Short answer

Georgia’s small-estate procedures are generally designed to let a surviving spouse or other close person collect and distribute certain personal property when the estate is limited in size. Those procedures usually let you collect personal property and run the statutory notice to creditors, but they do not automatically give the power to sell real estate. To sell real property you will most often need formal appointment as a personal representative (Letters of Administration or Letters Testamentary) or a separate court order. For precise statutory language and local practice, check the Georgia Code and contact the probate court in the county where the decedent lived: https://www.legis.ga.gov/ and https://www.georgiacourts.gov/.

Detailed answer — What you need to know and the typical step-by-step process

1) Confirm whether the estate qualifies for small-estate procedures

Georgia has streamlined procedures for small estates and for collecting personal property without full administration. These procedures and thresholds vary by statute and local practice. Small-estate procedures commonly cover only personal property (bank accounts, vehicles, personal effects) and do not include mechanisms to convey real property without a court appointment. Start by checking the Georgia Code and your county probate court for the statutory definition and thresholds: https://www.legis.ga.gov/.

2) Decide whether a limited appointment or full administration is necessary

If the only assets are personal property and they fall within the small-estate threshold, a limited personal representative or small-estate affidavit procedure may suffice. If the estate includes real property you intend to sell, plan on formal appointment as a personal representative or a court order authorizing sale. In many counties the court will not authorize sale of real estate under the small-estate affidavit process alone.

3) Gather required documents

• Certified copy of the death certificate
• Any valid will (if one exists)
• A complete list of assets and estimated values (identify any real property by address and legal description)
• List of potential heirs and their contact information
• Names and addresses of known creditors

4) Use the correct forms and draft a petition or affidavit

Contact the probate court or the clerk where the decedent lived to get the correct local forms. Many counties provide a “petition for appointment as limited personal representative” or a small-estate affidavit for collection of personalty. Follow the form directions exactly. If you are seeking authority to collect personal property and to run the statutory notice to creditors, you will typically file the small-estate document that asks the court to issue limited letters.

5) File the petition/affidavit with the probate court

File in the probate court of the county where the decedent was domiciled. Pay the filing fee and attach the required documents (death certificate, will if any). The court will review the filing and may schedule a brief hearing or enter an order granting limited letters. Ask the clerk about local timing and fees.

6) Service and notice to interested persons

Georgia procedure will require notice to heirs and possibly other interested parties. You may need to serve or mail notices to known heirs and beneficiaries as required by Georgia probate practice. Follow the court’s required method and timing.

7) Run the statutory Notice to Creditors

After appointment (or as required by the small-estate statute), you must publish or otherwise run the notice to creditors following the statutory schedule. The notice tells creditors to present claims by the deadline specified in statute. In addition to publication, you may be required or advised to mail direct notice to known creditors. The exact publication method and claim deadline are governed by Georgia law and local court rules — check the applicable code sections and the probate court for precise requirements: https://www.legis.ga.gov/.

8) Collect assets and pay valid debts

As a limited personal representative you may be authorized to collect personal property, deposit funds, and pay verified claims up to the estate’s resources. Keep clear records and receipts. Do not distribute assets until the statutory creditor period has passed or until claims have been resolved under the court’s direction.

9) Selling real property — what typically needs to happen

Small-estate affidavits and limited letters usually do not give authority to sell real estate. To sell real property you will generally need one of the following:

• Formal appointment as the personal representative with full letters (Letters of Administration or Letters Testamentary) issued by the probate court;
• A court order authorizing sale after a probate hearing (for example, to sell to pay debts or where heirs consent and the court approves); or
• A signed and recorded deed that transfers title by operation of law (rare and fact-specific).

If you need to sell real property, file for full administration or petition the court for authority to sell. The court may require notice to heirs and creditors, a hearing, and evidence that sale is in the estate’s or heirs’ best interest.

10) Close the estate or account to the court

After debts are paid and assets distributed, file any required final accounting or report, return the bond (if any), and ask the court to close the administration. Keep copies of all filings and a clear distribution ledger for each heir or beneficiary.

Where to find the controlling statutory language

Georgia statutes that govern probate, appointment of personal representatives, notices to creditors, and administration are in the Official Code of Georgia Annotated (OCGA). For the exact statutory text and for chapter references, use the Georgia General Assembly official code site: https://www.legis.ga.gov/. For practical probate guidance and links to local court resources, see the Georgia Courts website: https://www.georgiacourts.gov/.

Helpful Hints

• Start at the county probate court clerk’s office: clerks can provide local forms, filing fees, and procedural steps specific to that county.
• Assume small-estate procedures handle mostly personal property. If the estate has real estate you plan to sell, plan for full probate administration or a court petition to authorize sale.
• Publish and mail creditor notices exactly as required. Missing a statutory step can create personal liability or delay distribution.
• Keep detailed records of every payment, receipt, and distribution. Courts expect clear documentation.
• If you expect creditor disputes, complex assets, or conflicts among heirs, consult an attorney before filing. An attorney can help you decide whether limited appointment is safe or whether full administration is necessary.
• Be realistic about timelines: small-estate filings can be faster than full administration, but selling real property usually adds weeks or months for notice and court approval.
• Use official resources: Georgia General Assembly (statutes) https://www.legis.ga.gov/ and Georgia Courts (probate information) https://www.georgiacourts.gov/.

Practical scenarios (examples)

Scenario A — Small estate with personal property only

If the decedent’s estate contains only a modest bank account, a car, and personal effects that fall within Georgia’s small-estate threshold, you can usually use the small-estate procedure or obtain limited letters to collect those assets, publish the notice to creditors, pay verified debts, and distribute the remainder to heirs without full probate.

Scenario B — Estate includes a house you need to sell

If the estate includes real property you must sell to pay debts or to distribute proceeds, expect to file for formal appointment as personal representative (full letters) or petition the probate court for authority to sell. The court will require notice to heirs and creditors and may hold a hearing before authorizing a sale.