Georgia Small Estate Affidavit

The Georgia Small Estate Affidavit is used by an individual (known as the Heir/Claimant) to pursue the assets of the Decedent (the legal term used to represent an individual who has passed away). Also known by the names, “Petition For Order Declaring No Administration is Necessary” and Form GPCSF 9, this document may only be used by an Heir/Claimant if the Decedent died intestate, that is, without leaving a will.

Laws & Required Conditions

Laws: § 7-1-239

Maximum Estate Value: No maximum value.

Required Conditions: In accordance with state law, the claim for the estate by an Affidavit must be made within ninety (90) days from the date the Decedent passed away. Failure to do so in this time frame will result in the financial institution where the Decedent’s funds are being held being granted the right to direct the funds in elsewhere e.g. to pay for funeral expenses. As stated above, in order to use this form, it is also a requirement that the Decedent did not leave a will.

In terms of the contents of the Affidavit, it must state that the Heir/Claimant qualifies as “the proper relation to the Decedent”, in accordance with § 7-1-239. It must also state that the Heir/Claimant is unaware of any other individuals pursuing a claim to the deposit.