In many states the law provides an informal means or process for administering small estates, as defined by the state’s statutes.
For example, in some states an estate under a certain value may be distributed using an affidavit known as a small estate affidavit that is signed by the persons to whom the estate’s assets are to be distributed and two disinterested witnesses.
And other states have a simplified small estate process under which the successor to an interest in real property may petition the court to transfer the real property and recognize the transfer of personal property.
Laws vary from state to state and a state’s informal process for administering a small estate is usually located in the state’s statutes—often in the estates code or probate code.
In Georgia, the state provides a simplified process for administering small estates through the use of a 'small estate affidavit' or a similar process. According to Georgia law, if the value of the estate is $10,000 or less and there is no will, the heirs may file a petition for an order declaring no administration is necessary. This process allows the assets of the estate to be distributed without formal administration or probate. Additionally, Georgia law allows for a 'petition to probate in solemn form' or 'petition for year's support' which can be used for small estates and may simplify the process. The specific procedures and requirements for these processes are outlined in the Georgia Code, and it is advisable to consult with an attorney to ensure compliance with the relevant laws and to understand the most appropriate course of action for a given small estate.