Georgia Small Estate Affidavit: Do You Qualify? Limits by Date of Death, Waiting Periods & Steps

Petition for Order Declaring No Administration Necessary

Filed with the court

Dollar limit

• no fixed dollar cap — for all death dates

What counts toward the limit: No dollar limit. Available for an intestate estate of any size, including real property. Instead of a cap, the gate is: the estate owes no debts (or all known creditors consent or are served with notice) AND all heirs have agreed in writing on a division of the estate.

Waiting period

No statutory waiting period.

Will requirement

Available only when the decedent left no will.

Notarization & approval

Notarization is required. Court approval is required before use.

Where the papers go

Probate court of the county where the decedent was domiciled (if a Georgia domiciliary); if not domiciled in Georgia, the probate court of a county where the decedent's real property is located

Official form

Petition for Order Declaring No Administration Necessary (GPCSF 9 (eff. 7/21))

Statute

O.C.G.A. § 53-2-40

Payment of deposit account of deceased intestate depositor without administration (financial institution affidavit)

Presented directly to the institution holding the asset — no court filing

Dollar limit

• $15,000 — for all death dates

What counts toward the limit: Deposit accounts held at a financial institution only, up to $15,000; does not cover any other asset class.

Waiting period

No statutory waiting period.

Will requirement

Available only when the decedent left no will.

Notarization & approval

Notarization is required. No court approval is required.

Where the papers go

Presented directly to the bank or credit union holding the deposit account; no court filing

Statute

O.C.G.A. § 7-1-239

Affidavit of Inheritance of a Motor Vehicle (Form T-20)

Presented directly to the institution holding the asset — no court filing

Dollar limit

• no fixed dollar cap — for all death dates

What counts toward the limit: One motor vehicle title per affidavit; no dollar limit stated on the form.

Waiting period

No statutory waiting period.

Will requirement

Available only when the decedent left no will.

Notarization & approval

Notarization is required. No court approval is required.

Where the papers go

Submitted with the title application to the Georgia Department of Revenue Motor Vehicle Division / county tag office

Official form

Affidavit of Inheritance of a Motor Vehicle (T-20 (Rev. 06-2005))

Statute

Georgia Department of Revenue, Motor Vehicle Division — Form T-20 (Rev. 06-2005) (administrative form; no single statute printed on the form)

Who inherits without a will in Georgia

Georgia’s intestacy statute (O.C.G.A. § 53-2-1) controls when there is no will.

Spouse, no descendants

Spouse surviving with no children or other descendants is the sole heir and takes the entire estate.

Spouse and descendants

Spouse shares equally with the children (descendants of a deceased child take that child's share per stirpes), 'provided, however, that the spouse's portion shall not be less than a one-third share.'

Descendants only

Children share equally; descendants of any deceased child take that child's share per stirpes.

Statute text via FindLaw, current as of March 28, 2024.