Settle a small estate in Georgia without probate
In Georgia this is called: Petition for order declaring no administration necessary; year's support; payment of a deceased depositor's funds (up to $15,000) without administration. Georgia has no general small estate affidavit with a dollar limit. If the person died without a will, owed no debts (or the creditors agree), and all the heirs agree how to divide the property, the probate court can order that no administration is necessary.
Up to $15,000, no court filing.
Checked against official sources: October 30, 2026.
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Free tools
Balance request letter
Ask a bank or holder for the balance on the date of death.
What-to-gather checklist
Papers, steps, forms and fees for Georgia, by procedure.
Car, bank, house in Georgia
Car or other vehicle
At the County Tag Office, the inheritor brings the MV-1 Title/Tag Application, the original title in the person's name with liens released, a certified death certificate, and an inheritance document: letters testamentary, a certified year's support order, or Form T-20 Affidavit of Inheritance.
Bank accounts
Survivorship and payable-on-death accounts pass to the survivor or beneficiary. If the person left no will and had $15,000 or less on deposit, the bank may pay it to the surviving spouse, or if none the children, then the parents, then the brothers and sisters, on a sworn affidavit.
House or land
Since July 1, 2024, an owner can record a deed titling Georgia real estate in transfer-on-death form, naming one or more grantee beneficiaries.
Related pages
Petition for Order Declaring No Administration Necessary (O.C.G.A. 53-2-40 et seq.; Georgia Probate Court Standard Form 9)
A petition to the probate court asking for an order that no estate administration is needed. The heirs sign a written agreement dividing the property. The court's order lets them transfer the property, including real estate, without appointing an administrator.
- Waiting period
The law sets no waiting period. After filing, the court issues a citation and the case waits for the objection deadline and any required notice.
- Who can use it
The heirs of a person who died without a will. All heirs must agree unanimously to the division in a signed written agreement. The personal representative of a heir who has since died can agree for that heir. Heirs who are minors or incapacitated must be represented by a guardian or a guardian ad litem.
- Court or where to file
The probate court of the county where the person was domiciled.
- Notary
Signatures of heirs acknowledging service, and the heirs' division agreement, must be sworn before a notary public or a probate court clerk.
- Papers to attach
- Signed original agreement of all heirs dividing the estate, with a legal description of any real estate
- List of all heirs with ages and addresses, and facts showing there are no other heirs
- Description of the personal property (with account and serial numbers) and of the real estate in Georgia
- Statement that the estate owes no debts, or names and addresses of creditors, or creditors' written consent
- Certified death certificate (the court usually asks for it)
- Steps
- Confirm the person died without a will and list all heirs under Georgia law.
- Pay or get written consent from any creditors; list any lenders holding a security deed.
- All heirs sign a written agreement dividing the property, before a notary or probate clerk.
- File Standard Form 9 with the agreement in the probate court of the county where the person lived and pay the costs.
- The court issues citation and notice; creditors who did not consent must be served.
- If the court grants the petition, use certified copies of the order to transfer accounts, vehicles and real estate.
- Fee
Probate court costs are charged when you file; ask the probate court clerk.
Law: O.C.G.A. secs. 53-2-40 to 53-2-51 (as amended by 2025 Ga. Laws Act 310, HB 327)
Source: Official page
Year's Support (O.C.G.A. 53-3-1 et seq.; Georgia Probate Court Standard Form 10)
A petition to the probate court by a surviving spouse or minor children to set apart property, including real estate, to support them for 12 months after the death. Property set apart as year's support goes to them ahead of most other claims.
- Waiting period
The petition must be filed within 24 months after the death.
- Who can use it
The surviving spouse and/or the person's minor children (or someone acting for the minor children).
- Court or where to file
The probate court of the county where the person was domiciled.
- Notary
Heirs and beneficiaries who acknowledge service must sign before a notary or probate clerk.
- Papers to attach
- Exhibit A: the property to be set apart, with legal descriptions of real estate
- Exhibit B: heirs and beneficiaries, and the tax commissioner of each county with real estate
- Georgia Department of Revenue Form PT-61 for each parcel of Georgia real estate, filed by the final order
- Steps
- List the property to be set apart and the amount needed to keep the spouse's and minor children's standard of living for 12 months.
- Fill in Standard Form 10 with its exhibits.
- File it with the probate court within 24 months after the death.
