Georgia Small Estate Options (No Generic Small-Estate Affidavit)

Georgia does not have a classic small-estate affidavit tied to a dollar cap. Instead, families use one of three simplified no-will devices depending on the assets, the debts, and who survives.

Based on O.C.G.A. § 53-2-40, O.C.G.A. § 7-1-239, and O.C.G.A. § 53-3-1

By Settled Estate EditorialPublished: January 15, 2026Updated: May 31, 2026

What Are Georgia's Small Estate Options?

There is no generic Georgia small-estate affidavit. The simplified no-will paths are: (1) a No Administration Necessary order under O.C.G.A. § 53-2-40 when the estate owes no debts and all heirs agree on the division; (2) a bank-deposit affidavit under O.C.G.A. § 7-1-239 for limited deposits paid directly to close relatives; and (3) year's support under O.C.G.A. § 53-3-1, which sets aside estate property for a surviving spouse and/or minor children. The right path depends on the asset type, whether there are debts, and who survives.

Do you qualify?

Qualifying threshold: No generic dollar cap (Georgia has no classic small-estate affidavit); the bank-deposit affidavit covers deposits up to $15,000Georgia does not set a single dollar limit for a small-estate affidavit, because it has no such affidavit. The closest dollar figure is the $15,000 limit on the bank-deposit affidavit under O.C.G.A. § 7-1-239 for a deceased intestate depositor. No Administration Necessary and year's support are not capped by a fixed dollar amount.
Waiting period: No fixed wait for No Administration Necessary; the bank-deposit funeral-expense payout option becomes available 45 days after death
Court filing fee: About $206 for the No Administration Necessary petition (uniform $175 + county add-ons); the bank-deposit affidavit has no probate filing fee
Attorney: Not typically neededNo (often useful for the petition paths)
Real estate: Allowed in limited circumstancesThe No Administration Necessary order and year's support can include real property. A certified No Administration Necessary order is recorded in the deed records of each Georgia county where the real property sits and indexed under the decedent's name. The bank-deposit affidavit covers only deposits, not real estate.

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Main Requirements

No Generic Small-Estate Affidavit

Georgia has no classic dollar-cap small-estate affidavit; do not rely on a generic affidavit form. Use one of the three statutory devices instead.

No Administration Necessary: No Debts and Heir Agreement

Under O.C.G.A. § 53-2-40 the estate must owe no debts (or all creditors must consent) and all heirs must unanimously agree on the division, with signatures attested by a clerk or notary. Property subject to an outstanding security deed or agreement can be part of the proceeding only if the holder consents or is served and makes no objection.

Bank-Deposit Affidavit Limit

O.C.G.A. § 7-1-239 lets a financial institution pay deposits up to $15,000 directly to the surviving spouse, then children, then parents, then siblings, on a qualifying affidavit when the depositor died intestate.

Year's Support Eligibility and Deadline

Year's support (O.C.G.A. § 53-3-1) is only for a surviving spouse and/or minor children, and the petition must be filed within 24 months of the date of death.

County Probate Court Practice

The petition-based devices are filed with the county probate court, and county practice can affect fees, publication, copies, and scheduling.

Available Small-Estate Options

No Administration Necessary (O.C.G.A. § 53-2-40)

Limit: No fixed dollar cap; requires no debts (or creditor consent) and unanimous heir agreement
Real Estate: Can be included
Timeline: County court timing varies
Typical Fee: About $206 (uniform $175 + county add-ons)

Bank-Deposit Affidavit (O.C.G.A. § 7-1-239)

Limit: Deposits up to $15,000 for a deceased intestate depositor
Real Estate: Not included
Timeline: Paid by the financial institution on a qualifying affidavit
Typical Fee: No probate filing fee (bank may have its own process)

Year's Support (O.C.G.A. § 53-3-1)

Limit: Property set apart for a surviving spouse and/or minor children; file within 24 months of death
Real Estate: Can be included
Timeline: County court timing varies (notice and any objection period)
Typical Fee: About $209 plus publication, up to ~$354

Georgia has no generic small-estate affidavit

Do not download a generic "small-estate affidavit" and assume it works in Georgia. It does not. Match your situation to one of the three statutory devices (No Administration Necessary, the bank-deposit affidavit, or year's support) and confirm the correct path and current fee with your county probate court.

