Georgia Small Estate Affidavit: What Georgia Uses Instead

Georgia does not have a general small estate affidavit. Unlike most states, Georgia has no single sworn form that lets an heir collect all of a modest estate, whatever it holds, without going to court, so there is no statewide dollar limit or waiting period to look up.

Georgia instead uses narrower tools: a bank-deposit affidavit for money in a deceased person's account, an Order Declaring No Administration Necessary from the probate court, a year's support petition for a surviving spouse or minor children, and a Department of Revenue affidavit for vehicles. For how other states handle small estates, see our small estate affidavit rules by state.

Information last verified on 2026-10-07. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Georgia's alternatives to a small estate affidavit: the bank-deposit affidavit (O.C.G.A. 7-1-239), the Order Declaring No Administration Necessary (O.C.G.A. 53-2-40 through 53-2-42, form GPCSF 9), year's support (O.C.G.A. 53-3-5, form GPCSF 10), the Department of Revenue's vehicle inheritance rules, and unclaimed property claims. It does not cover full probate administration, who inherits under Georgia intestacy law, estate tax, or the law of any other state.

A note on sources: The current consolidated Georgia Code could not be opened for this update. The bank-deposit rules come from the 2019 act that set them (House Bill 490) and the Georgia Division of Aging Services' deceased-depositor form; the court routes come from the statewide Georgia Probate Court Standard Forms (as hosted by a county probate court) and the Social Security Administration's summary of Georgia small estate law; vehicle and unclaimed property rules come from the Georgia Department of Revenue.

Georgia's options at a glance

Bank accounts: the bank-deposit affidavit

A Georgia banking statute, O.C.G.A. 7-1-239, lets a financial institution pay a deceased depositor's account to certain close relatives who sign an affidavit, without a probate case. It is limited to bank deposits. It does not reach a car, a house or other property.

There is no statewide court form for this affidavit. Banks generally work from their own paperwork. A Dougherty County law-library form for the affidavit still prints a $10,000 limit and a 90-day period, figures that come from the statute's pre-2019 text. Do not rely on that form's numbers. Since a 2019 amendment, O.C.G.A. 7-1-239 lets a bank pay a deposit of not more than $15,000 when the person died without a will. The bank pays, in this order, the surviving spouse; if none, the children in equal shares; if none, the parents; if none, the brothers and sisters. The relative signs an affidavit stating their relationship, that there is no known will, and that there are no other known claimants to the deposit. If no relative applies within 45 days of the death, the bank may instead use up to $15,000 to pay the funeral home and last-illness providers who submit itemized bills and a sworn affidavit. The route does not apply if there is a will or if the deposit is more than $15,000. The Dougherty County form's $10,000 and 90 days are the figures the 2019 law replaced.

A similar rule covers a check or other instrument of up to $15,000 made out to a person who died without a will: the bank it is drawn on may redeem it by paying the same relatives in the same order.

The Order Declaring No Administration Necessary

When a person dies without a will, the heirs can ask the probate court for an Order Declaring No Administration Necessary. It is a court order, not an affidavit, but it can avoid appointing an administrator. The statewide form is GPCSF 9, Petition for Order Declaring No Administration Necessary, effective July 2021.

The form states that it "should only be used when the decedent died intestate (without a will)." Any heir can file the petition, but all of the heirs must agree. The agreement, "containing original signatures of all the heirs, attested to by a clerk of the probate court or a notary public, shall be attached to the petition." If an heir has died, that heir's personal representative or guardian may sign for them.

The order can cover real property. It is available only when no personal representative has been appointed in Georgia. On form GPCSF 9 the petitioner must state that the estate owes no debts, or that each creditor, including any lender holding a security deed on real property, has consented in writing or will be served, and a creditor who is served can file a written objection. After the order, a creditor who was not paid can still sue the heirs for the debt, up to the value of the property the heirs received (O.C.G.A. 53-2-42). A certified copy of a No Administration Necessary order is also one of the documents the Department of Revenue accepts for a vehicle when there is only one heir (see below).

Year's support for a surviving spouse and minor children

Georgia's year's support is a probate court petition that sets property apart for the decedent's surviving spouse and minor children. The statewide form is GPCSF 10, Petition for Year's Support, effective July 2021.

The deadline is firm: "A petition for year's support shall be filed within 24 months of the date of death of the decedent." There is no waiting period before you can file.

