GA · Probate Court
Georgia
Eligibility
Structural
No dollar threshold — eligibility is structural, not size-based.
Available when (1) decedent died intestate, (2) all heirs unanimously agree on division, (3) no debts exist or all creditors consent, (4) no personal representative previously appointed. Estate size does not gate eligibility.
Who is eligible to file
Georgia's no-administration procedure requires unanimity. All heirs must agree before the petition can proceed:
- Decedent must have died intestate (no will)
- All heirs must unanimously agree on division of the estate
- No debts may exist, or all creditors must consent
- No personal representative may have been previously appointed
What counts toward the threshold
There is no dollar threshold in this state. The following assets nevertheless do not enter the probate estate at all and pass outside of any small-estate procedure:
Joint tenancy property
Passes by right of survivorship.
Community property w/ ROS
Vests in surviving spouse.
Beneficiary-designated
Life insurance, IRAs, 401(k)s.
TOD / POD accounts
Bank, brokerage, vehicle titles.
Living trust assets
Distributed by the trust, not the will.
Wages owed to surviving spouse
Often a separate path.
Real property
GPCSF 9 form instructions explicitly list real property as an asset to describe in the petition.
Where to file
File with the Probate Court in the county where the decedent resided at death.
We do not maintain a county-by-county directory. The Georgia judicial system operates an authoritative court locator.
Find your county’s Probate Court via the Georgia judicial council website. Search for “Georgia Probate Court county locator” or visit the state government court directory.
Form & statute
Form
- GPCSF 9 Petition for Order Declaring No Administration NecessaryStatewide standardized form issued by Council of Probate Court Judges of Georgia.
Statute