Georgia Small Estate Affidavit | Affidavit of Heirship

Georgia has a simplified affidavit procedure. In the event that a person dies and leaves no will, Georgia allows successors to file a simplified document that combines “real” or personal property and real estate. As long as the estate owes no debts, and all the heirs have agreed to amicably divide the property, then they may apply for the simplified affidavit procedure.

Affidavit of Heirship: Georgia affidavits of heirship involve bank accounts valued less than $10,000. If a decedent leaves no will, and only one successor or all successors agree to the same division of property, then the affidavit may be filed without the help of an attorney.

Small Estate Affidavit: In the state of Georgia, only family members may apply for a small estate affidavit. This affidavit allows close family to claim and distribute or sell real estate property valuing $10,000 or less.



Adobe PDF | Microsoft Word (.doc)

Affidavits of heirship in Georgia can be filed by successors who have agreed how the estate will be divided, and there is no will specifying how the small estate should be administered. For example, heirs may use the affidavit to collect money from a bank account as long as the…

Adobe PDF | Microsoft Word (.doc)

Both affidavits of heirship and small estate affidavits are administered under chapter 733.203 and following, as the same document. If an estate is uncomplicated and values less than $75,000, the successors may petition for an affidavit to avoid probate court. They must do so within 2 years of the decedent’s…