What to Do When Someone Dies in Georgia: A Complete Guide
What to Do When Someone Dies in Georgia: A Complete Guide
When someone dies in Georgia, your first actions are: confirm the death with a medical professional, contact a funeral home, and locate any will or estate plan. This guide walks you through each required step in order, with specific Georgia statutes, deadlines, and fees so you know exactly what to do and when.
The First 24 to 48 Hours
The hours right after a death involve time-sensitive steps under Georgia law.
Confirm the death. If the death happens at home and the person was under hospice care, the hospice nurse will pronounce death and handle the medical certification. If the death was unexpected, call 911. The county coroner or medical examiner will respond to investigate.
Contact a funeral home. The funeral director coordinates with the physician or medical examiner to complete the death certificate, handles body transport, and obtains the disposition permit from the local registrar. Under O.C.G.A. Section 31-10-20, the local registrar must make disposition permits available 24 hours a day, 7 days a week and issue them immediately upon request. No cremation, burial, or transport out of state can occur without this permit.
Note the 24-hour cremation rule. Georgia law requires a minimum 24-hour waiting period after death before cremation can proceed (O.C.G.A. Section 31-21-4). If the death is subject to investigation, the coroner or medical examiner must also approve before cremation is authorized.
Locate key documents now. Before you contact banks or courts, find these:
- The will (the original, not a copy)
- Any trust documents
- Life insurance policies
- Georgia Advance Directive for Health Care (now void upon death, but the health care agent named in Part One may still direct autopsy, organ donation, and final disposition)
- Financial Power of Attorney (now void upon death)
- Property deeds, vehicle titles, and financial account statements
Do not spend money from the deceased's accounts. Until a court appoints someone to manage the estate, no one has legal authority over individually held accounts. Joint accounts with right of survivorship remain accessible to the surviving owner.
Getting Death Certificates in Georgia
Order 10 to 15 certified copies. Banks, insurance companies, brokerage firms, the probate court, and the Department of Revenue each require their own certified original. Photocopies are not accepted. See the full guide to death certificates in Georgia for detailed ordering instructions.
Fees: $25 for the first certified copy, $5 each additional from the Georgia Department of Public Health, Office of Vital Records. In-person at a county probate court is often same-day for local deaths; standard mail orders from the state office take up to 10 weeks. Order all copies at once to save money: 10 copies cost $70.
Notifying Agencies and Canceling Accounts
Work through this list systematically. Each agency has its own process.
Social Security Administration. Call 1-800-772-1213. The funeral home typically reports the death, but call to confirm. If the deceased received benefits, the payment for the month of death must be returned. Ask about the $255 lump-sum death payment (apply within 2 years of death). Ask about survivor benefits: a surviving spouse may receive up to 100% of the deceased's benefit at full retirement age; eligible children may receive 75%. For more detail, see Social Security survivor benefits in Georgia.
Banks and financial accounts.
- Joint accounts with right of survivorship: the surviving owner has immediate access. Bring a certified death certificate to the bank.
- Payable-on-death (POD) accounts: pass directly to the named beneficiary. Bring a death certificate and valid ID.
- Transfer-on-death (TOD) accounts: pass to beneficiaries by operation of law.
- Individual accounts without POD or TOD: you need Letters Testamentary or Letters of Administration from the probate court before the bank will release funds.
- Small estate banking affidavit (O.C.G.A. Section 7-1-239): for intestate estates with bank accounts of $15,000 or less, an heir may collect funds using an affidavit without going through probate.
For more detail, see how to close bank accounts after death in Georgia.
Retirement accounts and life insurance. These pass directly to named beneficiaries. Contact the plan administrator or insurance company with a certified death certificate and a completed beneficiary claim form. Under O.C.G.A. Section 33-25-11, life insurance proceeds payable to a named beneficiary are exempt from creditor claims against the insured.
Vehicles. Use Form T-20 (Affidavit to Certify Immediate Family Member Inheritance) and Form MV-1 (Application for Title/Tag) with a certified death certificate to transfer title without probate. Title documents must be submitted within 30 days of acquiring interest or a $10 late penalty applies (O.C.G.A. Section 40-3-34).
