Petition For Order Declaring No Administration Necessary
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13Georgia Probate Court
Standard Form
Petition for Order Declaring No Administration Necessary
INSTRUCTIONS
I.
Specific Instructions
1.
This form is to be used when filing a petition for order declaring no administration necessary,
pursuant to O.C.G.A. §53-2-40 et seq.
2.
O.C.G.A. §53-2-40(b) no longer requires that all heirs must be sui juris. O.C.G.A. §53-11-2
provides that a party to a probate proceeding who is not sui juris, must be represented by a
guardian provided that the court may appoint a guardian ad litem or determine that the natural
guardian, guardian of the person or property, or testamentary guardian has no conflict and may
serve.
3.
O.C.G.A. §53-2-40(c) provides that the personal representative of a deceased heir is authorized to
agree to the division of property.
4.
A signed original agreement setting out the heirs’ agreed upon distribution of the estate must be
attached to the petition.
5.
Paragraph 3 requires that a definitive statement be made to show to the court that the persons
named in paragraph 2 constitute all of the heirs of the decedent and that there are no heirs of the
same or closer degree according to O.C.G.A. §53-2-1. Provide the date of death for any deceased
heirs. NOTE: If you are uncertain how to determine the heirs of a decedent, please refer to the
“Heirs Determination Sheet” available from the probate court or at
Examples
of such statement would be: (a) “decedent was or was not married at the time of his death and had
no children born, adopted, living or deceased, other than listed herein”; (b) “decedent had no other
siblings half or whole other than those listed herein”; (c) “the decedent’s brother who died
.”
previously, had no other children born, adopted, living or deceased, other than listed herein
6.
The attached form consists of 12 pages.
II.
General Instructions
General instructions applicable to all Georgia probate court standard forms are available in each probate
court.
Effective 8/10
GPCSF 9
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