Affidavit of Heirship in Georgia
Whether Georgia lets heirs prove inheritance of real estate by affidavit or court determination of heirship, and who inherits.
Short answer: Georgia does not use a statutory affidavit of heirship for real estate. Instead, the identity or interest of an heir can be resolved by petition to the probate court (or superior court) to determine heirs. O.C.G.A. §§ 53-2-20, 53-2-40
| Affidavit / determination of heirship | Georgia does not use a statutory affidavit of heirship for real estate. Instead, the identity or interest of an heir can be resolved by petition to the probate court (or superior court) to determine heirs. When there is no will and the heirs agree on dividing the property and there are no unpaid debts (or creditors consent), an heir can petition for an Order Declaring No Administration Necessary (GPCSF 9); the order is recorded in the deed records of each county where the decedent owned land. Text read on a public mirror of the Official Code of Georgia (current as of 2024). Source: O.C.G.A. §§ 53-2-20, 53-2-40 |
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| Who inherits without a will | If there is a surviving spouse and no descendants, the spouse inherits everything. If there are children, the spouse and children share equally (a deceased child's descendants take that child's share), but the spouse always receives at least one-third. With no spouse: children (or their descendants), then parents, then siblings (or nieces and nephews), then grandparents, then aunts and uncles (or first cousins), then more distant relatives. Official code not freely readable online; text verified on a public code mirror (code year 2024). Source: O.C.G.A. § 53-2-1 |
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- Who Inherits If You Die Without a Will in Georgia
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- How Probate Works in Georgia
- Living Wills and Advance Directives in Georgia
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- All Georgia wills, probate and estate rules
FAQ
Does Georgia have an affidavit of heirship?
Georgia does not use a statutory affidavit of heirship for real estate. Instead, the identity or interest of an heir can be resolved by petition to the probate court (or superior court) to determine heirs. When there is no will and the heirs agree on dividing the property and there are no unpaid debts (or creditors consent), an heir can petition for an Order Declaring No Administration Necessary (GPCSF 9); the order is recorded in the deed records of each county where the decedent owned land.
Who inherits if someone dies without a will in Georgia?
If there is a surviving spouse and no descendants, the spouse inherits everything. If there are children, the spouse and children share equally (a deceased child's descendants take that child's share), but the spouse always receives at least one-third. With no spouse: children (or their descendants), then parents, then siblings (or nieces and nephews), then grandparents, then aunts and uncles (or first cousins), then more distant relatives.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.