Real property. Georgia now allows transfer-on-death deeds (O.C.G.A. Section 44-17-1 et seq., effective July 1, 2024). If the deceased filed a TOD deed, the beneficiary must record an acceptance affidavit with the Superior Court within 9 months of death. If no TOD deed exists, real property must go through probate.
Utilities, subscriptions, and credit cards. Cancel subscriptions. For credit cards in the deceased's name only, the estate is responsible. Notify each issuer in writing with a death certificate.
Probate in Georgia: What You Need to Know
Probate is the legal process for transferring assets held in the deceased's name alone. Georgia probate is governed by Title 53 of the O.C.G.A. (the Revised Probate Code of 1998). Each of Georgia's 159 counties has its own elected probate judge. For a detailed walkthrough, see how probate works in Georgia.
What goes through probate. Only assets titled solely in the deceased's name with no beneficiary designation. The following assets skip probate entirely:
- Joint accounts with right of survivorship
- POD and TOD bank accounts
- TOD deeds for real property (O.C.G.A. Section 44-17-1 et seq.)
- Retirement accounts with named beneficiaries
- Life insurance with named beneficiaries
- Property held in a revocable living trust
Three probate paths in Georgia:
No Administration Necessary (O.C.G.A. Section 53-2-40 through 53-2-43): Intestate estate only. All heirs must agree on division. No dollar threshold. Requires either no debts or all creditors consenting. Court files certified copy with each county where decedent owned real property within 30 days.
Common Form Probate (O.C.G.A. Section 53-5-15 through 53-5-19): Will exists. No notice to heirs required. Faster and simpler, but can be challenged by caveat within 4 years. Less finality for the executor.
Solemn Form Probate (O.C.G.A. Section 53-5-20 through 53-5-25): Will exists. Notice required to all heirs and beneficiaries. Conclusive upon all parties who were properly notified. Heirs have 30 days after personal service to file a caveat. Provides maximum finality and protection for the executor.
Filing deadline. A will must be offered for probate within 5 years (O.C.G.A. Section 53-5-3).
Filing fees. Solemn form: approximately $164 to $250 or more, depending on county. Common form: approximately $100 to $200 or more. Fees vary by county under O.C.G.A. Section 15-9-60.
For more detail on executor duties in Georgia, see the full executor guide.
Year's Support: A Critical Georgia Provision
Year's Support is a uniquely important Georgia provision that gives the surviving spouse and minor children a right to receive property from the estate for their maintenance and support. It takes priority over almost all other claims against the estate.
Who is entitled: The surviving spouse and minor children (under 18) of the decedent, in both testate and intestate estates (O.C.G.A. Section 53-3-1).
The standard: Property set aside must be sufficient to maintain the standard of living the surviving spouse and each minor child had prior to the death, for a period of 12 months from the date of death.
Filing deadline: The petition must be filed within 24 months of death (O.C.G.A. Section 53-3-5). The surviving spouse loses eligibility if they remarry before filing.
Why this matters: Year's Support takes precedence over most debts of the estate, including unsecured creditors. It can potentially absorb the entire estate. Only secured debts (mortgages, car loans) against the specific secured property remain enforceable.
Georgia Has No State Estate or Inheritance Tax
Georgia does not impose a state estate tax or a state inheritance tax. The former state estate tax was eliminated effective July 1, 2014. Georgia also has no gift tax. Inheritances are not considered income for Georgia state tax purposes. See estate and inheritance tax in Georgia for complete details.
Federal estate tax still applies. For deaths in 2026, the federal estate tax exemption is $15,000,000 per person (One Big Beautiful Bill Act, P.L. 119-21, signed July 4, 2025). The top rate is 40%. The filing form is Form 706, due 9 months after death.
Georgia has a state income tax. Georgia imposes a graduated state income tax. A final Georgia income tax return must be filed for the year of death. You must also file a final federal Form 1040 and a federal Form 1041 if the estate generates more than $600 in income after death.
