Probate in Georgia: small estates, no will, and skipping court

Updated 2026-10-18

The short answer

Georgia has no general small estate affidavit. Without a will, heirs who all agree can ask the probate court for an order that no administration is necessary, and a bank may pay up to $15,000 to close family by affidavit. Since 2024 a transfer-on-death deed can pass a home. Georgia has no estate tax.

When someone dies in Georgia, the family's first question is usually practical. Do we have to go to court, and how long will it take?

Georgia does things a little differently. It has no standard small estate affidavit, but it has two shortcuts and a new deed that passes a house without court. It is part of our estate planning guides by state. If the word is new, start with what probate is.

Is there a small estate affidavit in Georgia?

Not in the usual sense. Georgia has no general affidavit with a dollar limit. It has two narrower tools, both for estates with no will.

1. An order that no administration is necessary. Any heir can petition the probate court. All the heirs sign an agreement dividing the estate, witnessed by a probate clerk or a notary. The estate must owe no debts, or every creditor must consent or be served. One creditor's objection blocks the order. There is no dollar cap and no waiting period in the statute (O.C.G.A. 53-2-40, 53-2-41).

2. A bank deposit affidavit. If the person who died left $15,000 or less in a bank or credit union, the institution may pay it on affidavit to the surviving spouse. If there is no spouse, it goes to the children, then the parents, then the siblings (O.C.G.A. 7-1-239). If nobody applies within 45 days of death, the bank may use up to $15,000 for funeral and last-illness bills.

The bank is allowed to pay, not required to.

Who inherits if there's no will?

Georgia's intestacy law decides (O.C.G.A. 53-2-1). Georgia is not a community property state.

If you are married:

With no children or other descendants, your spouse inherits everything. Your parents and siblings get nothing.
With children, your spouse shares equally with them, but never gets less than one-third.

If you are not married, the estate goes to the nearest relatives in this order:

Your children, with a deceased child's share going to that child's children.
Your parents, equally.
Your brothers and sisters, equally. Nieces and nephews take a deceased sibling's share.
Your grandparents, equally.
Your aunts and uncles, then first cousins.
More distant relatives, by degree.

Friends never appear on this list. If you want a friend, a charity or a kind neighbor to receive anything, it has to be in a will or trust. Our post on dying without a will covers what happens when the list runs short.

Who serves as personal representative?

Georgia calls the executor a "personal representative." With a will, the named executors may qualify in order. If none does, the beneficiaries may unanimously choose an administrator (O.C.G.A. 53-6-20).

Without a will, the heirs may unanimously pick the administrator. If they don't agree, the court appoints whoever will best serve the estate, considering in order (O.C.G.A. 53-6-10 to 53-6-14):

The surviving spouse, unless a divorce was pending.
Other heirs, or the person a majority of them choose.
Any other eligible person.
A creditor.
The county administrator.

Can someone out of state serve? Yes. Any adult who is legally competent can serve, "regardless of citizenship or residency" (O.C.G.A. 53-6-1). A daughter in Ohio or a nephew in Oregon can do the job.

An administrator of an estate with no will must post a bond unless all heirs agree to waive it (O.C.G.A. 53-6-50).

Is there a simpler kind of probate?

Georgia has two ways to probate a will. "Common form" is simpler and doesn't require notice to heirs. "Solemn form" gives notice and is binding on everyone served (O.C.G.A. 53-5-15).

When all the beneficiaries or heirs agree, the probate court can also give the personal representative broad powers, the same ones a trustee has. That means fewer trips back to the judge (O.C.G.A. 53-7-1). A published notice runs first, and any objection has to be resolved.

Our post on the probate process walks through the steps.

How long do creditors have?

Within 60 days of qualifying, the personal representative publishes a notice to creditors once a week for four weeks (O.C.G.A. 53-7-41).

