A Georgia small estate affidavit is a legal document that allows the heirs of an estate to bypass the formal court administration process when distributing the estate’s property. In Georgia, the form is called the “Petition for Order Declaring No Administration Necessary,” and may only be used if the deceased left no will and appointed no executor. Therefore, if there is a will, the estate will have to go through probate. The petition requires the written consent of all heirs and creditors with interest in the estate.
Note: There is no state maximum estate value for the petition. Therefore, the form is not specifically intended for small estates and cannot technically be considered a “small estate affidavit.” However, like a small estate affidavit, the petition allows successors to avoid probate.
How to File (4 Steps)
- Step 1 – Qualifications
- Step 2 – Complete Petition
- Step 3 – File Forms with Probate Court
- Step 4 – Distribution of Assets
Before filing a petition, the petitioner must ensure that their situation meets the following requirements:
- The decedent died intestate (without a will).
- There is no executor appointed for the decedent’s estate.
- The petitioner is an heir of the estate.
- All heirs consent to the planned distribution of the decedent’s estate.
- All known creditors have been paid in full or consent to the planned distribution.
Download and complete the Petition for Order Declaring No Administration Necessary form package. The petitioner must obtain the signed and notarized consent of all known heirs and creditors to the planned distribution of the decedent’s estate. The notarized signatures may be provided in supplemental pages.
The form package includes the petition and distribution agreement, as well as notice forms that must be served on any heirs and creditors who have not already signed their agreement of the petition. The notice gives these interested parties thirty (30) days to object to the petition prior to its approval.
File the petition with the probate court in the county where the deceased last lived. A copy of the decedent’s death certificate and filing fee payment will also be required. If all interested parties have not given their consent, the court may order that they be served notice of the petition before it can be approved.
If the petition is approved, the judge will execute the order and the court clerk will send certified copies of the order to the recorder of the deeds in any counties in which the decedent’s real estate is located. The petitioner may then distribute the decedent’s property in accordance with the submitted plan using the court order to collect the estate property.