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O.C.G.A. § 53-7-41 · checked 2026-10-20

How long probate takes in Georgia

The longest fixed wait in a Georgia probate is usually the creditor claim period: 3 months from publication of the personal representative's last notice under O.C.G.A. § 53-7-41. An estate cannot be closed safely before that window shuts.

1234
  1. 1Claim period 3 months
  2. 2Counted from Notice / letters
  3. 3Outer limit None stated
  4. 4Statute O.C.G.A. § 53-7-41
Claim period
3 months
Counted from
Notice or letters
Outer limit
None stated
Small-estate wait
None stated
0306090120Deathday 0 · 2026-01-15Notice / letters (example)day 45 · 2026-03-01Claim period endsday 137 · 2026-06-01days after death
Georgia: statutory checkpoints for an example death on January 15, 2026, assuming the triggering event (publication of the personal representative's last notice) comes 45 days later. Drawn to scale in days.

The statute

“within three months from the date of publication of the personal representative's last notice”

Source: O.C.G.A. § 53-7-41 (read from the FindLaw copy, current as of 2024-03-28). Last checked 2026-10-20.

Worked example: a death on January 15, 2026

CheckpointDate
Date of deathJanuary 15, 2026
Trigger: publication of the personal representative's last noticeMarch 1, 2026
Creditor claim period ends (3 months, O.C.G.A. § 53-7-41)June 1, 2026

Georgia starts the clock at publication of the personal representative's last notice, so the end date moves with the court. The example assumes that event comes 45 days after the death (March 1, 2026); a later filing pushes June 1, 2026 back day for day.

30 jurisdictions on this site give creditors longer and 3 give them less; the median is 122 days.

Delaware8 monthsSouth Carolina8 monthsDistrict of Columbia6 monthsMaryland6 monthsFlorida3 monthsGeorgia3 monthsNorth Carolina3 months
Creditor claim periods compared (months drawn as 30.44 days). Each period starts from a different event — see each state's page.

Steps that add time

Nearby South Atlantic timelines

Delaware: 8 months from death; District of Columbia: 6 months; Florida: 3 months; Maryland: 6 months from death; North Carolina: 3 months; South Carolina: 8 months.

Related: Georgia small estate limit · creditor claim periods compared · executor timeline.

General information from the statute as written on 2026-10-20; not legal advice. Dates are worked examples of the statutory periods, not deadlines for any real estate. The Georgia probate court and its clerk can confirm how the periods run in a given case.