US Probate Calculator
Georgia Statutory Schedule (2026)

Georgia Probate Fee & Executor Commission Calculator

Estimate attorney statutory fees, personal representative commissions, and court filing costs under O.C.G.A. § 53-6-60.

2026 Statutory Probate Costs Updated

Calculate Georgia Probate Costs

Choose your state, enter your gross estate value, and optional asset details below to view instant cost breakdowns and statutory limits.

Total assets in probate
$
$10k $1M $2.5M $5M+
$

Included inside Gross Probate value above.

$

401ks, joint accounts & trusts bypass probate.

California Probate Code § 10800 & § 10810

California enforces strict statutory fees for both attorneys and executors. Fees are calculated on gross estate value without deducting mortgages.

Small Estate Eligible

Estate is below the $184,500 threshold for simplified procedure.

Estimated Total Probate Fees
$26,435 5.29%

Combined statutory attorney, executor & court costs

Attorney Statutory Fee: $13,000
Executor Commission: $13,000
Court Filing Fee: $435
Total Estate Value (Inc. Non-Probate): $500,000
Gross probate ($500,000) + Non-probate ($0)
Estimated Net to Beneficiaries
$473,565
Includes net probate assets plus non-probate transfers

Calculated under California Probate Code § 10800.

Overview of Georgia Probate Laws & Fee Guidelines

In Georgia, probate administration is governed under court-approved reasonable fee benchmarks pursuant to O.C.G.A. § 53-6-60. Local probate judges evaluate fiduciary and attorney compensation based on estate complexity, time expended, and customary county standards.

In Georgia, probate administration costs consist of three core components: attorney fees, executor commissions, and court filing costs. Total probate costs are calculated based on the gross value of all probate assets (including real estate) without deducting existing mortgages or liabilities.

Georgia Legal Nuance & Key State Quirk

Georgia offers 'Solemn Form' probate which conclusively binds all heirs immediately, as well as a unique 'Year's Support' petition that allows surviving spouses to claim property ahead of unsecured estate creditors.

Georgia Probate Process & Fee Schedule Overview

Georgia probate is conducted through County Probate Courts under O.C.G.A. Title 53. Fiduciary fees are evaluated under O.C.G.A. § 53-6-60. Georgia law provides a unique 'Year's Support' statutory provision allowing surviving spouses or minor children to petition for estate property exempt from unsecured creditor claims. Estates where no administration is necessary can bypass court using an Order Declaring No Administration Necessary.

Fee Calculation Type
sliding scale
Small Estate Limit
$10,000
Base Court Petition Fee
$350

Executor & Personal Representative Commission Rules in Georgia

The executor or administrator of an estate in Georgia assumes significant fiduciary responsibilities, including inventorying property, paying creditors, filing tax returns, and distributing assets. Under O.C.G.A. § 53-6-60, executors are legally entitled to reasonable compensation or statutory commissions for their time and effort.

Key rules governing executor commissions in Georgia:

  • Statutory Rates & Sliding Scales: Commissions are evaluated on a structured tiered scale or reasonable percentage curve based on gross probate property value.
  • Tax Implications: Executor fees are treated as taxable ordinary income. Family member executors often choose to waive fees to receive a tax-free inheritance instead.
  • Extraordinary Services: If the executor performs exceptional duties (such as conducting ongoing business operations or litigating tax disputes), the court may grant additional extraordinary fees.

Attorney Statutory Fees & Court Costs in Georgia

Retaining experienced legal counsel is customary for formal probate in Georgia. Attorney fees are either mandated by state statutory fee schedules (such as California and Florida) or determined by court-approved reasonable rates.

In addition to legal fees, estate administration incurs unavoidable court fees:

1
Initial Petition Filing Fee
Baseline court filing fee of approximately $350 required upon filing probate petition.
2
Publication & Notice Fees
Mandatory legal notices published in local newspapers to notify potential creditors.
3
Probate Referee / Appraisal Fees
Official court-appointed appraisals required for valuing real estate and physical property.

Small Estate Affidavit & Non-Probate Asset Exemption

Not all estates in Georgia require full court probate. If the total gross probate value is equal to or less than $10,000, beneficiaries may utilize Order Declaring No Administration Necessary to transfer property rapidly without formal court intervention.

Furthermore, assets that bypass probate entirely in Georgia include:

Revocable Living Trusts
Joint Tenancy with Right of Survivorship
Payable-on-Death (POD) Accounts
401(k)s & IRAs with Named Beneficiaries

Frequently Asked Questions (Georgia Probate)

How are probate fees calculated in Georgia?
In Georgia, probate fees are determined under O.C.G.A. § 53-6-60. Compensation for personal representatives and attorneys is evaluated based on estate complexity, gross asset valuation ($500,000 baseline estimate: $24,440.9), and court filing guidelines.
What is the small estate limit in Georgia?
The small estate affidavit threshold in Georgia is $10,000. Estates valued under this cap may bypass formal court administration using Order Declaring No Administration Necessary.
Are executor commissions mandatory in Georgia?
Executors and personal representatives in Georgia are legally entitled to statutory compensation or reasonable fees for their fiduciary duties. However, family members acting as executors frequently waive these commissions to avoid personal income taxation.
Which assets bypass probate in Georgia?
Non-probate assets in Georgia include living revocable trusts, real estate held in joint tenancy with rights of survivorship, bank accounts with Payable-on-Death (POD) designations, and retirement accounts (401k/IRA) with named beneficiaries.
What is Georgia Year's Support in probate?
Georgia Year's Support allows a surviving spouse or minor children to claim property from the decedent's estate that takes priority over all unsecured debts and judgments.
How long does probate take in Georgia?
Probate in Solemn Form with consent from all heirs can take as little as 3 to 6 months in uncontested Georgia estates.