Probate is the court-supervised process of settling debts and passing a person’s property to heirs/beneficiaries. Done correctly in Georgia, it’s manageable—and knowing the key steps (and common scams) keeps families safer.
The 4-Step Georgia Probate Path (for real estate)
1) Open the estate & get authority
A judge appoints a personal representative (executor if there’s a will; administrator if not). The court issues “Letters” that give the PR authority to act for the estate. Georgia’s Probate Court Standard Forms (GPCSF) outline these filings. gasupreme.us
2) Notify creditors (deadline + publication)
Within 60 days of appointment, the PR must publish a Notice to Debtors and Creditors in the county’s official legal organ once a week for four weeks. This starts the clock for claims and protects the estate. Justia+1
3) Inventory & record-keeping
Unless waived by the will or court, the PR prepares and files an inventory within six months and sends copies to heirs/beneficiaries. Keep good records; you have fiduciary duties. Justia
4) Selling the house (with or without court approval)
- If the will grants a “power of sale,” the executor can usually sell without a separate order. columbiacountyga.gov
- If there’s no power of sale (common in intestate cases), the PR typically files GPCSF 13 (Petition for Leave to Sell Property) and closes after the court authorizes the sale. Fulton County Government+1
Note: Georgia does not use a universal courtroom overbid rule (like you may see in other states). Sales are typically authorized on the contract terms you present to the court when approval is required. Fulton County Government
Common Probate Scams (and how to avoid them)
“Probate-avoidance” / Living-Trust sales pressure
High-pressure vendors push expensive “living trust kits,” exaggerating probate costs or taxes. Trusts can be legitimate—but scammers mislead or harvest financial info. Always consult a real attorney, not a salesperson. Federal Trade Commission+1
“Inheritance/Estate Tax due now” imposters
In Georgia there’s no state inheritance tax (and the state-level estate tax no longer applies). Anyone demanding tax pre-payment to “release” an inheritance is a red flag. Verify with the Department of Revenue or your attorney. Department of Revenue+1
Fraudulent rental or “for sale” listings of the decedent’s home
Scammers copy obituary/property details and post fake listings to collect deposits. Never wire or pay with gift cards; verify the owner/manager independently; search the address and company name for mismatches. Report to the FTC and local police. Consumer Advice+2Consumer Advice+2
Deed/Title fraud alerts
Heirs can subscribe to Georgia’s Filing Activity Notification System (FANS) to get email/text alerts if something is recorded against the property. Many counties offer similar tools. GSCCCA+1
Quick Safety Checklist
- Work with a Georgia probate attorney before signing sale contracts.
- Publish creditor notice and file inventory on time. Justia+1
- If no power of sale, use GPCSF 13 to get court permission. Fulton County Government
- Refuse wire/gift-card payments tied to rental or “tax” demands; verify independently. Consumer Advice
- Turn on FANS deed-recording alerts. GSCCCA
Need local help in Georgia?
We coordinate probate property sales across Middle Georgia—pricing, timelines, and a clean closing with your attorney. Call 478-216-1795 or fill out the form for a no-obligation offer and step-by-step plan.
This article is general information, not legal advice. Talk to a Georgia probate attorney about your specific situation.