Georgia Small Estate Affidavit Form

Within the Georgia state law framework, there are particular papers governing estate relations. When the deceased has left no will stating how their property should be shared out, the descendants can still claim the property using the Georgia Small Estate Affidavit Form.

The small estate affidavit permits the rightful descendants to lay claim on the decedent’s estate without having to go to the courts. Georgia state law declares these people as descendants of the deceased:

  • The deceased’s spouse
  • In the absence of the spouse, the deceased’s children are considered as legal heirs.
  • The decedent’s parents in the absence of children and spouse.
  • Without the deceased’s marital partner, kids, and parents, siblings of the deceased can inherit the estate.
Georgia small estate affidavit official form

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The Georgia Small Estate Affidavit Form, unlike other states’ SEA forms, doesn’t set conditions regarding the total value of the property left by the deceased. However, the claimant cannot use the form to claim more than $10,000 from the deceased’s bank account.

Georgia Laws and Requirements

Georgia rules and laws touching on property transfer are contained in two main documents:

2018 Georgia Code

  • Title 7 deals with Banking and Finance.
  • Chapter 1 covers Financial Institutions.
  • Article 1 covers Provisions Applicable to Department of Banking and Finance and Financial Institutions in general.
  • Part 12 deals with Deposits of Deceased Depositors.

According to this legal paper, even if the deceased has a deposit of more than 10,000 USD, descendants can get any sum up to the 10,000 UDS, not more. Descendants can claim a property item only if no other heir has a claim on it.

2018 Georgia Code

  • Title 53 covers Wills, Trusts, and Administration of Estates.
  • Chapter 2 addresses Descent and Distribution.
  • Article 4 addresses Dispensing With Administration, 53-2-40. Petition.

The affidavit form has to be completed in the county of the deceased person’s residence.

Georgia Small Estate Affidavit Laws Details

Max. Estate $15,000
Min. Time to Wait After Death Not specified
Filing Fee Appr. $225
State Laws Georgia Code, Sections 7-1-239 and 7-1-239.1
seal of georgia state

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Filling Out the Georgia Small Estate Affidavit Form

Fill in the Petitioner’s Details

Enter the petitioner’s full name, address, and the current date.
Petitioner's details indication section of Georgia sea form

Enter the Deceased Person’s Details

Register the full name, date of the death, and the former address of the one who passed away.
Deceased details entering part of a small estate affidavit for Georgia

Give the Heirs’ Details

Write their addresses, names, and how they relate to the decedent.

Declare that no other heir has a claim on the subject property item.
Heirs details indication section of a Georgia small estate affidavit template

Register the Decedent’s Property

Give details of the deceased person’s estate, including its location and estimated/exact value.
Decedent's property registration part of a Georgia small estate affidavit

Present Details of the Decedent’s Liabilities

If the decedent had debts, list them down in detail.
Decedent's liabilities details part of small estate affidavit template for Georgia

Sign the Document

Two people must sign the form before the clerk of the Probate Court of Georgia.
Signing part of Georgia small estate affidavit form

Deliver the Paper to the Probate Secretary

Send the completed form to the clerk of the Probate Court and pay the required taxes.

Published: Jan 11, 2021