Estates / Wills

The Probate Court of Thomas County handles several types of estate-related filings and procedures when someone dies, whether there is a will or not.

Access to all Georgia Supreme Court approved Georgia Standard Probate Court Forms.
Georgia Standard Probate Court Forms

Responding to a Deficiency Order

If you filed a petition and received an Order from the judge notifying you that there are deficiencies that need to be corrected, be advised that you must correct the items listed within 30 days. The court will not proceed without further action from you.

Common problems resulting in a Deficiency Order:

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Heirs are determined at death and do not change.
Everyone has heirs. They may be unknown, but they exist.
No extra people should be listed – not beneficiaries or people who are not heirs according to law.
O.C.G.A. §53-2-1 sets forth standards for determining heirs.
Use the Heirs Determination Worksheet to determine the heirs, then include them on this page. Do not reference the Heirs Determination Worksheet.
Be sure to list the petitioner if s/he is also an heir.
Be sure to list the age of each heir.
Be sure to name the Personal Representative of the estate of any post-deceased heir.
Be sure to list the full address of each heir. If s/he lives in Georgia, it must be a residential address, not a post office box. If you claim to not know the address, you must file an Affidavit of Diligent Search. (hyperlink here to the form. But it needs to be added to the forms page, too.

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Stating “no other heirs” or listing names of individuals is insufficient. This answer should be in complete sentences/paragraphs.
An heir is a person entitled to inherit when there is no will and status is determined at the time of death. An heir may or may not be a beneficiary. Beneficiaries are named in a will and may or may not be heirs.
Be sure to include dates of death for heirs/potential heirs who are deceased.
Be sure to include children of heirs/potential heirs who are deceased.
Avoid using qualifying language such as “decedent had three biological children” or “four children of the marriage” because that leaves questions.
Do not skip a line of succession. It may seem obvious to you that the parents are deceased when your decedent was 85, but this is still necessary.

Estate FAQs

Do I need a lawyer to probate a will?
The Probate Court does not require that you hire an attorney, but you may need assistance as this is a court proceeding.
Can the Probate Court staff assist me in preparing my petition?
The law prohibits the staff of the Probate Court from giving legal advice or assistance so they cannot help you. If you need assistance, you may hire an attorney.
Why does a will need to be probated?
The word "probate" means "to prove." A will cannot operate under Georgia law until it has been proven by the Probate Court to be a valid will. The court process allows anyone with standing to object and be heard.
Is my power of attorney still good even though the individual is dead?
No, the power of attorney loses all authority when the person giving the power dies.