When a person dies in Georgia without a will, their estate goes through probae under the laws of intestacy. Essentially, this is a "one size fits all" statutory substittue for a will.

There is a cost set by law for the filing of every new probate proceeding, as well as for most pleadings filed after the initial filing, including objections, caveats and claims. There is a minimum deposit toward costs required for every new proceeding which must be paid in advance. Unless otherwise ordered or directed by the court, costs are the responsibility of the person filing the original proceeding, and full payment of any balance due may be required prior to issuance of a final order. A party filing an objection or caveat to a pending proceeding or a creditor filing a claim must pay the fee for the filing of same before the court is required to accept it for filing.

Court costs are considered an expense of administration under law, having a priority over other debts and claims, and must be paid by the personal representative of the estate prior to the payment of other debts and prior to distribution to heirs or beneficiaries. The failure or refusal to pay court costs may result in the dismissal of proceedings, the removal of the personal representative or other actions by the court to assure and receive payment.

SOURCE: Judicial Branch of Georgia

If a family member or loved one has died in metro Atlanta or Marietta, Georgia, and you need assistance in probating and settling their estate, the Marietta GA probate lawyer and attorney Steve Worrall can assist you. Call us at 770-425-6060.