Year's support can include a house or land. The petition "shall describe fully and accurately any real property the petitioner proposes to have set apart as year's support," and form GPCSF 10 also requires a Department of Revenue Form PT-61 for each Georgia parcel. For how deeds and land records work, see Georgia property records.

Vehicles: the Department of Revenue's Form T-20

To retitle an inherited vehicle, the Georgia Department of Revenue's vehicle inheritance page accepts one of these as proof of inheritance:

• certified Letters Testamentary,
• a certified Year's Support order, or
• a completed Form T-20, Affidavit of Inheritance, notarized and signed "in the inheritor's full legal name," with a certified copy of the death certificate.

If there is only one heir, a copy of a No Administration Necessary order may take the place of the T-20. You also need the original title with any liens released (Form T-4 shows a lien release), and Form MV-1, the title application. The title fee is $18. "Titles and tags can be obtained at your County Tag Office."

The T-20 is a sworn statement. The person signing states that there is no will, that no administration will be had, that the estate owes no debts, and that the heirs have agreed on how to divide the property. Do not sign it unless each statement is true. If a will exists but will not be probated, the DOR requires a legible copy of it with the T-20. An inheritor who uses the T-20 must title the vehicle in their own name before selling it, and a family member may also need Form MV-16, Affidavit to Certify Immediate Family Relationship. The DOR page we reviewed does not state a dollar cap for this affidavit.

Final paycheck

Under O.C.G.A. 34-7-4, an employer may pay wages and other money owed to a deceased employee without estate administration: to a beneficiary the employee designated in writing, otherwise to the surviving spouse, otherwise to the guardian of the employee's minor children. The statute caps how much a private employer may pay this way; see Georgia final paycheck laws for the details.

Unclaimed property

The Georgia Department of Revenue runs the state's unclaimed property program. Heirs and executors may claim property held for a deceased owner, but "to submit a claim on behalf of an estate or business, you will be required to submit a printed Claim Form that may need additional documentation." The program page we reviewed does not state a small estate threshold. See Georgia unclaimed property for how to search.

What this page could not confirm

Because the current consolidated Georgia Code was not opened for this update, this page does not cover the penalty for a false sworn statement on the bank affidavit or Form T-20. Ask the probate court clerk before relying on a shortcut.

When you need probate administration

If the person left a will (which rules out the bank-deposit affidavit and the no-administration order), if the heirs cannot all agree, or if a creditor objects, the estate usually needs administration in the probate court. See Georgia probate for how that process works.

Related

• Small estate affidavit rules by state
• Georgia probate
• Georgia unclaimed property
• Georgia property records
• Florida small estate affidavit

Disclaimer: This article provides general legal information about Georgia's alternatives to a small estate affidavit under Georgia law, based on Georgia probate court forms and Department of Revenue sources verified on 2026-10-07. It is not legal advice. For help with a specific estate, contact the probate court clerk in the county where the person lived, a legal aid office, or a lawyer licensed in Georgia.

Last updated: 2026-10-07.

Frequently Asked Questions

Does Georgia have a small estate affidavit?

Not a general one. Georgia relies on narrower tools instead: a bank-deposit affidavit under O.C.G.A. 7-1-239, a probate court Order Declaring No Administration Necessary (GPCSF 9), year's support for a spouse or minor children (GPCSF 10), and the Department of Revenue's Form T-20 for vehicles.

What is the small estate limit in Georgia?

There is no general small estate limit because there is no general affidavit. The bank-deposit affidavit under O.C.G.A. 7-1-239 applies to a deposit of not more than $15,000 when the person died without a will. One county law-library form still prints the $10,000 figure that the 2019 amendment replaced.

Can I transfer a house without probate in Georgia?

Not by affidavit. Real property can pass through a probate court order, such as an Order Declaring No Administration Necessary for an intestate estate (GPCSF 9) or a year's support order (GPCSF 10), which requires a full legal description and a Department of Revenue Form PT-61 for each Georgia parcel.

How long after death can a spouse file for year's support in Georgia?

The petition must be filed within 24 months of the date of death, according to the statewide form GPCSF 10.

Does the no-administration order work if there is a will?

No. The statewide form GPCSF 9 says it should only be used when the decedent died intestate (without a will), and every heir must sign the agreement attached to the petition.

How do I transfer a car from a deceased person in Georgia?

At the County Tag Office, the Department of Revenue accepts certified Letters Testamentary, a certified year's support order, or a notarized Form T-20 Affidavit of Inheritance with a certified death certificate, plus the original title with liens released and Form MV-1. The title fee is $18.