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O.C.G.A. § 53-2-40 · checked 2026-10-20

Georgia small estate affidavit limit

Georgia's simplified route is the petition for order that no administration is necessary. Georgia's no-administration procedure has no dollar ceiling. It is limited to intestate estates where the heirs agree on the division and debts are paid or creditors consent.

1234
  1. 1Dollar limit No cap
  2. 2Waiting period None stated
  3. 3Filed with Court
  4. 4Statute O.C.G.A. § 53-2-40
Dollar limit
No cap
Waiting period
None stated
Court involved
Yes
Real estate
Can pass
Florida$150,000District of Columbia$80,000Virginia$75,000Delaware$50,000Maryland$50,000West Virginia$50,000South Carolina$45,000North Carolina$20,000
Small-estate dollar limits in the South Atlantic states covered here (Georgia has no dollar figure). Bars to scale from zero; "base" marks a figure adjusted for inflation by statute.

What O.C.G.A. § 53-2-40 says

The operative words of the statute, as read on 2026-10-20:

“no personal representative appointed in this state”

The test is no dollar test; the estate must owe no debts (or every creditor consents or is served) and all heirs must agree on the division.

Source: O.C.G.A. § 53-2-40 (text read from the FindLaw copy, current as of 2024-03-28; check the legislature's own text before relying on it). Last checked 2026-10-20.

When the route opens

O.C.G.A. § 53-2-40 does not write a waiting period into the procedure, so timing depends on the court's own processing after the papers are filed. 31 of the 51 jurisdictions here do set one, most often around 30 days.

If the estate goes through full probate instead, creditors have 3 months counted from publication of the personal representative's last notice (O.C.G.A. § 53-7-41). The Georgia probate timeline works those dates through.

Filing and fees

This route is still a court proceeding, but a shorter one than full administration: a petition, notice to interested persons, and an order. The court fee schedule for Georgia could not be read when this page was checked, so no fee is shown.

The free route is the probate court itself: the clerk or register in the county where the person lived can say which form the court uses for the petition for order that no administration is necessary and what it charges. This site does not supply forms or refer anyone to a lawyer.

Nearby South Atlantic jurisdictions

Delaware: $50,000 after 30 days; District of Columbia: $80,000; Florida: $150,000; Maryland: $50,000; North Carolina: $20,000 after 30 days; South Carolina: $45,000 after 30 days; Virginia: $75,000 after 60 days; West Virginia: $50,000.

Related: small estate limits compared · assets that skip probate · all 51 jurisdictions.

General information from the statute as written on 2026-10-20; not legal advice. Statutes change, courts add local rules, and the facts of an estate decide which route applies. Confirm with the Georgia probate court or its self-help center before filing.