Detailed Answer
What Is a Small Estate Affidavit?
In Georgia, a small estate affidavit lets eligible heirs collect certain assets without full probate when the decedent’s personal property in the county of residence (minus liens and encumbrances) does not exceed $10,000. You file the affidavit in superior court and present it to third parties holding the assets. See O.C.G.A. § 53-1-10 and O.C.G.A. § 53-1-13.
Who Qualifies?
Only the persons entitled to inherit under Georgia’s intestate succession law may use the affidavit. Typical heirs include a surviving spouse, children, or next of kin. If the decedent left a will and appointed an executor, you cannot use this process. See O.C.G.A. § 53-2-1 for intestate shares.
Step-by-Step Process
- Wait 30 Days After Death to allow creditors to come forward.
- Value the Estate by totaling personal property in the decedent’s county minus liens. Confirm the total does not exceed $10,000 (O.C.G.A. § 53-1-10).
- Prepare the Affidavit including:
- Affiant’s name and relationship to decedent.
- Date and place of decedent’s death.
- List and value of each asset subject to the affidavit.
- Statement that no probate administration is pending.
- File with Superior Court Clerk in the county where the decedent resided. The clerk will record and notarize the affidavit.
- Serve Notice to Creditors as required by law. Georgia requires you to notify all known creditors and publish notice if needed. Unpaid claims survive against assets collected.
- Collect Assets by presenting certified copies of the affidavit to banks or institutions holding funds or personal property. They must release assets to you.
- Distribute to Heirs according to Georgia’s intestate succession rules. Provide each heir their share, keep records, and get receipts.
Distribution Rules Under Georgia Law
When a decedent has no will, Georgia divides the estate based on O.C.G.A. § 53-2-1. Example shares:
- Surviving spouse only: the entire estate.
- Spouse and children: spouse gets one-third, children split two-thirds.
- No spouse or children: parents share equally.
Key Statutes
- O.C.G.A. § 53-1-10 (Eligibility and Threshold)
- O.C.G.A. § 53-1-13 (Small Estate Affidavit)
- O.C.G.A. § 53-2-1 (Intestate Succession)
Disclaimer
This article is for informational purposes only and does not constitute legal advice. Laws change, and outcomes vary by scenario. Consult a qualified attorney for guidance tailored to your situation.
Helpful Hints
- Gather certified death certificate and asset records before you begin.
- Double-check asset values to stay under the $10,000 limit.
- File in the superior court of the decedent’s last residence.
- Serve known creditors promptly to limit liability.
- Keep detailed records of distributions and receipts from heirs.
- Consider consulting an estate attorney if any asset exceeds the small estate limit.