1Immediate Actions
The first days
First: Get Death Certificates
Required for everythingClarke County Health Department Vital Records Office
Office info
Secure the Property
- Lock the residence and secure valuable items
- Forward mail to a responsible family member
- Make a list of what you find (don't throw anything away yet)
Locate Important Documents
2Required by Law
Legal duties
Deposit the Will
Athens-Clarke County says anyone in possession of a will of an individual who has died must bring the will to Probate Court for filing, even if it will not be probated. No fixed day count is captured in this template.
Creditor claim window
Creditors generally have 3 months from last publication of the notice to creditors to bring claims against the estate. (O.C.G.A. § 53-7-41)
Notify Key Parties
- Banks and credit card companies (to prevent unauthorized use)
- Social Security Administration (1-800-772-1213)
- Employer (if applicable) for final paycheck and benefits
3Assess Your Situation
Before filing anything
Which probate type is right for you?
Small estate? If the estate is worth less than the Georgia small-estate limit (shown on the options below), you may qualify for simplified procedures.
Is there a valid will? If yes, you'll file for petition to probate the will. If no will exists, it's administration without a will.
Complex assets? Business interests, real estate in multiple states, or contested claims may require probate court administration.
Select a probate type below to see specific requirements and costs.
Which applies to your situation?
Not sure? Use the free checker at the top of this page - you don't have to decide this alone.
Documents you'll need:
- Petition to Probate Will in Common Form
- Certified Death Certificate
- Original Will
Documents you'll need:
- Petition to Probate Will in Solemn Form
- Certified Death Certificate
- Original Will
Athens-Clarke County says an administrator usually must be appointed when a decedent died intestate and owned property that needs administration. The county points to Georgia Probate Court Standard Form 3 for Letters of Administration.
Documents you'll need:
- Petition for Letters of Administration
- Certified Death Certificate
Verify whether the estate qualifies for GPCSF 9 and O.C.G.A. 53-2-40 before filing; this pass did not find a Clarke-specific No Administration Necessary instruction page.
Documents you'll need:
- Petition for Order Declaring No Administration Necessary
- Certified Death Certificate
A limited financial-institution affidavit path may apply to qualifying intestate deposits of not more than $15,000. This is not a general probate-court small-estate affidavit.
- Qualifies:
- $15,000
Documents you'll need:
- Certified Death Certificate
Athens-Clarke County says probate of a will is the formal process to determine that a document is the decedent's last will and testament and to appoint the executor or another person to handle distribution. Verify common form, solemn form, notice, and original-will requirements with the court and statewide probate forms.
4File for Probate
Where to file, forms & fees
Where to File
Free Filing Help Available
Athens-Clarke County Probate Court Help can help you understand forms and filing requirements at no cost.
Visit Self-Help Center