Overview
Putnam County is located in Georgia with a population of approximately 22,047. The Putnam 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 unique "Petition for Order Declaring No Administration Necessary" for estates where all heirs agree and there are no debts (or creditors consent). There is no specific dollar cap for this procedure, but it is strictly limited to amicable situations. For very small bank accounts (under $15,000) where the decedent left no will, a banking affidavit may be used to collect funds without court administration.
Georgia does not have a statutory fee schedule for attorneys; fees are typically hourly or flat-rate based on agreement. Executors are entitled to a statutory commission of 2.5% of all funds received and 2.5% of all funds paid out, plus 10% of interest earned, unless the will specifies otherwise.
This guide provides an informational overview of the Putnam 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
Putnam County Probate Court
Probate matters in Putnam County are handled at the Putnam County Courthouse.
Address: 100 South Jefferson Avenue, Suite 318, Eatonton, GA 31024
Phone: (706) 485-5476
Hours: Monday through Friday, 8:00 AM to 5:00 PM
Probate Judge: Brandy Turk Huskins
The Probate Court is located on the third floor of the historic courthouse in the East Wing, Room 318.
Parking and Access
Public parking is available around the courthouse square in downtown Eatonton. Visitors should be prepared for security screening upon entering the courthouse building.
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 asset division and the estate has no debts (or creditors consent). No dollar limit applies.
- Banking Affidavit: If the decedent died without a will and the only asset is a financial account with less than $15,000, heirs may claim it via affidavit (O.C.G.A. § 7-1-239).
- Year's Support: A surviving spouse or minor children can petition for a portion of the estate for their support, which takes precedence over most debts and the will.
- 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 Georgia Probate Court Standard Form (GPCSF) with the Putnam County Probate Court. Common forms include:
- Petition to Probate Will in Solemn Form (GPCSF 5): For testate estates (with a will).
- Petition for Letters of Administration (GPCSF 3): For intestate estates (no will).
- Original Will: Must be filed with the court.
- Death Certificate: A certified copy is required.
- Filing Fee: Approximately $205–$210 (varies by page count and service fees).
Step 3: Provide Notice
After filing, you must:
- Serve notice to all heirs and beneficiaries. They may acknowledge service and consent to the petition to speed up the process.
- Publish notice in the The Eatonton Messenger (the county legal organ) if heirs cannot be located or for creditor notification purposes.
Step 4: Attend the Hearing
If the petition is uncontested and all heirs consent, a hearing may not be required, or it may be a formality. If contested or if heirs do not consent, the court will schedule a hearing. Upon approval, the judge issues Letters Testamentary (for wills) or Letters of Administration (no will).
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Publish Notice to Debtors and Creditors in The Eatonton Messenger within 60 days.
- Inventory and appraise assets (unless waived by the will or heirs).
- Pay valid debts and expenses.
- File federal and state tax returns as needed.
- Distribute remaining assets to beneficiaries.
- File a Petition for Discharge to close the estate and be released from liability.
Local Requirements
Putnam County-Specific Procedures
- Standard Forms: Putnam County uses the Georgia Probate Court Standard Forms (GPCSF). These are available online or at the courthouse.
- Legal Organ: All legal notices (Notice to Debtors/Creditors, Citation) must be published in The Eatonton Messenger.
- E-Filing: Check with the court clerk regarding the current status of e-filing availability, as many Georgia counties are transitioning to systems like PeachCourt.
- Judicial Assistance: The court staff can provide forms but cannot give legal advice.
Publication: Notice must be published in a newspaper of general circulation in Putnam County for four consecutive weeks for certain citations.
Timeline & Fees
Filing Fees (Putnam County)
- Petition to Probate Will in Solemn Form: approximately $205.00 (base fee)
- Petition for Letters of Administration: approximately $205.00 (base fee)
- Certified copies of Letters: $10.00 per certified copy
- Recording fees: $2.00 per page
- Publication costs: approximately $120–$150 (payable to The Eatonton Messenger)
Note: Fees are subject to change. Effective Jan 1, 2025, Georgia updated statutory probate fees.
Payment Methods
The court accepts cash, money orders, and credit/debit cards (with a processing fee). Personal checks may not be accepted from pro-se litigants; verify with the clerk.
Estimated Timelines
- Simple estates (all heirs consent): 6-9 months
- Average estates: 9-18 months
- Complex or contested estates: 18 months to 2+ years
Factors affecting timeline include the 3-month creditor claim period after publication and tax filing requirements.
Local Resources
Putnam County Court Resources
- Court Website: putnamprobate.com
- Georgia Probate Forms: gaprobate.gov
- Council of Probate Court Judges: gaprobate.gov
Legal Aid and Attorney Referrals
- State Bar of Georgia: (404) 527-8700 — gabar.org
- Georgia Legal Aid: georgialegalaid.org
Publication
- The Eatonton Messenger: (706) 485-3501 — Official legal organ for Putnam County.