Free Georgia Affidavit of Heirship

In Georgia, heirs put their identity on the land records with a recorded affidavit of facts affecting title that states who the heirs are.

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The Georgia affidavit is signed by a person with personal knowledge of the decedent's family history.

State Where the Property Is Located*

The state whose land records the affidavit is recorded in. Only states where this tool prepares the affidavit are listed.

First Name*

Middle Name

Last Name*

How You Know the Family*

Your relationship to the decedent, or how you came to know the family and marital history. The affidavit states that you have personal knowledge of the facts in it.

Knew the Decedent From (Year)

Until (Year)

Street Address*

City*

State

ZIP Code*

Phone Number

Email Address*

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Georgia's recorded instrument, Recorded affidavit relating to land, rests on the general recording statute for affidavits of facts affecting title to land. What a recorded affidavit does, in the statute's words: Recorded affidavits shall be notice of the facts therein recited, where the affidavit shows (among other listed matters) the relationship of persons in the chain of title, the payment of debts of an unadministered estate, or the fact or date of death of a person connected with the title. It is evidence of the facts it states, not a deed; it does not itself transfer title, and a purchaser, lender or title company decides whether to rely on it.

In filed by the clerk of the superior court of the county where the land is located, recorded and indexed in the deed records. The office records it as it records deeds, in the county where the land lies, and charges its recording fee per page.

Who may sign, in the statute's words: any person, whether connected with the chain of title or not. The statute names no witness requirement. Title companies commonly ask that the affiant be someone other than an heir, or that two people who know the family sign; the office relying on the affidavit sets what it will accept. It states: A caption referring to the current owner of the affected land; A caption reference to a deed or other recorded instrument in the chain of title of the affected land; The name and mailing address of the natural person to whom the affidavit is to be returned, legibly printed, typewritten or stamped at the top of the first page; Facts within § 44-2-20(a): for an heirship affidavit, the fact or date of death of the person connected with the title, the relationship of the persons in the chain of title, and (where recited) the payment of debts of the unadministered estate.

Yes. The Georgia affidavit is attested by an officer or acknowledged before a notary; the prepared document carries the notarial block.

It does not transfer title, and it is not the route for every asset. A deceased owner's vehicle is retitled through Georgia Department of Revenue, Motor Vehicle Division on Affidavit of Inheritance of a Motor Vehicle (T-20), a separate agency form. Where a purchaser, lender or title company will not rely on a recorded affidavit, the court route is Petition for determination of heirship (O.C.G.A. §§ 53-2-20 to 53-2-28), in the probate court or the superior court, which determines the heirs by order.

The Affidavit of Heirship in Georgia

In Georgia, an affidavit of heirship is recorded under the general recording statute for affidavits of facts affecting title to land, which names heirship among the facts the instrument may carry. The statute's own words for the instrument: “Recorded affidavit relating to land.” The affidavit states the decedent's death, family history, heirs and the real property, and goes into the county land records.

What recording does, in the statute's words: Recorded affidavits shall be notice of the facts therein recited, where the affidavit shows (among other listed matters) the relationship of persons in the chain of title, the payment of debts of an unadministered estate, or the fact or date of death of a person connected with the title. The affidavit is evidence of the facts it states, not a deed; title does not pass by it.

The affidavit is recorded in filed by the clerk of the superior court of the county where the land is located, recorded and indexed in the deed records. Georgia names who may make it: any person, whether connected with the chain of title or not.

The affidavit is attested by an officer or acknowledged before a notary. The statute names no witness requirement, so the office relying on the affidavit sets what it will accept; title companies commonly ask that the affiant be someone other than an heir.

The statute's list of what the affidavit recites: A caption referring to the current owner of the affected land; A caption reference to a deed or other recorded instrument in the chain of title of the affected land; The name and mailing address of the natural person to whom the affidavit is to be returned, legibly printed, typewritten or stamped at the top of the first page; Facts within § 44-2-20(a): for an heirship affidavit, the fact or date of death of the person connected with the title, the relationship of the persons in the chain of title, and (where recited) the payment of debts of the unadministered estate.

A deceased owner's vehicle takes a separate route: it is retitled through the Georgia Department of Revenue, Motor Vehicle Division on Affidavit of Inheritance of a Motor Vehicle (T-20), an agency form that is not the recorded affidavit. Where a recorded affidavit will not be relied on, the heirs are determined by court order in Petition for determination of heirship (O.C.G.A. §§ 53-2-20 to 53-2-28), in the probate court or the superior court.

SimplyTrust Editorial·Updated September 24, 2026

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Data sourced from Georgia statutes and official state code. How we research.

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Free Georgia Affidavit of Heirship

In Georgia, heirs put their identity on the land records with a recorded affidavit of facts affecting title that states who the heirs are.

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The Affidavit of Heirship in Georgia

Free Georgia Affidavit of Heirship

Your Information

Is this your situation?

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Death of a Parent

Loss of a Spouse

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Free Georgia Affidavit of Heirship

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