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 vs Formal Administration at a Glance
| Category | Summary | Formal | 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 | Summary |
| 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 |
| No will, no debts, heirs agree | No Administration Necessary can avoid a full administration | Permanent letters of administration handle broader or disputed estates | Summary |
| 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 |
Main Georgia Probate Options
| Probate Type | Threshold | Filing Fee | Timeline | Real Estate | Attorney |
|---|---|---|---|---|---|
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) |
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) |
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) |
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) |
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) |
* 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.
Side-by-Side Comparison
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
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
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
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
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
Not Sure Which Type Applies to You?
Use the Georgia assessment to compare probate paths and next-step planning points.
Take the Georgia AssessmentFrequently Asked Questions
Does Georgia have a small-estate affidavit?
No. Georgia does not have a generic dollar-cap small-estate affidavit like many other states. The simplified no-will options 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 (O.C.G.A. § 53-3-1).
What is the difference between common form and solemn form probate in Georgia?
Common form probate (O.C.G.A. § 53-5-15) is faster and does not require advance notice to heirs, but it is not conclusive and can be challenged for up to four years. Solemn form probate (O.C.G.A. § 53-5-20) gives all heirs formal notice and becomes binding once the notice and any objection period close.
When can a Georgia family use No Administration Necessary?
Under O.C.G.A. § 53-2-40, heirs of someone who died without a will can petition for an order that no administration is necessary when the estate owes no debts (or all creditors consent) and all heirs unanimously agree on dividing the property. The agreement, signed by every heir and notarized, is attached to the petition.
What is year's support in Georgia?
Year's support (O.C.G.A. § 53-3-1) lets a surviving spouse and/or minor children petition the probate court to set apart estate property for their support for 12 months from the date of death. The petition must be filed within 24 months of death. It is not a small-estate affidavit — it is a separate protective device.
Are Georgia probate filing fees the same in every county?
The base petition fee is uniform at $175 under O.C.G.A. § 15-9-60 (effective January 1, 2025), but each county adds mandatory surcharges (indigent defense, ADR, Children's Trust Fund, law library) plus publication and certified-copy costs, so county totals commonly run about $206 and up. Confirm the current total with your county probate court.
Important: Georgia probate matters are filed in the county probate court (usually the county where the decedent was domiciled). Confirm the court, current fee total, county add-ons, publication requirements, and local instructions before filing.
Sources & Verification
Legal Authority: O.C.G.A. Title 53 (Wills, Trusts, and Administration of Estates) and O.C.G.A. § 15-9-60
Last Verified: June 2026
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.
O.C.G.A. § 15-9-60 (Probate court fees, effective January 1, 2025)
Justia / Code of Georgia. Effective January 1, 2025; accessed June 16, 2026.
O.C.G.A. § 53-2-40 (Petition for order that no administration is necessary)
FindLaw / Code of Georgia. Current official statute, accessed June 16, 2026.
O.C.G.A. § 53-3-1 (Year's support — preference and entitlement)
Justia / Code of Georgia. Current official statute, accessed June 16, 2026.
Probate Court Costs and Fees — Glynn County (illustrative county example)
Glynn County Probate Court (example schedule; confirm your own county). County fee schedule, accessed June 16, 2026.
This content is for informational purposes only and is not legal advice or a substitute for attorney review. Laws and fees may change. Verify current requirements with your local court clerk before filing.