Medicaid Estate Recovery in Georgia
If the deceased received Georgia Medicaid, the state may file a claim against the estate to recover what it paid for long-term care and home/community-based services. Georgia's Medicaid Estate Recovery Program began May 3, 2006 (O.C.G.A. Section 49-4-147.1).
Threshold: Estates with a gross value of $25,000 or less are exempt from estate recovery.
Lien rights: Georgia Medicaid may place a lien on all real estate owned by the deceased at the time of death (O.C.G.A. Section 49-4-149).
When recovery is deferred:
- The Medicaid member is still living
- The surviving spouse is living in the home
- Qualified children (disabled, minor, or who lived in the home and provided care) reside in the home
Hardship waiver: Georgia may waive estate recovery in cases of undue hardship.
If the deceased received Medicaid benefits, consult an elder law attorney before distributing any estate assets.
Ongoing Tasks Timeline
| Timeframe | Task |
|---|---|
| First 24-48 hours | Confirm death, contact funeral home, call 911 if unexpected, notify immediate family |
| First week | Order 10-15 death certificates, secure the home, locate will and financial documents, notify SSA |
| Weeks 2-4 | File for probate (if needed), notify banks and creditors, apply for life insurance and survivor benefits |
| Within 60 days | Personal representative publishes notice to creditors (O.C.G.A. Section 53-7-41) |
| Within 6 months | Personal representative ascertains condition of the estate |
| 3 months after last creditor notice | Creditor claims period closes |
| 9 months | Federal estate tax return due (if applicable, Form 706, estates over $15M) |
| Within 9 months | TOD deed beneficiary must record acceptance affidavit |
| April 15 following year | Final federal and Georgia income tax returns |
| Within 24 months | Year's Support petition deadline (O.C.G.A. Section 53-3-5) |
| Within 5 years | Deadline to file will for probate (O.C.G.A. Section 53-5-3) |
Frequently Asked Questions
How long does probate take in Georgia? No Administration Necessary can be completed in a few weeks if all heirs agree. Common form probate takes a few months. Solemn form probate typically takes 6 to 12 months due to the notice and caveat period. The creditor claims period and tax filings are usually the longest constraints.
Does Georgia have a state estate tax? No. Georgia eliminated all state estate taxes effective July 1, 2014. The only estate tax that may apply is the federal estate tax, which has a $15,000,000 exemption in 2026 (P.L. 119-21).
What if the deceased had no will in Georgia? Dying without a will means dying intestate. Georgia intestacy law (O.C.G.A. Section 53-2-1) determines who inherits. If there is a surviving spouse but no children, the spouse inherits the entire estate. If there are both a surviving spouse and children, they share equally, but the spouse receives no less than one-third.
What is Year's Support? A Georgia provision allowing the surviving spouse and minor children to receive property from the estate to maintain their standard of living for 12 months. It takes priority over most debts and must be filed within 24 months of death.
Can I avoid probate entirely in Georgia? Yes, if the deceased's assets all have beneficiary designations, are held jointly with right of survivorship, are in a trust, or are covered by TOD deeds. For intestate estates with bank accounts of $15,000 or less, a banking affidavit under O.C.G.A. Section 7-1-239 can be used instead of probate.
What to Do Next
Kaira organizes every step for your state — deadlines, forms, and next actions — so nothing gets missed. See how it works.
This guide was researched using Georgia statutes current as of April 2026. Laws change. For complex estates, contested probates, or Year's Support disputes, consult a Georgia-licensed attorney.
Sources: O.C.G.A. Title 53 (Wills, Trusts, and Administration of Estates); O.C.G.A. Section 31-21-4 (Cremation); O.C.G.A. Section 31-10-20 (Disposition Permits); O.C.G.A. Section 7-1-239 (Banking Affidavit); O.C.G.A. Section 44-17-1 (TOD Deeds); dph.georgia.gov; dor.georgia.gov; ssa.gov