estate
Threshold: Sets aside property for a surviving spouse and/or minor children; petition due within 24 months of death
Filing Fee: About $209 plus publication, up to ~$354
Timeline: County court timing varies (notice and any objection period apply)
Real Estate: Yes (property set apart can include real property)
Attorney: No (often useful)
Probate of Will in Common Form
O.C.G.A. § 53-5-15 / GPCSF 4
Uncontested estates with a will where speed is preferred and heirs are not adverse
Threshold: There is a will; no advance notice to heirs required
Filing Fee: About $206 (uniform $175 + county add-ons)
Timeline: Faster initial admission; not conclusive. Can be challenged for up to four years
Real Estate: Yes
Attorney: No (often useful)
Probate of Will in Solemn Form
O.C.G.A. § 53-5-20 / GPCSF 5
Estates wanting a final, binding probate that forecloses later will challenges
Threshold: There is a will; all heirs receive formal notice
Filing Fee: About $206 (uniform $175 + county add-ons)
Timeline: County court timing varies; binding once the notice and any objection period close
Real Estate: Yes
Attorney: No (often useful)
Permanent Letters of Administration
O.C.G.A. § 53-6-1 et seq. / GPCSF 3
Intestate estates that do not fit a simplified no-will device and need an administrator
Threshold: No will (intestate); no simple dollar cap
Filing Fee: About $206 (uniform $175 + county add-ons)
Timeline: County court timing varies (notice, possible bond, inventory)
Real Estate: Yes
Attorney: No (often useful)
* The uniform statutory petition fee is $175 under O.C.G.A. § 15-9-60 (SB 232, effective January 1, 2025), but every county adds mandatory surcharges (indigent defense, ADR, Children's Trust Fund, and law library), plus publication and certified-copy costs. County totals commonly run about $206 and up.
Unfamiliar terms in the comparison? The Georgia probate glossary defines them in plain language.
Not sure which type applies to you?
Answer a few questions to see which Georgia probate path fits this estate.
Take the 2-minute assessment