Step-by-Step Process

Check Whether There Is a Will

No Administration Necessary (O.C.G.A. § 53-2-40) and the bank-deposit affidavit (O.C.G.A. § 7-1-239) are for no-will (intestate) situations. Year's support (O.C.G.A. § 53-3-1) can apply whether or not there is a will. A surviving spouse or minor children may petition for it even in a testate estate. If the decedent left a will, the will generally goes through probate in common or solemn form, but year's support may still be available.

Check the Assets and Debts

No Administration Necessary requires that the estate owe no debts (or that all creditors consent). The bank-deposit affidavit applies only to deposits up to $15,000. Year's support sets aside property for a surviving spouse and/or minor children.

Pick the Right Device

Use No Administration Necessary (GPCSF 9) when heirs agree and there are no debts; the O.C.G.A. § 7-1-239 affidavit at the bank for limited deposits; or year's support (GPCSF 10) to set aside support property.

Gather Heir Agreement and Signatures

For No Administration Necessary, every heir must sign the division agreement, attested by a probate court clerk or notary, and it is attached to the petition.

File With the Right Office

No Administration Necessary and year's support are filed with the county probate court; the bank-deposit affidavit is given to the financial institution holding the deposit.

Record and Keep Documentation

Record any certified No Administration Necessary order awarding real property in each county's deed records, and keep the order, affidavit, death certificate, asset values, and transfer receipts with the estate file.

County Note: No Administration Necessary and year's support are filed with the county probate court, and county practice can affect fees, publication, copies, and scheduling. Confirm local instructions before filing.

FAQ: Georgia Small Estate Options

Does Georgia have a small-estate affidavit with a dollar limit?

No. Georgia does not have a generic dollar-cap small-estate affidavit. The simplified no-will devices are the No Administration Necessary order (O.C.G.A. § 53-2-40), the bank-deposit affidavit for deposits up to $15,000 (O.C.G.A. § 7-1-239), and year's support (O.C.G.A. § 53-3-1).

What is No Administration Necessary in Georgia?

It is a probate-court order under O.C.G.A. § 53-2-40 that an intestate estate does not need formal administration. It is available when the estate owes no debts (or all creditors consent) and all heirs unanimously agree on dividing the property. The signed, attested heir agreement is attached to the petition.

Can a Georgia bank release a deceased person's account without probate?

For a depositor who died without a will, O.C.G.A. § 7-1-239 lets a financial institution pay deposits up to $15,000 directly to close relatives (spouse, then children, then parents, then siblings) on a qualifying affidavit, without letters of administration. Larger deposits or a will generally require another path.

Is year's support a small-estate affidavit?

No. Year's support (O.C.G.A. § 53-3-1) is a separate protective device that sets aside estate property for a surviving spouse and/or minor children for 12 months after death. It is filed with the probate court within 24 months of death and is not the same as a small-estate affidavit.

What does it cost to file No Administration Necessary in Georgia?

The base petition fee is $175 under O.C.G.A. § 15-9-60 (effective January 1, 2025), but counties add mandatory surcharges, so the total commonly runs about $206. Confirm the current total with your county probate court before filing.

What happens to a small Georgia bank deposit if no relative claims it?

O.C.G.A. § 7-1-239 has a 45-day expense path. If no listed family claimant applies within 45 days after death, the bank or credit union may apply up to $15,000 of the deposit to funeral expenses and last-illness expenses after receiving itemized statements and the provider affidavit described by the statute.

Official Forms, Sources, and VerificationOfficial references used for this page

O.C.G.A. § 53-2-40 (Petition for order that no administration is necessary)FindLaw / Code of Georgia. Current official statute, accessed June 16, 2026.
O.C.G.A. § 7-1-239 (Payment of deposits of deceased intestate depositors; affidavit)FindLaw / Code of Georgia. Current official statute, accessed June 16, 2026.
O.C.G.A. § 53-3-1 (Year's support: preference and entitlement)Justia / Code of Georgia. Current official statute, accessed June 16, 2026.
Petition for Order Declaring No Administration Necessary (GPCSF 9)Fulton County Probate Court / Georgia Probate Court Standard Forms. Current standard form, accessed June 16, 2026.

Information current as of May 31, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Georgia can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.