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.

Georgia Standard Probate Court Forms

Safekeeping Your Will by Filing it with the Court

You have the option to file your will for safekeeping in the Probate Court. Wills that are filed for safekeeping will require a $15 storage fee. In addition, the testator must complete an information sheet and the will is then placed in a sealed envelope and filed in a fire-proof cabinet. The will shall remain confidential, and no person other than the person depositing the Will, their legal representative, or their attorney in fact shall have access to the file prior to the death of the testator.

Probate Court does not draw up wills, you will need to consult an estate attorney for further details on this topic.

When it is time to probate your Will, the Executor or attorney will need to produce an obituary, funeral program, or death certificate. The Probate clerk can remove the Will from Safekeeping. The Will cannot be released to anyone, other than another Court that might have jurisdiction, upon your death. The Probate clerk can give a purported copy of your Will to your Executor, attorney, or other individual upon your death. This allows a person then to probate your Will, which means proving this was your Last Will and Testament and the Executor can follow your directions according to your Will.

Will Probate (Common & Solemn Form)

There are Common Form and Solemn Form Will Probates. A Will needs to be probated in order for it to be deemed a valid Will. The word "probate" means "to prove". A nominated Executor is not authorized by law to act in accordance with the Will until the Will is proven to the Court to be the Last Will and Testament of the deceased individual; the Court appoints the Executor, and the Executor takes his oath. The court process allows for a Caveat (an objection) to the Solemn Form Probate of a Will and a hearing will be scheduled. The Will determines who receives property and what property they receive.

When an individual dies and has a Will, the Will is usually offered for probate by the individual who is named in the Will as the executor. You may choose to probate the Will in solemn form or in common form. The petition to probate in common form will not be binding for four years after it has been completed. Executors appointed through a solemn form of probate can petition to be discharged from their liability and responsibilities six months after their appointment. Even if the Will is not going to be probated, anyone who is in possession of the Will of an individual who has died must bring the Will to the Probate Court for filing. The Will is probated in the Probate Court in the county where the deceased established residency.

Administrations (Permanent & Temporary)

When an individual has not made a Will, or if the Court deems the Will to be invalid, the Estate can be handled through an Administration. An administrator is appointed to represent the estate. The laws of assent determine the heirs to receive property. A Petition for Temporary Letters of Administration only allow the Administrator to "collect and hold" the property of the Estate. A Permanent Letters of Administration allow the Administrator to distribute the property in the estate, in accordance with Georgia Law. You may have to file Inventory, Annual Returns, or other proceedings if you are not granted full powers.

No Administration Necessary

When an individual has not made a Will, or if the Court deems the Will to be invalid, the Estate can be handled through a Petition for No Administration Necessary. This Petition allows for the distribution of the property of the deceased, as agreed upon by all heirs. This petition can only be done when all heirs agree to the distribution of the property.

Executor / Administrator Requirements (Bond, Inventory & Returns)

The Petitioner has been appointed by the Court as Executor or Administrator of the Estate but has ordered (a Bond, Inventory, and Annual Returns) accounting for the assets of the Estate.

Requirements:

An Inventory is required within the first 6 months of your appointment. You must also file every year thereafter, due on the on-anniversary date of your appointment. This is a list of the estate assets such as (houses, jewelry, furnishings, cars, boats etc.) and how much the assets are worth. Some Executors/ Administrators use an appraiser to determine the value of the estate. This is a one-page report and there is no charge.

Annual Returns are due 60 days from the anniversary date of your appointment. You must also file an Annual Return every year thereafter during the duration of your appointment. These reports require complete and accurate itemized records of all monies coming in and all expenditures made on behalf of the Estate or heirs. You must save all receipts and proof of expenditures. These reports must be filed when due or you may not be entitled to commission. You must pay the Initial Filing Fees upon filing the Annual Return.

How Do I File a Creditors Claim

Creditors Claims can be mailed to the Court or filed electronically.

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.