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What Is A Georgia Small Estate Affidavit?

Georgia Small Estate Affidavit - Georgia Small Estate Limit - Georgia Probate Law Small Estate

Does your estate qualify for a Georgia small estate affidavit?

In this article, you’ll learn about:

  • what is a small estate affidavit
  • Georgia’s small estate limits
  • surviving spouse rights in Georgia
  • probate laws about heirship in Georgia

Let’s dig in.

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Georgia Small Estate Affidavit

In Georgia, summary probate offers a simplified procedure for probate.

The Georgia small estate affidavit requirements are that the decedent:

  • died without a will
  • had less than $10,000 in their bank accounts

The small estate affidavit in Georgia allows family members to skip the probate process.

What Is A Small Estate Affidavit?

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.

What Is The Small Estate Limit In Georgia?

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.

Georgia Probate Law Small Estate

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.

Surviving Spouse Rights In Georgia

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:

  • an equal share of the estate if there are kids
  • the entire estate if there are no kids

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%.

Affidavit Of Heirship Georgia

An affidavit of heirship in Georgia gets used when:

  • there is no will
  • the estate is small enough to avoid the probate process

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.

Affidavit Of Descent Georgia

An affidavit of decent in Georgia allows you to transfer property without probate.

But family members can only use it when the decedent:

  • dies without a will
  • has a small estate

An affidavit of descent is a legally required document.

It’s for loved ones to be able to:

Small Estate Affidavit For Bank Account

A small estate affidavit for bank accounts allows heirs to inherit bank accounts.

Let’s say that there:

  • was no will
  • bank accounts have less than $15,000 in them

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.

Affidavit Of Ownership Georgia

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 Georgia

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.

Georgia Small Estate Probate FAQs

Does Georgia Have A Small Estate Affidavit?

Yes, Georgia does have a small estate affidavit for estates worth under $10,000.

How Do I Get A Small Estate Affidavit In Georgia

You can get a Georgia small estate affidavit from:

  • a probate law firm
  • your local Georgia probate courts

A probate lawyer can walk you through how to fill it out.

How To File A Small Estate Affidavit

This section is covering how to file a small estate affidavit in Georgia.

  1. Get the relevant forms from your local probate courts (we can help you), including:
    • Banking Affidavit of Surviving Relative Intestate Estate
    • Petition for Order Declaring No Administration Necessary
    • Agreement and Acknowledgement of Service and Consent
  2. Fill out these forms in front of a notary public
  3. Pay off outstanding debts and funeral expenses
  4. File these forms and pay the filing fee

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:

  • who the affiant (witness) is
  • who the claimants (beneficiaries) are
  • a copy of the death certificate
  • the date of death
  • the decedent’s date of birth
  • the decedent’s name
  • every beneficiaries’ phone number and address

Georgia requires there to be two witnesses.

So that you don’t have to worry about it, our law firm will provide you with:

  • a notary public
  • two witnesses

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.

Do I Need Probate For A Small Estate?

No, you do not need probate for a small estate in Georgia.

Georgia has a simplified probate process for small estates.

In Georgia, a “small estate” is anything under $10,000.

You can file a Petition for Order Declaring No Administration Necessary.

Get A Georgia Small Estate Affidavit

If you want the best probate attorneys to represent you, fill out the form below.

We have the experience needed to ensure that your rights are protected.

This means that you don’t wrongfully lose assets to creditors.

We also make sure that the probate process is smooth and fair.

This means you don’t get raked over the coals financially.

After you fill out the form below, we will set up your free consultation.

Talk soon.

Get A FREE Consultation!
We run out of free consultations every month. Sign up to make sure you get your free consultation. (Free $350 value.)
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