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State Guide

Georgia

What Georgia law actually says about death, probate, cremation, advance directives, and estate taxes. No legal jargon. No upselling. Just what you need to know.

Someone just died in Georgia? The first 24 hours, step by step →

Guide Status

Last reviewed June 2026

Laws change. Each section shows when it was last verified. Always confirm with a licensed Georgia attorney for your specific situation.

This is general information, not legal advice. Georgia law changes. Your situation is specific. For anything that matters, talk to a licensed Georgia attorney. Find one here →

Death Certificates

At a Glance

3
days to file
after death
25
years
confidential
$25
certified
copy fee
Death occursRestricted (25 yrs)Public record

File within 3 days · Restricted for 25 years · Then public

The 72-hour rule.

In Georgia, a death certificate must be filed within 72 hours of death and before the body is buried or cremated. The funeral director prepares the certificate; the attending physician certifies the cause of death. (O.C.G.A. 31-10-15)

Order at least 10 certified copies. Banks, insurance companies, and government agencies all require originals.

Who files it.

The funeral director or person in charge of final disposition files the death certificate with the local registrar. The attending physician must complete the medical certification within 24 hours of being notified.

Who can order copies.

Immediate family members, legal representatives, and persons with a direct and tangible interest can order certified copies.

  • Georgia DPH Vital Records: dph.georgia.gov
  • Cost: $25 for first copy, $5 for each additional copy ordered at the same time
  • Expedited service available through VitalChek

How do I get a death certificate in Georgia?

Order certified copies from Georgia's vital records office; this section's source link is the official process. The funeral home or cremation provider usually orders the first copies for you. Order at least 10: banks, insurers, and agencies each want their own certified copy.

How much does a death certificate cost in Georgia?

$25 per certified copy in Georgia, as shown above. Additional-copy pricing varies; the official source linked in this section has the current fee schedule.

Related questions

At a Glance

$15k
small estate
threshold
simplified
process available
8-12 months
typical
timeline

Small estate threshold vs. national average

US avg $50k
$0$150k+

When probate is required.

Georgia does not have a simple dollar-threshold for probate. However, simplified procedures exist: estates with bank accounts under $15,000 and no will may use an affidavit. A Year's Support petition (O.C.G.A. 53-3-1) can transfer property to a surviving spouse or minor children without full probate.

Georgia probate typically takes 8-12 months. The Probate Court in the county where the deceased lived oversees the process.

If you die without a will.

Georgia intestate succession (O.C.G.A. 53-2-1) determines who inherits:

  • Spouse + descendants: spouse and descendants inherit equally; spouse gets at least one-third
  • Spouse only (no descendants): spouse gets everything
  • No spouse, descendants survive: descendants inherit equally
  • No spouse or descendants: parents, then siblings, then more distant relatives

What goes through probate.

Only assets owned solely by the deceased without beneficiary designations. Joint tenancy property, accounts with named beneficiaries, and life insurance pass outside probate automatically.

How long does probate take in Georgia?

A straightforward Georgia probate typically runs 8-12 months, as shown in this section. Contested wills, missing heirs, or real property in other states stretch it well past that.

What is the small-estate limit in Georgia?

$15,000. Estates under that figure can use the simplified process or affidavit covered above instead of full probate.

Do I need a probate attorney in Georgia?

Not always. If the estate qualifies for the simplified process covered above, many people handle it without a lawyer. Hire one for full probate, a contested will, or property in more than one state. Before you hire anyone, know the fee structures: hourly, flat, and (in a few states) statutory percentages. Our probate attorney cost guide covers what each should run you.

Does Georgia allow transfer-on-death deeds?

Yes. Georgia authorizes the transfer on death deed under O.C.G.A. §§ 44-17-1 through 44-17-7 (Title 44, Ch. 17). Record it while you are alive and the property passes to your named beneficiary at death, outside probate, revocable any time before then. New since July 1, 2024, and not the uniform act: after the owner dies, the beneficiary must record an affidavit with a death certificate within nine months or the property falls back into the estate.

Source: O.C.G.A. §§ 44-17-1 through 44-17-7 (Title 44, Ch. 17)

Related questions

Dying Without a Will

Last verified: July 17, 2026

Source: O.C.G.A. §§ 53-2-1, 53-2-51

Die without a will in Georgia and this law picks your heirs.

If you die intestate (without a valid will) in Georgia, O.C.G.A. §§ 53-2-1, 53-2-51 decides who inherits everything a will would have covered. The shares depend on exactly who survives you: spouse, children, parents, siblings. What you told people you wanted does not matter. Only a signed will changes these defaults.

No dollar amounts anywhere: everything is fractions, and half-blood relatives inherit equally with whole-blood. Escheated estates go to the county board of education's school fund, not the state treasury.

What your spouse gets.

What your spouse inherits depends on who else survives you. The four common family shapes:

  • Spouse only (no descendants or parents): the spouse is the sole heir and takes everything.
  • Spouse + parents (no descendants): parents change nothing, the spouse is still the sole heir.
  • Spouse + joint descendants: the spouse and children share equally, but the spouse never gets less than one-third.
  • Spouse + blended family: same rule, equal shares with all the decedent's children, spouse guaranteed at least one-third.
  • Source: O.C.G.A. §§ 53-2-1, 53-2-51

Children's shares.

With no spouse, the children take equal shares, and a deceased child's descendants take that child's share per stirpes.

No spouse, no children: the line of succession.

