Detailed Answer
When someone dies in Georgia, their bank accounts remain frozen until a court appoints a personal representative. You cannot lawfully withdraw funds without first obtaining proper authority. Here’s how to access and withdraw money during the probate process:
- Initiate Probate and Petition for Appointment. File a petition in the superior court of the county where the deceased lived. The court issues “letters testamentary” (if there’s a valid will) or “letters of administration” (if there’s no will). This authority empowers you to manage and distribute the estate. See O.C.G.A. § 53-3-24 and O.C.G.A. § 53-3-25.
- Obtain Certified Copies of Letters. After appointment, request certified copies of the letters from the clerk. Banks require these documents plus the death certificate to unfreeze accounts.
- Present Documents to the Bank. Provide the original death certificate and certified letters to each financial institution. The bank verifies your authority and releases funds into the estate’s account.
- Use an Affidavit for Small Estates (Optional). If the total personal property (including all accounts) is $10,000 or less, Georgia law permits collection via affidavit without formal probate. Sign a sworn affidavit and deliver it, along with a death certificate, to the bank. See O.C.G.A. § 53-6-1.
- Pay Priority Claims. Before distributing inheritances, pay funeral and other priority expenses (up to $25,000) under O.C.G.A. § 19-9-4.
- Distribute Remaining Funds. Once debts and expenses are paid, distribute the remaining money according to the will or Georgia’s intestacy statutes (O.C.G.A. § 53-2-1).
Helpful Hints
- Keep multiple certified copies of letters and death certificate on hand.
- Confirm each bank’s specific procedures; some allow remote notarized affidavits.
- Track all transactions and maintain clear records for final accounting.
- Consult probate court clerks if you have procedural questions.
- If you qualify for small estate affidavit, use it to avoid lengthy probate.
Disclaimer: This article provides general information and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.