There are a number of different proceedings which may be filed in the Probate Court following the death of a Georgia resident. Proceedings are filed in the Probate Court of the county of the decedent's residence in Georgia. For each proceeding there is a standard form, which the Court can provide when requested by any petitioner. or you may click on the link below:
It is suggested that you discuss all matters of concern with a licensed practicing attorney, as our staff cannot give legal advice. An attorney can assist you in determining which proceeding is the most appropriate for your particular situation. Very often, there are other matters (e.g., tax returns, preparation of deeds, title transfers, benefit claims, creditor notices, debtor demands, etc.) which may also make it appropriate or necessary to seek the services of an attorney.
If you proceed without an attorney, it will be your responsibility to determine or select the proceeding appropriate to your situation. The staff of the Probate Court are strictly forbidden to make the determination or selection for you, since to do so may constitute the unauthorized practice of law, a misdemeanor crime under Georgia law. The staff are not permitted to perform clerical tasks for the public and will only be able to answer basic questions about the standard forms and about any deadlines for the filing of proceedings. When you have selected the form you wish to file, that form must be typed or legibly printed. We ask that you be understanding with us as we attempt to assist you, knowing the limitations we face.
The Probate Judge is required by law to remain impartial. The Judge must treat every case as though it may be contested. Therefore, the Judge may not advise you on which proceeding is most appropriate to your case. The Judge is prohibited from discussing the facts or evidence in any contested case with a party unless ALL parties are present. You should not ask to discuss your case privately with the Judge and you should understand if the Judge stops any discussion which appears to require the presence of others.
Additional information and resources may be found by visiting: