Overview
Richmond County is located in Georgia with a population of approximately 206,303. The Probate Court of Richmond County 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 for Letters of Administration (if there is no will) or a Petition to Probate Will in Solemn Form (if there is a will) 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 simplified procedure called "No Administration Necessary" for intestate estates where all heirs agree on the distribution and there are no debts (or creditors consent). Additionally, a banking affidavit can be used for small deposits under $15,000 if no personal representative has been appointed.
Georgia law provides for a statutory executor/administrator 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 or a different agreement is reached.
This guide provides an informational overview of the Richmond 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
Probate Court of Richmond County
Probate matters in Richmond County are handled at the John H. Ruffin, Jr. Courthouse.
Address: 735 James Brown Blvd, Suite 1000, Augusta, GA 30901
Phone: (706) 821-2434 (Probate Court)
Hours: Monday through Friday, 8:30 AM to 5:00 PM
The Probate Court is located in the Augusta-Richmond County Judicial Center. The court handles wills, estates, guardianships, and conservatorships.
Parking and Access
Parking is available at the judicial center, though spaces can be limited (approximately 300 spaces). There is a public lot accessible from Columbia Road. Visitors must pass through security screening upon entering the courthouse; cell phones and electronic devices may be restricted or require checking in.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- No Administration Necessary: Available if the decedent died without a will, all heirs agree on asset division, and there are no debts (or creditors consent).
- Year's Support: A petition allowing a surviving spouse or minor children to claim a portion of the estate for support, which takes priority over most debts and the will.
- Banking Affidavit: If the estate has no will and no administrator is appointed, heirs can claim bank deposits of $15,000 or less via affidavit.
- 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 with the Probate Court of Richmond County. Common forms include:
- Petition to Probate Will in Solemn Form (Standard for wills)
- Petition for Letters of Administration (No will)
- Petition to Probate Will in Common Form (Faster but not binding for 4 years)
Required Documents:
- The completed petition (Georgia Probate Court Standard Forms)
- Original will and codicils (if applicable)
- Certified death certificate
- Filing fee (approx. $215.00 base fee)
- Interrogatories to Witness to Will (if the will is not self-proving)
Richmond County encourages the use of standard Georgia probate forms.
Step 3: Provide Notice
After filing, you must:
- Mail notice (Service) to all heirs and beneficiaries. They may sign an acknowledgment of service and consent to waive formal service.
- Publish notice in the The Augusta Chronicle (or current legal organ) if heirs cannot be located or for creditor notification.
- Notice to Creditors: You must publish a notice to debtors and creditors in the legal organ for four consecutive weeks.
Step 4: Attend the Hearing
If the petition is uncontested and all heirs consent (Solemn Form), a hearing may not be required, or it may be a formality. If contested or if heirs do not sign consents, the court will schedule a hearing. Upon approval, the judge issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Publish the Notice to Debtors and Creditors
- Inventory and appraise all estate assets within 6 months (unless waived by the will or heirs)
- Pay valid creditor claims in the statutory order of priority
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a Petition for Discharge to close the estate and be released from liability
Local Requirements
Richmond County-Specific Procedures
- E-Filing: Richmond County may utilize e-filing systems (e.g., PeachCourt or similar) for certain documents; check with the clerk for current mandatory e-filing rules.
- Forms: The court strictly adheres to the Georgia Probate Court Standard Forms (GPCSF). Using outdated or incorrect forms may result in rejection.
- Identification: Valid photo ID is required for all in-person filings and hearings.
- Publication: Legal notices must be published in The Augusta Chronicle. The court clerk often facilitates the transmission of the notice to the newspaper, but the petitioner pays the fee.
Judge: Judge Stacy Y. Johnson (verify current presiding judge).
Timeline & Fees
Filing Fees (Richmond County)
Fees are subject to change. Estimates below include base fees; publication costs are additional.
- Petition for Letters of Administration: approximately $215.00 (base)
- Petition to Probate Will in Solemn Form: approximately $215.00 (base)
- Petition for No Administration Necessary: approximately $215.00 (base)
- Certified copies of Letters: $10.00 per certified copy
- Publication costs: approximately $80.00 - $150.00 (payable to The Augusta Chronicle)
- Recording fees: $2.00 per page
Note: Georgia law mandates a 2.5% commission on receipts and disbursements for Personal Representatives, unless waived.
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
- Uncontested Solemn Form Probate: 1-3 months
- No Administration Necessary: 1-2 months
- Average Estate Administration: 6-12 months (due to the 3-month creditor period)
- Complex or Contested Estates: 12 months to several years
Local Resources
Richmond County Court Resources
- Court Website: www.augustaga.gov/197/Probate-Court
- Georgia Probate Forms: gasupreme.us/probate-court-standard-forms
- Council of Probate Court Judges of Georgia: gaprobate.gov
Legal Aid and Attorney Referrals
- Augusta Bar Association: (706) 722-8335 — Local attorney networking and information.
- Georgia Legal Services Program (Augusta Office): (706) 721-2327 — Legal aid for low-income residents.
- State Bar of Georgia: gabar.org
Publication
- The Augusta Chronicle: (706) 724-0851 — Official legal organ for Richmond County.