Creditors who don't speak up within three months after the last notice can lose their place in line (O.C.G.A. 53-7-42). Late debts can still be paid from whatever is left. The personal representative doesn't have to pay debts, and creditors can't sue, until six months after the first personal representative qualifies.

How much is the personal representative paid?

Georgia sets a percentage schedule (O.C.G.A. 53-6-60). It applies unless a will or a written agreement sets the pay instead:

2.5% of the money the estate receives.
2.5% of the money paid out for debts and to heirs.
For property handed over as is, reasonable pay set by the court, up to 3% of its value.

Reasonable expenses are paid separately (O.C.G.A. 53-6-61). Our post on what an executor gets paid compares approaches.

Can my house skip probate?

Yes, and this is new. Since July 1, 2024, Georgia allows a transfer-on-death deed, and the rules were updated in April 2026 (O.C.G.A. 44-17-2). Older articles saying Georgia has no such deed are out of date.

What to know:

You sign it in front of a witness and a notary, then record it with the clerk of superior court in your county before your death.
You must sign it yourself. An agent under your power of attorney can't sign one for you.
The beneficiary doesn't have to be told or agree.
A will can't revoke it. Only a later recorded document can, and selling the house or deeding it to your trust also revokes it.
After your death, each beneficiary records an affidavit with the death certificate to take ownership (O.C.G.A. 44-17-3 to 44-17-5).

A living trust is the other common route. In Georgia, a trust is irrevocable unless it says you can change it (O.C.G.A. 53-12-40). Our posts on what a trustee does and how to avoid probate compare the options.

Will my heirs owe Georgia estate or inheritance tax?

No. Georgia's estate tax was repealed in 2014, and Georgia has no inheritance tax (Georgia Department of Revenue).

Which path fits?

Situation	Likely path
No will, heirs all agree, no debts or creditors consent	Order that no administration is necessary
No will, only a bank account of $15,000 or less	Bank deposit affidavit
A will, and everyone gets along	Probate in common form, ask for broad powers by consent
A will that someone may challenge	Probate in solemn form
A home with a recorded transfer-on-death deed	Beneficiary records an affidavit, no probate for the house

Here is a typical case, a composite. Evelyn, 76, lived in Macon. Her recorded transfer-on-death deed passed the house to her niece, and her will went through common form probate for the rest.

Some people would rather not leave this to a niece in another state. Trella Trust Company, through a Kinly membership, can be named as executor or trustee, first or as backup to someone you choose. If it steps in and settles the estate, that work is charged by the hour, and you see the rates before anything starts.

Before death, the papers that matter most are your powers of attorney. See our Georgia financial power of attorney guide and Georgia medical power of attorney guide.

Common questions

What is the small estate limit in Georgia?

Georgia has no general small estate affidavit with a dollar limit. Heirs of someone with no will can seek an order that no administration is necessary, with no dollar cap, and a bank may release up to $15,000 to close family by affidavit.

Does a surviving spouse inherit everything in Georgia?

Only if there is no will and no children or other descendants. With children, the spouse shares equally with them but always gets at least one-third.

Can someone who lives in another state be an executor in Georgia?

Yes. Georgia lets any legally competent adult serve as personal representative, regardless of citizenship or residency.

Does Georgia have a transfer-on-death deed?

Yes, since July 1, 2024, updated in April 2026. You sign it before a witness and a notary and record it before death. A power of attorney agent can't sign one for you.

Sources

This page is general information, not legal or financial advice. Laws vary by state.

Keep reading

State guidesPower of attorney in Georgia: the rules, signing and who to namePower of attorney in Georgia is durable by default and needs a witness and a notary. Use the statutory form and banks must respond within 7 business days.State guidesMedical power of attorney in Georgia: how it works, how to signMedical power of attorney in Georgia: the Advance Directive for Health Care, its two witnesses, who can't witness, and who decides if nobody is named.State guidesEstate planning by state: guides for all 50 statesEstate planning by state: what stays the same everywhere, what changes, and power of attorney, medical and probate guides for all 50 states.