Short answer

If your spouse died and you believe there are no assets subject to probate, you must confirm that there really are no probate assets, gather records showing account balances and claims, file the appropriate paperwork in the local probate court (often an affidavit or a petition for closing/discharge), give required notice to heirs and creditors, wait the statutory claim period, and then ask the court to enter an order closing the estate and discharging the executor/administrator. Procedures and exact forms vary by county, so check with the probate court where the estate would be opened.

Detailed answer — step-by-step under Georgia law

1. Confirm whether probate administration is actually required

Not every death requires a formal administration. Common non-probate assets include jointly titled bank accounts with right of survivorship, assets with named beneficiaries (life insurance, retirement plans), and property held in trust. If all of the decedent’s property either passed outside probate, was owned jointly with right of survivorship, or is exempt/tiny enough for summary procedures, you may not need a full administration.

Start by collecting: deed(s), bank account statements, brokerage records, pension/retirement beneficiary designations, life insurance policies, vehicle titles, and safe-deposit box contents.

2. Assemble documentary proof showing a zero probate balance

Courts want objective evidence. Useful documents include:

• Bank and investment statements dated on or shortly after the date of death showing balances of $0 or joint ownership with survivor rights.
• Letters from banks or financial institutions confirming accounts were joint or that funds passed to named beneficiaries.
• Copies of beneficiary designations for insurance and retirement accounts.
• Affidavits from institutions (if available) confirming there are no assets payable to the estate.
• Certified copy of the death certificate.

3. Determine which court filings apply in your situation

There are two common routes when you believe the estate has no probate assets:

1. File a short affidavit or a petition for distribution/closing where the court records that there is no administration necessary (some counties offer a “Disposition without Administration” or similar summary procedure).
2. If an estate was already opened, file a final accounting (if one was required), a petition for discharge of the personal representative, and a proposed order closing the estate.

Procedures and form names vary by county. Contact the probate court clerk where your spouse lived to learn which form to use and whether the clerk offers templates.

4. Give required notices to heirs and creditors

Georgia law requires notice to certain persons and often a waiting period for creditors to file claims. You typically must:

• Provide notice to the heirs at law and devisees (if a will exists).
• Follow applicable creditor-notice rules — the court or statute will explain the required method and timing.

Because creditors’ claim periods and notice rules vary with the type of administration, check the probate court or the Georgia statutes on probate administration (see Title 53 of the Official Code of Georgia Annotated) for details. For general probate information and links to local courts, see the Georgia Courts site: https://georgiacourts.gov/for-the-public/probate/. For legislative text and statutory provisions, see the Georgia General Assembly site: https://www.legis.ga.gov/ (search Title 53: Decedents’ Estates).

5. File the petition/affidavit and request a court order closing the estate

When you file, include all supporting documents proving the zero balance (bank statements, letters, beneficiary designations, etc.) and a proposed final order or discharge. The court will review, ensure notice requirements were met, and then may enter an order closing the estate and discharging the personal representative if everything is in order.

6. Obtain certified copies of the closing order

After the court signs the order, get certified copies to present to banks, title companies, and other institutions that may require proof that the estate is closed before they release records or formally close accounts in the court’s absence.

7. Keep complete records

Keep a file of all paperwork (filings, certified orders, notices, account records) for several years in case questions arise from taxing authorities, heirs, or creditors.

Timing — what to expect

Even where the estate has no probate assets, some courts require a waiting period to allow creditor claims. When a full probate has occurred, creditor claim windows and notice requirements can add months. Summary closures that include affidavits and clear documentation can be faster but vary by county.

When to hire an attorney

Consider consulting a probate attorney when:

• There is any dispute among heirs or a contested will.
• You uncover potential creditors or unknown debts.
• Real property, business interests, or tax issues exist.
• You prefer a professional to prepare filings and handle court appearances.

Practical checklist — documents to gather

• Certified death certificate (multiple copies).
• Bank and brokerage statements around the date of death.
• Account signature cards and titles showing joint ownership or beneficiary designations.
• Life insurance and retirement plan beneficiary designations and statements.
• Copies of the will (if any) and any trust documents.
• Vehicle titles and deeds (to show whether property passed outside probate).
• Letters or affidavits from institutions confirming assets passed outside probate or that balances are zero.

Helpful hints

• Contact the probate court clerk early. Clerks often provide form names and can tell you whether a simple affidavit will suffice in your county.
• Do not distribute assets simply because you believe the estate is empty if the court has opened an administration and creditors’ claims are possible.
• If a bank freezes an account, provide the bank with a certified death certificate and the court’s order (or ask the bank what documentation it requires).
• Get multiple certified copies of the closing order; institutions frequently require originals or certified copies for their records.
• Keep digital copies of all filings and receipts — they make it easier to respond to later questions from heirs, creditors, or tax authorities.
• If there is any doubt about a possible creditor (medical bills, tax debts), consult an attorney — improper distribution can expose you to liability.