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Georgia Small Estate Affidavit: Limit & How-To

Two different Georgia shortcuts, two different sets of paperwork — here's exactly what each one takes to actually file.

O.C.G.A. § 7-1-239, § 53-2-40

By the FigureMyTax Editorial Team · Reviewed 2026 · How we calculate

Quick answer: a bank account under $15,000 uses the banking affidavit, filed with the bank itself, no court involved. Anything larger, or any real estate, uses the No Administration Necessary petition, filed with the probate court under O.C.G.A. § 53-2-40, with no dollar limit at all. Check which one fits with the Georgia small estate checker.

Filing the banking affidavit (§ 7-1-239)

This one skips the courthouse entirely. The claimant — typically a surviving spouse or the person entitled to the funds under the will or Georgia's intestacy law — presents a sworn affidavit directly to the bank, along with a certified copy of the death certificate and proof of their relationship to the decedent. The bank itself reviews and releases the funds; there's no judge, no hearing, no filing fee to the court.

Filing the No Administration Necessary petition (§ 53-2-40)

  1. Confirm eligibility first. The decedent must have died without a will, with no personal representative already appointed anywhere in the state.
  2. Get every heir's signature. A written agreement describing how the heirs have divided the property, with each heir's original, notarized signature — no exceptions, no signing on someone else's behalf without separate legal authority.
  3. Address any debt. The petition must state either that the estate owes no debts, or that known creditors have consented to the petition or will be formally served notice under Georgia's creditor-notice rules.
  4. File with the right probate court. The county of the decedent's domicile, or, for a non-resident decedent, the county where the Georgia real property sits.
  5. Wait out the notice period. If any heir or creditor objects, the court refuses the petition. If nobody objects, the judge issues an order that no administration is necessary.
  6. Record it, if real estate is involved. Within 30 days, the court files a certified copy of the order in the deed records of every county where the decedent owned real property, indexed under the decedent's name.

What each route costs

The banking affidavit itself is typically free beyond a notary fee. The No Administration Necessary petition carries the county probate court's filing fee (varies by county), plus the same fee charged for recording a deed if real property needs to be recorded into the heirs' names afterward.

Both Georgia shortcuts are filed at the local probate court — Fulton, Cobb, Gwinnett, DeKalb, and Chatham County among the busiest — though the underlying statute is identical statewide.

Facing probate in Georgia?

A local probate attorney can review your estate — many offer a free consultation.

Talk to a Georgia attorney

Limit & how-to — frequently asked questions

What documents does Georgia's banking affidavit need?

A sworn affidavit identifying the account and the claimant's relationship to the decedent, a certified death certificate, and proof of the claimant's right to the funds under Georgia's intestacy law or the will — presented directly to the bank holding the account.

Where do I file a Georgia No Administration Necessary petition?

In the probate court of the county where the decedent was domiciled, or, if the decedent lived outside Georgia, the county where the real property is located.

Does every heir have to sign the Georgia petition personally?

Yes. O.C.G.A. Section 53-2-40 requires the written agreement dividing the property to carry every heir's original, notarized signature — it cannot be signed on someone else's behalf without proper legal authority to do so.

How long does Georgia's No Administration Necessary process take?

Once the petition and signed heir agreement are filed complete, and assuming no creditor or heir objects, courts typically issue the order within a few weeks — notably faster than opening and closing a full probate estate, which often takes several months to over a year.

Keep going

Georgia Small Estate Affidavit CheckerWhich shortcut fits, based on your answers Do I Need Probate in Georgia?Year's Support and the full decision tree Transferring a Car in Georgia Without ProbateForm T-20 at the county tag office Georgia Probate Cost CalculatorIf this estate needs full probate

This page provides general guidance only and is not legal advice. Based on O.C.G.A. § 7-1-239 and § 53-2-40. Filing fees and exact procedures vary by county. Confirm current requirements with the relevant county Probate Court or a licensed Georgia attorney before acting.