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Probate typically takes 12-18 months in Georgia depending on the size or assets of the estate.
Penalties for Failing to File a Will If the executor or person in possession of the will does not file it with the local probate court, \u201cthe probate court may attach for contempt and may fine and imprison a person withholding a will until the will is delivered.\u201d (Georgia Code § 53-5-5).
Is There a Time Limit on Settling a Georgia Estate? Under Georgia law, there is no time limit on settling an estate. After your loved one passes away, there is no set number of days or months to open an estate. The usual time frame is from two weeks to as long as six months.
If no objection is filed within the relevant time frame (typically 30 days), the Court will issue Letters of Administration to the applicant, after he takes an oath, and he will be authorized to act on behalf of the estate with many of the same powers delegated to an executor under Georgia law.
With careful estate planning, it is possible to avoid the probate process. But Georgia still requires the will to be filed with the probate court. This is especially important if you are planning to distribute property or assets.
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Is Probate Required in Georgia? Probate isn't always required in Georgia. It is necessary by law if the assets belonged solely to the deceased person with no named beneficiary or with the estate as the named beneficiary. If the assets were included in a revocable living trust, probate won't be necessary.
To obtain Letters Testamentary, the deceased must have left a Will and you must file the Will along with an appropriate petition in the Probate Court. If the Deceased did not leave a Will, then you would use a different process and receive a different order called Letters of Administration.
What Percentage Does the Executor of an Estate Get? Georgia's estate law requires a 2.5% commission with the proceeds from the estate. This amount does not include a real estate value nor shares and bonds unless either has been sold.
Letters Testamentary are effective throughout the course of the probate and until the probate of the estate is closed by the executor or court the letters do not "expire." However, some banks, etc will want more recent letters, in which case you can...
In general, the steps for probate are: File the will with the probate court. ... Petition the court to start the probate process. ... Collect all of the estate's assets. ... Pay the deceased's debts. ... Distribute the remaining assets.

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