How to skip probate in Georgia (when you legally can).

All three must be true. Miss any one and you're back to regular probate.

1. 1

   No debts owed by the estate.

   The deceased had no outstanding debts at death — or all known creditors have been paid. The bar is high: a credit-card balance, a medical bill, a personal loan from a relative all count. If anything is unpaid, you don't qualify.

2. 2

   All heirs are adults and competent.

   Every heir must be of legal age (or a guardian acts for them) and capable of executing legal documents. Minor children disqualify the petition unless a guardian is properly appointed.

3. 3

   All heirs unanimously agree on the distribution.

   Every heir signs a written agreement consenting to how the estate is divided. One holdout — even a cousin who can't be reached — and you can't use this path.

The probate court issues an Order Declaring No Administration Necessary. The order confirms that no executor or administrator needs to be appointed and that title to the estate's assets passes directly to the heirs according to the written agreement.

For real estate, the order gets recorded with the county clerk alongside a deed conveying the property from the deceased to the heirs in the agreed shares. Title companies accept the order in lieu of Letters Testamentary or Letters of Administration when transferring or selling the property afterward.

• Filing: day one. Attorney files the petition with the heirs' signed agreement and a list of assets.
• Notice period: the court publishes notice in the county legal organ for any potential creditors to come forward. Typically four weeks.
• Order granted: if no objections, the order issues 4–8 weeks after filing.
• Deed and distribution: the heirs record the new deed; assets distribute per the agreement. The house can be listed or sold immediately afterward with the order as the title authority.

Even when the three conditions appear to be met, four common situations push families back to regular probate:

1. 1

   Heirs aren't sure about debts.

   If anyone suspects there might be an unpaid medical bill, a personal loan, or a credit card the family didn't know about, regular probate is safer. The formal Notice to Creditors process gives heirs legal certainty that no debt remains. The No Admin path skips that — and the heirs become personally liable if a creditor later surfaces.

2. 2

   One sibling 'might' object.

   The unanimous-agreement requirement is strict. If you have doubts about a sibling's reliability, get the regular Letters and use court-supervised distribution. Cheaper than litigation later.

3. 3

   The estate is large enough to need a tax filing.

   If the estate has to file a federal Form 706 (estates over $13.6M in 2026), or a Georgia fiduciary return, you generally need a formally-appointed personal representative to sign those filings. The No Admin order doesn't appoint one.

4. 4

   The heirs want title insurance.

   Some title insurers will write coverage on a property transferred via the No Admin order, but others want to see formal Letters. If you're planning to sell to a buyer who needs financing (and therefore needs title insurance), check with the title company before pursuing this path.