States / Georgia

After a death in Georgia

Where to look for a will, who to ask and where to search for money in Georgia.

The will

Which court handles probate

The probate court of the county where the person lived (each of Georgia's 159 counties has one).

"the Will of the decedent must be filed with the Probate Court."

Read the source (an unofficial copy of the law).

What to do with the original will

A will must be filed with the county probate court even when no probate is needed (a 'will filed not for probate'). No specific number of days was found in the sources reviewed; O.C.G.A. 53-5-2 only says an interested person may offer a will if a named executor does not do so with reasonable promptness.

"the Will of the decedent must be filed with the Probate Court."

not verified (county court guide; related O.C.G.A. § 53-5-2). Read the source.

Wills deposited during life

Yes. Any person who has made a will may file it with the probate court judge of the county where they live; the file is confidential during the testator's life (only the testator, legal representative or attorney in fact can see it) while the docket is public. A family can ask that county's probate court.

"Any person who has made a will may file it in the office of the judge of the probate court"

O.C.G.A. § 15-9-38. Read the source (an unofficial copy of the law).

Opening a safe deposit box

Only with a probate court order. A person petitions the county probate court; the bank then opens the box in the petitioner's presence with proof of death. A will found goes directly to the probate court; the petitioner may receive only burial instructions and any burial-plot deed; insurance policies go to named beneficiaries; other items stay until an executor or administrator is appointed.

"If a Will is found, the bank must deliver it directly to the Probate Court."

O.C.G.A. § 7-1-356. Read the source (an unofficial copy of the law).

Unclaimed money

Georgia Department of Revenue

"It is completely free to search the database and to claim your property."

Search Georgia

Instructions for heirs and estates

Source, checked 2026-10-15.

Small estates

We couldn't check this rule at an official source, so we won't guess. Ask the probate court clerk in the county where they lived.

Death certificates

Georgia Office of Vital Records

First copy $25.00, more copies in the same order $5.00 each. Certified copies require a direct and tangible interest, including primary family or family legal representatives.

Order from the state. Online vendors add fees.

State will and court rules checked 2026-11-06. See how we check facts or report a mistake. This is general information, not legal advice.

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