- Serve the heirs, beneficiaries and tax commissioners as the court directs.
- File a PT-61 for each parcel of real estate no later than the final order.
- Fee
Probate court costs are charged when you file; ask the probate court clerk.
Law: O.C.G.A. secs. 53-3-1 to 53-3-20
Source: Official page
Payment of a deceased depositor's funds without administration (O.C.G.A. 7-1-239)
If a person died without a will and had $15,000 or less in a bank, the bank may pay it directly to close family on a signed affidavit, without any court case.
- Limit
Up to $15,000 Counted at full value, without subtracting debts.
The deposit at that financial institution (or a check payable to the person, under a companion law) cannot be more than $15,000.
- What counts
The amount on deposit at that financial institution (or the amount of a check payable to the person).
- Waiting period
No waiting period for family. If no family member applies within 45 days after the death, the bank may instead use up to $15,000 to pay the funeral and last-illness bills.
- Who can use it
In this order: the surviving spouse; if none, the children equally; if none, the father and mother equally; if none, the brothers and sisters equally. Only when the person left no will.
- Court or where to file
Given to the bank or other financial institution.
- Notary
It is a sworn statutory affidavit.
- Papers to attach
- Certified death certificate (banks usually ask for it)
- The statutory affidavit stating your relationship, that there is no known will, and that there are no other known claimants
- Steps
- Confirm the person left no known will and the deposit is $15,000 or less.
- Fill in the affidavit stating your relationship to the person, that there is no known will and no other known claimant.
- Sign it before a notary and give it to the bank.
- Fee
No court fee; not filed with a court.
- What the bank or holder must do
The bank is authorized, not required, to pay on the affidavit. A payment made under this law fully releases the bank from any claim by an heir, creditor or anyone else, and no administration or no-administration order is needed.
Law: O.C.G.A. sec. 7-1-239 (as amended by 2019 Ga. Laws, HB 490); O.C.G.A. sec. 7-1-239.1 (checks)
Source: Official page
What counts toward the limit in Georgia
Georgia's petition for no administration and year's support have no dollar limit. The only dollar limit is the $15,000 that a bank may pay to family without administration, which is measured by the amount on deposit. Property that passes outside probate is not part of the estate.
Law: O.C.G.A. secs. 53-2-40, 7-1-239; GPCSF 9
| Kind of property | How it is treated | Details |
|---|---|---|
Bank accounts in the person's name alone | Own procedure, up to $15,000 | A bank deposit in the person's name alone of $15,000 or less may be paid to family on an affidavit if there was no will; larger accounts go through no-administration or administration. Law: O.C.G.A. 7-1-239 |
Joint or payable-on-death (POD) bank accounts | Left out | Joint accounts with survivorship and payable-on-death accounts pass to the survivor or beneficiary outside probate. |
Cars and other vehicles | Has its own procedure | A vehicle can be retitled at the county tag office with Form T-20 (Affidavit of Inheritance) when no administration is needed and there are no debts, or with a year's support or no-administration order. |
Boats and mobile or manufactured homes | Not clear | Georgia's no-administration rules do not separately mention boats or mobile homes; ask the probate court. Law: O.C.G.A. 53-2-40 |
Real estate in Georgia | Counts | Georgia real estate is listed in the petition and passes under the heirs' agreement or a year's support order. Law: GPCSF 9; GPCSF 10 |
Main home (primary residence) | Counts | The home is real estate and can be set apart as year's support or divided by the heirs' agreement. Law: GPCSF 9; GPCSF 10 |
Real estate in another state | Left out | The petition covers property the person owned in Georgia. Law: GPCSF 9 |
Unpaid wages owed to the person | Not clear | Georgia's no-administration rules do not separately mention unpaid wages; ask the probate court. Law: O.C.G.A. 53-2-40 |
Military pay owed to the person | Not clear | Georgia's no-administration rules do not separately mention military pay; ask the probate court. Law: O.C.G.A. 53-2-40 |
Life insurance or retirement money paid to a named person | Left out | Money paid to a named beneficiary is not part of the probate estate. |
Life insurance or retirement money paid to the estate | Counts | Money payable to the estate is part of the probate estate. Law: GPCSF 9 |
Property in a living trust | Left out | Property in a trust is not part of the probate estate. |
Property owned jointly with right of survivorship | Left out | Property held with right of survivorship passes to the survivor. |
Property going to a surviving spouse | Has its own procedure | Property can be set apart for the surviving spouse and minor children by year's support. Law: O.C.G.A. 53-3-1; GPCSF 10 |
Stocks, bonds and brokerage accounts | Counts | Stocks and bonds in the person's name alone count as probate property; securities registered with a transfer-on-death beneficiary pass outside probate. Law: GPCSF 9; O.C.G.A. 53-5-60 et seq |
Furniture, jewelry and other belongings | Counts | Personal property in Georgia is listed in the petition. Law: GPCSF 9 |
Source: Official page
Car or vehicle title after a death in Georgia
At the County Tag Office, the inheritor brings the MV-1 Title/Tag Application, the original title in the person's name with liens released, a certified death certificate, and an inheritance document: letters testamentary, a certified year's support order, or Form T-20 Affidavit of Inheritance. Form T-20 states that there was no will (or a copy of a will that will not be probated is attached), no administration will be had, the estate owes no debts, and the spouse and heirs agreed who gets the vehicle; it is notarized. With only one heir, a copy of the no-administration-necessary order can be used instead of T-20. The inheritor titles the vehicle in their own name before selling it.
