Overview
Chatham County is located in Georgia with a population of approximately 307,336. The Chatham County Probate Court handles all probate and estate matters for decedents who were domiciled in the county at the time of death.
Georgia probate is governed by Title 53 of the Official Code of Georgia Annotated (O.C.G.A.). The process begins with filing a Petition to Probate Will in Solemn Form (GPCSF 5) to admit the will and appoint a personal representative. The court then issues Letters Testamentary for testate estates or Letters of Administration for intestate estates.
Georgia offers a simplified procedure known as "No Administration Necessary" (GPCSF 9) if all heirs agree on the division of property and there are no debts (or creditors consent). Additionally, for small intestate estates with only bank deposits under $15,000, a banking affidavit may be used to claim funds without formal probate.
Note that Georgia does not have a statutory fee schedule for attorneys; fees are a matter of contract. Executors may be entitled to a statutory commission of 2.5% of all money received and 2.5% of all money paid out, unless the will specifies otherwise.
This guide provides an informational overview of the Chatham County probate process. It is not legal advice and is not a substitute for consulting a qualified attorney. Laws and local procedures may change — verify current requirements with the court.
Courthouse Information
Chatham County Probate Court
Probate matters in Chatham County are handled at the Chatham County Courthouse.
Address: 133 Montgomery St., Rm. 509, Savannah, GA 31401-3242
Phone: (912) 652-7264
Hours: Monday, Tuesday, Wednesday, and Friday: 8:00 AM to 5:00 PM; Thursday: 8:45 AM to 5:00 PM (due to staff meetings)
The Probate Court is located in downtown Savannah. Filings are generally accepted until 4:30 PM.
Parking and Access
Paid street parking and public parking garages are available throughout downtown Savannah near the courthouse. A Visitor Day Pass may be available for purchase from the city's Mobility & Parking Services for extended street parking. Security screening is required for entry into the courthouse.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Order Declaring No Administration Necessary: Available if all heirs agree on distribution and the estate has no debts (or creditors consent).
- Banking Affidavit: For intestate estates with less than $15,000 in bank deposits and no other assets requiring administration.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file the appropriate petition (e.g., Petition to Probate Will in Solemn Form or Petition for Letters of Administration) with the Chatham County Probate Court. Include:
- The completed standard form (GPCSF series)
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (approx. $160.00 base + page fees)
- List of all heirs and beneficiaries with addresses
Step 3: Provide Notice
After filing, you must:
- Mail notice (Service) to all heirs and beneficiaries as required by the specific petition type.
- Publish notice in the Savannah Morning News if required (e.g., for solemn form probate with unknown heirs or for Letters of Administration).
Step 4: Attend the Hearing
The court may schedule a hearing if there are objections or if the petition requires it. For many uncontested matters, a hearing may not be necessary if all parties acknowledge service and consent. If approved, the judge issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Publish a Notice to Debtors and Creditors in the Savannah Morning News (must run for four consecutive weeks).
- Inventory and appraise all estate assets within six months (unless waived by the will or heirs).
- Pay valid creditor claims after the three-month notice period expires.
- File federal and state tax returns as needed.
- Distribute assets to beneficiaries.
- File a Petition for Discharge to close the estate.
Local Requirements
Chatham County-Specific Procedures
- Forms: Chatham County uses the standard Georgia Probate Court Standard Forms (GPCSF).
- Payment: The court accepts credit cards, money orders, and cashier's checks. Personal checks are typically not accepted for new filings.
- Publication: Legal notices must be published in the Savannah Morning News, the official legal organ of Chatham County.
- Local Rules: Always check with the clerk for any specific "Green Sheet" or local standing orders that may apply to your specific case type.
Timeline & Fees
Filing Fees (Chatham County)
- Petition to Probate Will / Administration: approximately $160.00 base fee + $2.00 per page
- Recording Fees: included in base or calculated per page depending on document length
- Certified copies of Letters: approximately $10.00 per certified copy
- Publication costs: approximately $185.00 (payable to Savannah Morning News)
- Notice to Debtors/Creditors: approximately $185.00 for four weeks
Payment Methods
The court accepts credit cards, money orders, and cashier's checks. A convenience fee may apply for card transactions.
Estimated Timelines
- Simple estates (no disputes, limited assets): 6-9 months
- Average estates: 9-18 months
- Complex or contested estates: 18 months to 2+ years
Georgia law requires a three-month creditor claim period after publication, which sets a minimum timeline for closing an estate.
Local Resources
Chatham County Court Resources
- Court Website: courts.chathamcountyga.gov/Probate
- Probate Self-Help: Georgia Probate Court Standard Forms
- Georgia Probate Forms: GPCSF Forms
Legal Aid and Attorney Referrals
- Savannah Bar Association: (912) 236-9344 — Local bar association resources.
- Georgia Legal Services Program (Savannah): (912) 651-2180 — Legal aid for qualifying low-income residents.
- State Bar of Georgia: gabar.org
Publication
- Savannah Morning News: (912) 236-9511 — Official legal organ for Chatham County.