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The Probate Bond Experts
Probate in Georgia is handled by the Probate Court in each of the state's 159 counties, the most county probate courts of any state except Texas. Each Probate Court has an elected judge and handles the administration of estates, the appointment of personal representatives, and guardianships. The Probate Court was formerly called the Court of Ordinary.
Georgia is not a Uniform Probate Code state. It administers estates under Title 53, the Revised Probate Code of 1998. The estate fiduciary is the personal representative, called an executor when named in a will and an administrator when appointed by the court without a will. The bond rules are set by Sections 53-6-50 and 53-6-51.
Georgia imposes no state estate tax and no inheritance tax, so most estates face only the federal estate tax, which reaches only very large estates.
Under O.C.G.A. Section 53-6-51, the Probate Court fixes the bond amount on the value of the estate to be administered:
Whether a Georgia bond is required depends mostly on whether there is a will. Under Sections 53-6-50 and 53-7-1:
Filing a Georgia probate bond follows Title 53 and the Probate Court rules:
When a Georgia probate bond is required, the cost is a premium paid to the surety company. The premium is a small percentage of the bond amount and depends on the size of the bond and the applicant's credit.
Beyond the standard administrator and executor bonds, Georgia probate practice uses several additional bond types:
Georgia does not run a licensing board for private professional fiduciaries, but its probate system places clear duties on every personal representative:
You can check pricing or apply online once you know the bond type ordered by the court. Applications must match the bond type and amount specified in your court order or legal documents.
APPLY NOWIt depends on whether there is a will. A personal representative of an intestate estate, meaning no will, must post a bond, and so must a temporary administrator. An executor named in a will is usually relieved of the bond when the will waives it, which most Georgia wills do.
The bond is waived when the will relieves the executor of it, or when all heirs of an intestate estate, or all beneficiaries of a testate estate, file a unanimous written consent to waive it. Even then, the court can require a bond for good cause.
Most Georgia probate bonds cost about 0.5% to 1% of the bond amount per year for well-qualified applicants, so a $100,000 bond commonly runs $500 to $1,000 per year. Smaller bonds often run a flat minimum, for example about $85 per year up to a $17,000 bond.
Under Section 53-6-51, the bond is double the value of the estate, unless it is secured by a licensed commercial surety, in which case it equals the value of the estate. Real property is excluded from the value until it is sold and converted to cash.
Georgia sets an individual surety bond at double the value of the estate, but a licensed commercial surety bond is set at the full value rather than double. That lower bond amount means a lower premium, which is one reason most fiduciaries use a commercial surety.
Most Georgia probate bonds are issued within 24 hours of a completed application, and qualified applicants can often be approved the same day. Larger estates may need a short underwriting review, but we keep the process moving so you can meet your court deadline.
Yes. Credit is one factor but not the only one. We work with multiple surety companies and can often find an approved program for applicants with credit challenges, sometimes with a co-signer or collateral.
The Probate Court in the county where the decedent lived handles probate. Each of Georgia's 159 counties has its own Probate Court with an elected judge. The Probate Court was formerly known as the Court of Ordinary.
Both, under the umbrella term personal representative. A person named in a will is an executor. A person the court appoints when there is no will is an administrator. A temporary administrator is appointed to preserve assets before a permanent fiduciary qualifies.
Not at first. The value of the estate for the bond does not include real property. Once real property is sold and converted to cash, the personal representative must give a bond based on that added value.
The bond protects the heirs, beneficiaries, and creditors of the estate from loss caused by a personal representative who fails to perform faithfully. A suit on the bond is the recognized remedy for heirs harmed by mismanagement, up to the bond amount.
The court may set the bond for a period longer than one year, and a surety is not released merely because a term expires. The bond stays in force until the estate is settled and the court discharges the personal representative, with annual renewal on long estates.
Yes. A temporary administrator, appointed to preserve estate assets before a permanent personal representative is named, must post a bond. The bond covers the limited authority the court grants the temporary administrator.
Often yes. A conservator appointed to manage the property of a minor or an adult ward must post a bond under Title 29, tied to the value of the property, and a guardian of a minor's property may be required to as well.
No. A probate bond is a surety bond, not insurance for the fiduciary. It protects the heirs, beneficiaries, and creditors. If the surety pays a claim, the personal representative is legally obligated to repay the surety.
Sometimes. When all heirs agree and there are no unpaid debts, they may petition for an order that no administration is necessary. That order distributes the estate without appointing a bonded administrator.
Yes, subject to the court's appointment. A nonresident can serve, but the individual sureties on a personal bond must be Georgia residents, so most nonresident fiduciaries use a licensed commercial surety bond.
If you cannot obtain or maintain a required bond, the Probate Court may appoint a different administrator, or in some cases the county administrator. Credit challenges do not always prevent approval, since collateral or a co-signer may help you qualify.
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Find Georgia Probate Courts by County
Once you have your bond, or if you need court addresses, phone numbers, filing hours, and local forms, visit our Georgia probate court directory. We list every county court in Georgia with contact information and links to local forms.
Georgia Probate Court Directory