Law: Form T-20
Source: Form T-4
- Agency
- Georgia Department of Revenue, Motor Vehicle Division (through the County Tag Office)
- Fee
$18 title fee. Title ad valorem tax exemptions may apply for transfers to immediate family.
Source: Official page
Bank accounts after a death in Georgia
Survivorship and payable-on-death accounts pass to the survivor or beneficiary. If the person left no will and had $15,000 or less on deposit, the bank may pay it to the surviving spouse, or if none the children, then the parents, then the brothers and sisters, on a sworn affidavit. If no family member applies within 45 days, the bank may use up to $15,000 to pay funeral and last-illness bills. Larger accounts need an order declaring no administration necessary, a year's support order, or letters of administration.
Law: O.C.G.A. sec. 7-1-239
Source: Official page
Transfer-on-death (TOD) and payable-on-death (POD) in Georgia
- Real estate (TOD deed)
Yes · Transfer-on-death deed
Since July 1, 2024, an owner can record a deed titling Georgia real estate in transfer-on-death form, naming one or more grantee beneficiaries. The owner must have the capacity to make a contract; an agent under a power of attorney cannot sign it. After the death, each beneficiary accepts by signing an affidavit (with a copy of the death certificate) and recording it with the clerk of superior court where the property is, within nine months of the death or the property goes back to the estate. The deed has priority over unsecured debts and year's support. The owner can revoke it by recording a signed, witnessed revocation.
Law: O.C.G.A. secs. 44-17-1 to 44-17-7 (2024 Ga. Laws, SB 420
- Securities (TOD)
Yes
Law: O.C.G.A. 53-5-60 et seq. (Uniform Transfer on Death Security Registration)
Source: Official page
Surviving spouse in Georgia
A surviving spouse and minor children can petition the probate court within 24 months after the death for year's support: property, including the home, set apart to keep their standard of living for 12 months, considering their other resources. A bank can pay up to $15,000 of an intestate person's deposits to the surviving spouse first.
Debts of the person in Georgia
An order declaring no administration necessary is available only if the estate owes no debts, or the creditors consent or are served. Year's support has priority over most other claims against the estate, but a transfer-on-death deed takes priority over year's support and unsecured debts.
Law: O.C.G.A. 44-17-5, 53-3-5 as amended in 2026
Medicaid estate recovery in Georgia
Georgia recovers the cost of nursing facility, home and community-based, personal care, hospital and prescription services from the estate of a member who was 55 or older and got nursing home or home and community-based services, or who lived in a nursing facility or similar institution at any age. In Georgia the 'estate' is the real and personal property in the probate estate. No recovery action is taken while the member's spouse or qualified children live in the home. Estates with a gross value of $25,000 or less are exempt, and for deaths on or after July 1, 2018, the first $25,000 of any estate is waived. Heirs can seek an undue hardship waiver.
Law: Ga. Comp. R. & Regs. ch. 111-3-8
- Agency
- Georgia Department of Community Health, Medicaid Estate Recovery
- Phone
- (770) 916-0328
- Official page
- Official page
Who inherits with no will in Georgia
If there is no will, the heirs are determined under O.C.G.A. 53-2-1: a surviving spouse and children share the estate; if there is a spouse and no children, the spouse inherits; if there is neither, the estate goes to parents, then brothers and sisters, then more distant relatives. The probate court's Heirs Determination Worksheet helps identify the heirs.
