Does your estate qualify for a Georgia small estate affidavit?
In this article, you’ll learn about:
In Georgia, summary probate offers a simplified procedure for probate.
The Georgia small estate affidavit requirements are that the decedent:
The small estate affidavit in Georgia allows family members to skip the probate process.
A small estate affidavit is a sworn written statement.
It is a simplified procedure that allows assets to get passed down without probate.
This saves loved ones and family members time and money.
The personal representative creates the Georgia small estate affidavit.
And presents it to whoever holds the estate assets.
These are financial institutions like banks, credit unions, or brokerages.
The small estate limit in Georgia is $10,000.
People with an estate that’s less than $10,000 can avoid probate.
The state of Georgia code section is O.C.G.A. 53-2-40.
Under Georgia state law, small estate are limited to personal property.
Meaning real property like real estate is usually excluded from this.
These types of properties cannot get released to beneficiaries without probate.
The Georgia probate laws for small estates state that:
These are the qualifying factors for a small estate in Georgia.
Let’s say that not all of these qualifying factors get met.
Then the estate has to go through the probate process in Georgia.
Not all estate assets get counted towards your $10,000 limit.
This includes estate assets like:
Basically, it doesn’t count if it’s getting transferred to a surviving spouse.
When you die without a will in Georgia, estate assets go through intestate succession.
If there’s a surviving spouse in Georgia, then they will receive:
If there are kids, the surviving spouse cannot receive less than 1/3 of the estate assets.
Let’s say there are 3 children and a surviving spouse.
The surviving spouse will get 1/3 of the estate assets.
Then, the children split the remaining 66% of the estate pro rata.
This means the 3 children get equal shares (22%) of the remaining 66%.
An affidavit of heirship in Georgia gets used when:
When a deceased person dies without a will, the estate gets passed down to the heirs.
This probate process is called “administration of the estate.“
The Georgia probate courts will distribute the decedent’s estate per intestacy laws.
In Georgia, it’s possible to skip this process with a small estate.
This can include money, real property, or personal property.
You’ll need to file an affidavit of heirship in Georgia.
Our law firm can assist you with this.
Just fill out the form on this page to get started.
An affidavit of decent in Georgia allows you to transfer property without probate.
But family members can only use it when the decedent:
An affidavit of descent is a legally required document.
It’s for loved ones to be able to:
A small estate affidavit for bank accounts allows heirs to inherit bank accounts.
Let’s say that there:
An heir-at-law can claim these assets.
They just need to fill out a Banking Affidavit Of Surviving Relative Intestate Estate.
They can submit this banking affidavit to any financial institution.
And the financial institution will give the estate assets to the heirs.
An affidavit of ownership in Georgia proves co-ownership for real property.
You have to prove that you are due the remaining interest of the decedent’s property.
Affidavit of ownership gets used when you have the right of survivorship for a property.
No Administration Necessary gets used when someone dies without a will.
And the heirs agree on how to distribute the estate between themselves.
All of the heirs will need to sign a No Administration Necessary in front of a notary.
Someone with power of attorney in Georgia can sign on an heir’s behalf.
It’s best if you fill out this Georgia small estate affidavit form with an attorney.
Yes, Georgia does have a small estate affidavit for estates worth under $10,000.
You can get a Georgia small estate affidavit from:
A probate lawyer can walk you through how to fill it out.
This section is covering how to file a small estate affidavit in Georgia.
That’s pretty much it.
This will allow you to avoid the probate proceedings for a small estate.
For these legal documents, you will need to gather:
Georgia requires there to be two witnesses.
So that you don’t have to worry about it, our law firm will provide you with:
When you file the No Administration Necessary, you won’t need letters of administration.
Letters of administration are needed when someone needs to distribute the estate.
But with small estates, the heirs can agree on how to split the estate.
And no administrator is needed.