Laws
- Days After Death – No statute.
- Maximum Amount ($) – No statute. However, for cases in which heirs are only seeking to access funds totaling less than $15,000 kept in the decedent’s bank account, use the Banking Affidavit of Surviving Relative, Intestate Estate Form.
- Publishing – If the estate at issue contains real property, the court must file a certified copy of the order granting the petition with the recorder of deeds in every county where the decedent owned property.[1]
- Signing – Every heir must sign the petition, which must be notarized.[2]
- Statutes – Ga. Code Ann., §§ 7-1-239, 53-2-40
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.