Free Georgia Affidavit of Heirship Form

Georgia Affidavit of Heirship Form: A Legal Path for Estate Transfers

Transferring of property when a person dies without a will or probate can be complex in Georgia. Georgia has no official generic Georgia Affidavit of Heirship Form but has court-ordered variations that accomplish the same goal.

These legal mechanisms enable heirs to claim personal property and real property, particularly where parties are not in dispute and the estate is uncontested. This guide explains the process of managing an inheritance in Georgia without having full probate and when using an affidavit-based method is possible.

What Is an Affidavit of Heirship Form in Georgia?

Broadly speaking, an Affidavit of Heirship Form is any written document that establishes the rightful heirs of a decedent to transfer property. Though, under Georgia law, title to real estate can only be transferred by a court order, especially where the property does not pass automatically and is not jointly owned.

The most relevant legal procedure is the Petition for Title to Registered Land by Heirship Order, filed in Georgia’s Superior Court under O.C.G.A. § 44-2-131.

Although an affidavit of inheritance may occasionally aid in certain vehicles or small personal property, it is not a substitute for court orders in real estate.

When Can You Use a Georgia Heirship Form?

• Georgia heirs may initiate the legal process to claim property if:

  • The decedent died without a will (intestate).

  • No personal representative was appointed through probate.

  • The property was not jointly owned or passed via a beneficiary designation.

  • The heirs are undisputed and known.

  • All debts and taxes have been satisfied.

In real estate, an heir has to seek a decree of heirship in court after one year of the death unless probate was presented.

Real Estate Transfers: Heirship Order under O.C.G.A. § 44-2-131

This is done by putting a court petition to receive some court legal decrees of who the heirs are, and to record the deeds. It is frequently applied in the registered or where probate was never administered.

• Required Documents:

  • Full legal name, date of death, and last known address of the decedent

  • List of all known heirs and their relationship to the deceased

  • A statement confirming that no probate is pending and no will exists

  • Notarised affidavit verifying the truth of the information

  • Certified copy of the death certificate

The Superior Court may schedule a hearing, and if approved, the court will issue an Order Declaring Heirship, which can then be recorded with the deed office to update ownership.

Small Asset Transfers: Limited Affidavit Use

• In rare situations, a limited affidavit of inheritance can be used to collect personal property, such as:

  • Bank balances under $15,000

  • Unclaimed wages or final pay cheques

  • Certain personal items

These affidavits are generally submitted directly to the bank, employer, or agency and are not court-issued.

Practical Examples in Georgia

• • A father in Augusta dies having registered and no will land. His children wait 12 months and petition for heirship so that the title moves.

  • In Savannah, a son claims the account of his deceased mother at a bank with a death certificate and signed statement that she is dead and there is no probated estate.

  • In Atlanta, a home with survivorship passes automatically, although the remaining siblings file an affidavit of death and heirship to explain the title history.

How to Get a Legal Heir Affidavit in Georgia

• To obtain heirship in Georgia, follow these general steps:

  1. Review to know whether the estate is subject to probate.

  2. Check whether the deceased had registered land.

  3. Write an affidavit containing family and property details.

  4. File a petition in Superior Court of the county in which the property is under.

  5. To update the title, you can record the court-issued decree of heirship with the local clerk.

Note: In the case of small personal property, such as a car or bank funds less than 15,000 dollars, the receiving party may accept an affidavit of legal heir with filings.

FAQs – Georgia Heirship and Inheritance Process

Q1. Can I use a Georgia Affidavit of Heirship Form to sell a house?

No. Georgia law requires a court decree to transfer or sell real estate unless the property passes automatically (e.g., via survivorship deed).

Q2. What’s the waiting period before I can file for heirship?

You must wait at least 12 months after death to file a title to registered land by heirship order if no probate has been filed.

Q3. Where can I find a free blank affidavit of heirship form in Georgia?

You can download a Georgia-specific template at forms.legal, including court-friendly documents tailored for Georgia.

Q4. Can this affidavit be used to transfer a motor vehicle?

Yes, but only if the estate value is small. Georgia’s Department of Revenue allows use of an affidavit for vehicles under certain limits.

Q5. Do I need an attorney to complete this process?

Not always, but it may help for complex estates. Many families file heirship petitions themselves if the estate is uncontested.

Benefits of Using a Heirship Process

• • Legally recognised method to transfer real estate title

  • Allows heirs to claim property when no will exists

  • Accepted by Georgia courts, banks, and title companies

  • Useful when all heirs are in agreement and no probate was opened

Download Your Georgia Affidavit of Heirship Template

Need to prove your legal right to property in Georgia?

Download a free Georgia Affidavit of Heirship Form here. Our templates are designed to comply with Georgia’s legal requirements and are ready for use in court filings, petitions, and heirship verification.

Avoid confusion—start your legal heirship process today with the right forms and guidance.