Georgia Small Estate Affidavit (Form GPCSF 9)

• Maximum Amount: No dollar limit for an order declaring no administration necessary; the separate bank-account affidavit is capped at $15,000.^[1][2]
• Signing Requirements: Must be signed with signatures attested by a notary public or probate court clerk; the bank affidavit must be sworn and notarized.^[3][4]
• Where to File: The petition is filed in the Probate Court of the county of the decedent’s domicile.^[5]
• When to File: No waiting period for the no-administration petition. (For the bank affidavit, if no qualifying relative claims the account within 45 days of death, the bank may instead apply up to $15,000 toward funeral and last-illness expenses.)^[6][7]
• Survivor Requirements: Georgia has no fixed 120-hour survival rule. Under the Simultaneous Death Act, where an interest depends on survival and survival cannot be established, the property is disposed of as provided by that Act.^[8]

If the decedent did not have a will, the beneficiary hierarchy is as follows:

• Spouse: If the decedent left no children or other descendants, the surviving spouse receives the entire estate.^[9]
• No Spouse, Children: If the decedent left a spouse and children, they share the estate equally, but the spouse’s share is never less than one-third, so with three or more children, the spouse takes one-third, and the children divide the rest. A deceased child’s share passes to that child’s descendants. If there is no surviving spouse, the children take the entire estate equally.^[10]

Step 1 – Confirm the Estate Qualifies

The decedent must have died without a will, no personal representative may have been appointed, the estate must owe no debts (or all creditors consent or are served), and all heirs must agree on the division of the estate.^[11]

Step 2 – Prepare the Heirs’ Agreement

Have all heirs sign a written agreement setting out how the estate will be divided, with signatures attested by a notary public or a probate court clerk.^[12]

Step 3 – Complete GPCSF 9

Complete the Petition for Order Declaring No Administration Necessary (GPCSF 9), attaching the signed heirs’ agreement.^[13]

Step 4 – File With the Probate Court

File the verified petition in the Probate Court of the county of the decedent’s domicile, with the filing fee.^[14]

Step 5 – Obtain the Order

Absent objection, the court enters an order declaring no administration necessary. (For bank funds only, an heir may instead use the sworn § 7-1-239 affidavit to collect a deceased intestate depositor’s account, up to $15,000, directly from the bank.)^[15][16]