GA · Probate Court

Georgia

Small-estate procedure under § O.C.G.A. § 53-2-40.

Verified 2026-05-04

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

Eligible — included in calculation

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 Necessary
Statewide standardized form issued by Council of Probate Court Judges of Georgia.

Statute

§ O.C.G.A. § 53-2-40

https://www.legis.ga.gov/api/legislation/document/20232024/206841

order declaring no administration necessary

Document checklistprintable

Certified copy of death certificate (request 4-6 from vital records)
Completed GPCSF 9 Petition for Order Declaring No Administration Necessary
Inventory of probate assets (see methodology for what counts)
Government-issued photo ID for affiant
Documentation of relationship to decedent (marriage / birth certificate)
Original will, if one exists (lodge with court even if not probated)
Account numbers, deed copies, vehicle titles for assets being transferred
Real property: deed copy and date-of-death valuation
Written agreement of all heirs on division of the estate

Editorial review

Pending editorial review by a licensed probate attorney.

State data is verified against primary sources and reviewed by a licensed probate attorney before publication. Until that review is complete, this site is reference-only — not legal advice.