The DeKalb County Probate Court is where matters relating to a decedent's estate are handled. However, there is no such thing as a "small estate affidavit" in Georgia. If the decedent had a Will, the Will must be admitted to probate and an Executor appointed in order to deal with the estate. If the decedent did not have a Will, then it may be possible (if all heirs and creditors agree) for a Petition for No Administration Necessary to be filed, instead of opening an estate and having an Administrator appointed. However, a Petition for No Administration Necessary is not limited to smaller estates, and the need to offer a Will for probate and have an Executor appointed cannot be avoided if the decedent had a Will and there are any probate assets.
I strongly recommend that you consult an experienced probate attorney who is licensed in Georgia for help in determining the best and most cost-effective way to deal with the estate. You are not required to have an attorney for Georgia probate and estate administrations, but the advice of a good attorney is generally worth the cost. There are a lot of potential pitfalls and confusing issues out there, and if you don't avoid them they can end up costing more time and money than you would have spent on good legal advice.
Answered on Aug 28th, 2012 at 9:01 AM