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Georgia Small Estate Affidavit | Petition for Order Declaring No Administration Necessary

A Georgia small estate affidavit is a means to distribute the assets of certain kinds of estates more quickly than the probate process. It may only be used when the decedent died without a will and all of the decedent's heirs have agreed to the distribution.
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How to File (4 steps)

1. Complete the Petition

The petition declaring no administration necessary may be filled out by any relative or person interested in the decedent’s estate. A completed petition must include every heir of the deceased, their age, and contact information. If there is uncertainty about whether someone qualifies as an heir, use the Georgia Heir Determination Worksheet.

2. Address Outstanding Debts

An order that no administration is necessary is only available when doing so will not impede the payment of the estate’s debts. If the estate has none, then the petition may be filed immediately. If not, there are three options: the heirs may settle the debts; the affiant may contact the debt holders and get them to consent to the petition; or the affiant may identify all of the estate’s outstanding debts, document them on the petition, and then let the court obtain their consent once the petition has been submitted. For the last option, if any debt holders object, the petition will not be allowed.

3. File the Petition

The petition should be filed at the probate court in the county where the decedent resided. To find the courthouse, use this Court Locator.

4. Pay Additional Costs if Necessary

Once the petition has been filed, the court will review it to ensure that the information is complete. In addition to the filing fee—which will depend on the county where the petition was filed—additional costs may be necessary before the order is granted, such as the cost of filing a copy of the order with the recorder of deeds in every county where the decedent owned real estate.

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