Small estate affidavit · Georgia
Small estate affidavit in Georgia
When the estate is small enough, Georgia lets heirs collect assets with a sworn affidavit instead of opening probate.
In Georgia, an estate with sole-name assets under $10,000 can usually be settled with the Petition for Order Declaring No Administration Necessary under § 53-2-40. Wait 30 days after death. Present the notarized affidavit and a certified death certificate at each bank.
Quick facts
| Threshold | $10,000 |
|---|---|
| Statute | § 53-2-40 |
| Form | Petition for Order Declaring No Administration Necessary |
| Wait period | 30 days |
Verify with the Probate Court before filing. Numbers move year to year.
Step by step
Confirm the estate qualifies
Add the date-of-death value of all sole-name assets. Georgia allows the affidavit when the total falls under $10,000, under § 53-2-40.
Wait 30 days
Georgia requires waiting 30 days after death before using the affidavit, allowing creditors time to come forward.
Complete the Petition for Order Declaring No Administration Necessary
Use the form published by Probate Court or the state revenue department. List every asset, every heir, and your relationship to the deceased.
Sign before a notary
The affidavit must be sworn in front of a notary public. Many banks notarize without charge for account holders.
Present at each institution
Bring the original notarized affidavit and a certified death certificate to each bank, brokerage, or DMV. They release the asset directly to the named heir.
Common questions
What is the small estate threshold in Georgia?
Georgia sets the threshold at $10,000 under § 53-2-40. Estates below that line can usually use the affidavit instead of full probate.
What form does Georgia use?
Georgia uses the Petition for Order Declaring No Administration Necessary. Download it from the Probate Court or the state court website.
Does it transfer real estate?
Usually not. The small estate affidavit covers personal property and accounts. Real property in most states needs a separate affidavit, a TOD deed, or full probate.
Do I still need a death certificate?
Yes. Every institution that releases an asset under the affidavit will ask for a certified death certificate alongside the notarized form.
What if I find more assets later?
If new assets push the total above $10,000, you may need to open full probate at the Probate Court. Track every asset you find.