After children come parents, then siblings (a deceased sibling's descendants take per stirpes, and if no sibling survives, nieces and nephews take equally), then grandparents, then uncles and aunts (then first cousins), then the nearest degree of kinship: and if no heir claims within four years, the property goes to the county board of education (O.C.G.A. § 53-2-51).

Related questions

Advance Directives & Healthcare Wishes

At a Glance

18
min. age
2
witnesses
required
notary
required

Living Will

Specifies end-of-life care wishes

Healthcare Proxy

Names a decision-maker for you

DNR / POLST

Do-not-resuscitate orders

Georgia Advance Directive for Health Care.

As of July 1, 2007, Georgia replaced separate living wills and healthcare powers of attorney with a single combined document: the Georgia Advance Directive for Health Care (O.C.G.A. 31-32-5). This document appoints a healthcare agent and specifies your wishes for end-of-life care.

Georgia's combined advance directive form is available from the Georgia Department of Public Health.

POLST (Physician Orders for Life-Sustaining Treatment).

Georgia recognizes POLST as a medical order for seriously ill patients (O.C.G.A. 31-1-14). A POLST is signed by a physician and travels with the patient across healthcare settings. Unlike an advance directive, a POLST is a medical order.

Where do I get Georgia's advance directive form?

The controlling law is O.C.G.A. 31-32-5 (Georgia Advance Directive for Health Care), linked as this section's source. Most people use the free statutory form: Georgia's health department, hospital systems, and state bar publish fillable versions that match it. You do not need to buy one, and you do not need a lawyer to complete it.

Does Georgia require a notary or witnesses for an advance directive?

Georgia requires 2 adult witnesses; notarization is not required. Anyone 18 or older of sound mind can make one.

Related questions

At a Glance

24hour minimum waiting period before cremation
This state
24 hrs (shortest)72 hrs (longest)
Cremation permit
Written authorization
Home burial allowed

Cremation regulations.

Georgia requires a cremation permit from the local registrar before cremation. Crematories must be licensed (O.C.G.A. 43-18-72). Embalming is not legally required. Burial vaults or grave liners are not required by state law.

Right of disposition.

Georgia law (O.C.G.A. 31-21-7) establishes a priority order: (1) the deceased's written instructions, (2) designated agent, (3) surviving spouse, (4) adult children by majority, (5) parents, (6) siblings, (7) other relatives.

If you have strong preferences about cremation vs. burial, document them in writing. Georgia law gives priority to written instructions over family wishes.

Green burial and human composting.

Green burial is permitted in Georgia. Human composting (natural organic reduction) became legal in Georgia on May 9, 2025. This practice converts human remains into soil amendment through a controlled decomposition process.

Related questions

Estate Taxes

Last verified: July 17, 2026

Source: Georgia Department of Revenue

At a Glance

State Estate Tax
NONE
No state-level estate tax
Inheritance Tax
NONE
No inheritance tax
Federal Estate Tax
Up to 40%
Applies above
$15.00M (2026)

No Georgia estate tax.

Georgia does not impose a state estate tax. The state's estate tax was phased out in 2005 and officially repealed in 2014.

No Georgia inheritance tax.

Georgia does not impose an inheritance tax. Beneficiaries inheriting assets from a Georgia decedent pay no state-level inheritance tax.

Federal estate tax.

Georgia residents are still subject to the federal estate tax. The federal exemption is $15 million per individual in 2026.

The One Big Beautiful Bill Act (2025) made the $15 million exemption permanent. The drop to roughly $7 million once scheduled for 2026 never took effect, so there is no expiring exemption to plan around.

Does Georgia have an estate tax?

No. Georgia has no state estate tax. Only the federal estate tax applies, and only to estates over $15 million per person (2026), $30 million for a married couple.

Does Georgia have an inheritance tax?

No. Georgia does not tax inheritances. Heirs owe no state tax on what they receive.

What is the federal estate tax exemption for 2026?

$15 million per person, $30 million for a married couple, indexed for inflation. The One Big Beautiful Bill Act (2025) made the higher exemption permanent. Estates below the threshold owe no federal estate tax.

Related questions

Organ Donation

At a Glance

18+
to register
How to Register
Online
DDS
Mail
Family Override
Binding
Your decision is legally binding
State registry: Donate Life Georgia

The Georgia Donor Registry.

Georgia maintains a donor registry through Donate Life Georgia. Registration through the Department of Driver Services (DDS) when obtaining or renewing a driver's license is the most common method. (O.C.G.A. 40-5-6)

Your family cannot override your registration.

Under Georgia law, a registered donor's decision is considered first-person authorization and is legally binding. Tell your family anyway to reduce conflict and delays.

How to register.

Register online at donatelifegeorgia.org, at any Georgia DDS location, or by mail.

  • Online: donatelifegeorgia.org
  • At the DDS when renewing your license
  • By mail: request a registry card from Donate Life Georgia

Related questions

Need Help in Georgia?

Some of this requires a Georgia attorney.

Wills, trusts, advance directives, and probate all benefit from a licensed professional. We have compiled a directory of funeral directors, grief counselors, hospice providers, and financial advisors. Sorted by state. Before a listing appears, we check the provider's phone and address against the provider's own website.

Find Help in Georgia

From The MORTL Edit

Read when you're ready.

Sources: Official Code of Georgia Annotated (via the Georgia General Assembly's official LexisNexis portal), Georgia Department of Public Health (dph.georgia.gov), Georgia Department of Revenue, Donate Life Georgia, State Bar of Georgia. This guide is reviewed periodically and updated when laws change. Last full review: June 2026.

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