1Immediate Actions
The first days
First: Get Death Certificates
Required for everythingDade County Probate Court
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
A person holding an original will should verify Georgia filing and deposit requirements with Dade County Probate Court; no fixed day count is captured in this county file.
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
Dade County Probate Court says permanent administration requires notice to all heirs, a surviving spouse or sole heir is entitled to serve unless disqualified, and administrators must post bond and file inventories and returns unless all heirs consent to waive those requirements. Verify county instructions for intestate administration, appointment, bond, inventory, annual returns, powers, notice, appointment, and hearing requirements before filing.
Documents you'll need:
- Petition for Letters of Administration
- Certified Death Certificate
Dade County Probate Court says No Administration Necessary may be filed if all debts have been paid or creditors consent or do not object after notice, there is no other need for formal administration, and all heirs have agreed on the division of the estate. Verify whether the estate qualifies for GPCSF 9 and O.C.G.A. 53-2-40 before filing.
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
Dade County Probate Court describes solemn form probate, common form probate, and administration with will annexed. The page says solemn form requires notice to all heirs and becomes binding when the final order is entered, common form can be done without notice but does not become binding for four years after an executor is appointed, and both will paths require the original will and proof of proper execution. Verify current form, notice, consent, guardian-ad-litem, service, publication, and local processing rules with the court.
Dade County Probate Court says year's support may be filed only by a surviving spouse or for minor children of the decedent and asks that specified property be awarded to the spouse or children. Verify notice, priority, tax, and property-award requirements with the court.
4File for Probate
Where to file, forms & fees
Where to File
Free Filing Help Available
Dade County Probate Court can help you understand forms and filing requirements at no cost.
Visit Self-Help Center