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

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The Georgia small estate affidavit, also known as the ‘petition for order declaring no administration necessary’, may be used by the heirs of a person who died without a will which is known as “intestate”. This can only be filed if there has not already been someone appointed to administer the estate. In order for it to be effective, all heirs must agree to the petition. This helps heirs facilitate the administration of an estate in an efficient way when there is no will and all the heirs are easily available.

Laws – § 53-2-40

Maximum – $10,000 for bank accounts only (§ 7-1-239). Use the Small Estate Affidavit for Bank Accounts Only if the Heirs are seeking to obtain funds from the Decedent’s account.

How to Write

Step 1 Write in the name of the county and the name of the deceased at the top of the document.

Step 2 – In the first section, enter in your name as the petitioner, with your residential and mailing addresses.

Step 3 – In Section 1, enter in the full name of the person who died, plus his or her address and the date of death.

Step 4 – Note that if the decedent had a will this form cannot be used.

Step 5 – In Section 3, enter in the name, age, relationship and address of the decedent’s heirs.

Step 6 – In Section 4, enter in any facts available to demonstrate that there are no other heirs of decedent.

Step 7 – In Sections 5 and 6, enter in the personal and real property of decedent located in Florida.

Step 8 – In Section 7, indicate by initialing the applicable line the status of decedent’s debts.

Step 9 – Note that the heirs must have an agreement regarding distribution of assets signed by all the heirs and attach it to this document.

Step 10 – Sign the document as indicated and then sign it again in front of the probate court clerk.

Step 11 – Submit the form with the requisite attachments to the probate clerk with the requisite filing fees.