Law: O.C.G.A. sec. 53-2-1
Source: Official page
Death certificates in Georgia
Certified death certificates are available to people with a direct and tangible interest, including primary family members or legal representatives of the family. Request by mail with Form 3912 or online. The first certified copy is $25 and each additional copy is $5. Since April 22, 2026, a beneficiary named in a transfer-on-death deed also qualifies.
Law: O.C.G.A. 31-10-26
- Where to get it
- Georgia Department of Public Health, State Office of Vital Records, or the county vital records office
- Official page
- Official page
Where to file in Georgia
Petitions for an order declaring no administration necessary and for year's support are filed in the probate court of the county where the person lived. A bank deposit of $15,000 or less is claimed by affidavit given to the bank. Vehicle transfers go through the County Tag Office. A transfer-on-death deed beneficiary records an acceptance affidavit with the clerk of superior court in the county where the property is.
Good to know in Georgia
- Georgia's order declaring no administration necessary has no dollar limit, but it requires no debts (or creditor consent) and unanimous agreement of all heirs (O.C.G.A. 53-2-40; GPCSF 9).
- Georgia allows transfer-on-death deeds for real estate since July 1, 2024; beneficiaries must record an acceptance affidavit within nine months of the death.
- A bank may pay up to $15,000 of a deceased depositor's funds to the spouse, children, parents or siblings, in that order, on an affidavit when there is no will.
Changes in 2024–2026
SB 420 (2024), effective July 1, 2024: created transfer-on-death deeds. HB 327, effective July 1, 2025: wide probate revision, including the representation of deceased heirs in no-administration petitions (53-2-40(c)) and citation/notice rules (53-2-51), and heirs determination for children born out of wedlock. HB 413, effective April 22, 2026: revised TOD deed execution, acceptance (affidavit recorded within nine months), revocation formalities, priority over unsecured debts and year's support (53-3-5), and access to death certificates for TOD beneficiaries.
Law: O.C.G.A. 44-17-1 to 44-17-7; 2025 Act 310; 2026 Act 379
National rules that apply in every state
Federal estate tax
- For a person who died in 2026, a federal estate tax return (Form 706) is required only if the gross estate, plus certain lifetime taxable gifts, is more than $15,000,000.
- Most estates owe no federal estate tax and do not need to file a federal estate tax return.
Law: 26 U.S.C. 2010(c)(3) (as amended by Pub. L. 119-21)
The final income tax return
- Report all income up to the date of death and claim all eligible credits and deductions.
- Someone must file the final federal income tax return of a person who died, the same way it would have been filed if they were alive.
- To claim a refund due to the person who died, attach Form 1310 (Statement of Person Claiming Refund Due a Deceased Taxpayer).
Law: Form 1310 instructions (Rev. December 2025)
Social Security
- Social Security retirement benefits are paid through the month before the month the person died.
- If the person had enough Social Security work credits (was fully or currently insured), a one-time death payment of $255 (or three times the person's basic benefit, if that is smaller) can be paid to a surviving spouse who lived with the person.
Law: 42 U.S.C. 402(a), 402(i)
Savings bonds
- If the person's savings bonds and other Treasury securities held directly with the Treasury are worth more than $100,000 at the date of death, the Treasury requires a court-administered estate.
Law: 31 CFR 353.71; FS Form 5336 (Rev. April 2026)
Debts
- Debts are generally paid from the money and property the person left (the estate).
- If the estate cannot pay a debt and no one else shared responsibility for it, the debt may go unpaid.
- You may have to pay if you co-signed the loan, were a joint account holder on a credit card (not just an authorized user), or state law makes a spouse responsible for certain debts, such as in community property states or states with laws on necessary costs like health care.
Law: 12 CFR 1006.6(a)(4)
A house with a mortgage
- For a home with fewer than five units, a lender may not call the whole loan due just because the home passes to a relative after the borrower's death, to a spouse or children who become owners, or to a surviving joint owner.
- Https://www.consumerfinance.gov/ask-cfpb/how-do-i-get-mortgage-information-about-a-home-i-inherited-en-217/
- Https://www.consumerfinance.gov/ask-cfpb/i-recently-inherited-a-house-the-mortgage-lender-said-its-required-to-determine-my-ability-to-repay-before-it-will-let-me-take-over-the-mortgage-loan-is-this-true-en-1939/
Law: 12 U.S.C. 1701j-3(d)(3), (5), (6); 12 CFR 1024.30(d), 1024.31
FDIC insurance on bank accounts
- After a deposit owner dies, FDIC insurance on the account stays the same for six months, unless the account is restructured.
Law: 12 CFR 330.3(j)
Medicaid estate recovery
- States must try to recover some Medicaid costs from the estate of a person who got benefits at age 55 or older: nursing facility services, home and community-based services, and related hospital and prescription drug services.
- The 'estate' includes at least the property in the person's probate estate under state law.
- Https://www.govinfo.gov/link/uscode/42/1396p?type=usc&year=mostrecent&link-type=html
Law: 42 U.S.C. 1396p(b)
Death certificates
- Certified copies of a death certificate come from the vital records office of the state where the death happened, not from the federal government.
Free help in Georgia
A court self-help center or a legal aid office can check whether the estate qualifies, free of charge or at low cost.
- Atlanta Legal Aid Society
- State Bar of Georgia: Legal Aid / Pro Bono Resource Center
- Council of Probate Court Judges of Georgia: Standard Forms
- Georgia DOR: Vehicle Inherited or Purchased from an Estate
- LawHelp.org
- Legal Services Corporation (LSC) - Find legal aid
- Eldercare Locator · 1-800-677-1116
- Consumer Financial Protection Bureau (debt collection and mortgage complaints) · (855) 411-2372
More help on our sister sites
Questions about small estates in Georgia
What is a small estate affidavit called in Georgia?
In Georgia this is called: Petition for order declaring no administration necessary; year's support; payment of a deceased depositor's funds (up to $15,000) without administration. Georgia has no general small estate affidavit with a dollar limit. If the person died without a will, owed no debts (or the creditors agree), and all the heirs agree how to divide the property, the probate court can order that no administration is necessary.
What is the small estate limit in Georgia?
Up to $15,000, no court filing.
How long do I wait in Georgia?
No waiting period for family. If no family member applies within 45 days after the death, the bank may instead use up to $15,000 to pay the funeral and last-illness bills.
Do I have to go to court in Georgia?
Given to the bank or other financial institution.
How do I transfer a car after a death in Georgia?
At the County Tag Office, the inheritor brings the MV-1 Title/Tag Application, the original title in the person's name with liens released, a certified death certificate, and an inheritance document: letters testamentary, a certified year's support order, or Form T-20 Affidavit of Inheritance.
What happens to a bank account after a death in Georgia?
Survivorship and payable-on-death accounts pass to the survivor or beneficiary. If the person left no will and had $15,000 or less on deposit, the bank may pay it to the surviving spouse, or if none the children, then the parents, then the brothers and sisters, on a sworn affidavit.
Who inherits in Georgia if there is no will?
If there is no will, the heirs are determined under O.C.G.A. 53-2-1: a surviving spouse and children share the estate; if there is a spouse and no children, the spouse inherits; if there is neither, the estate goes to parents, then brothers and sisters, then more distant relatives.
Do I owe the person's debts in Georgia?
An order declaring no administration necessary is available only if the estate owes no debts, or the creditors consent or are served. Year's support has priority over most other claims against the estate, but a transfer-on-death deed takes priority over year's support and unsecured debts.
- GPCSF 9 Petition for Order Declaring No Administration Necessary
- GPCSF 10 Petition for Year's Support
- Council of Probate Court Judges of Georgia: Standard Forms
- Georgia Division of Aging Services: Instructions & Affidavit for Obtaining Deceased Depositor's Funds (July 2019)
- Georgia DOR: Vehicle Inherited or Purchased from an Estate
- Georgia DOR Form T-20
- HB 413 (2026), as passed
- Georgia Legislative Counsel: Summary of General Statutes 2024
- Georgia Legislative Counsel: Summary of General Statutes 2025
- Georgia Legislative Counsel: Summary of General Statutes 2026
- Georgia Medicaid: Medicaid Estate Recovery
- Georgia Medicaid estate recovery fact sheet
- Georgia DPH Vital Records: Fees