How to Secure a Decedent’s Bank Accounts When Co-Heirs Won’t Cooperate (Georgia)
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney in Georgia for guidance on your specific situation.
Detailed Answer
When a loved one dies, Georgia law requires banks to freeze accounts upon receiving a certified death certificate. But if co-heirs refuse to cooperate, you must involve the probate court to gain authority and protect assets.
1. Statutory Authority to Freeze Accounts
Under O.C.G.A. § 7-1-17, banks must freeze a decedent’s individual deposits once they receive a certified copy of the death certificate. You can find the text of the statute here: O.C.G.A. § 7-1-17.
2. Petition for Letters of Administration or Testamentary
If no executor steps forward or co-heirs stall, file a petition in the county probate court for Letters of Administration (intestate) or Letters Testamentary (with a will). Under O.C.G.A. § 53-6-10, the court will appoint an administrator who gains legal authority to manage and secure bank accounts. See the statute here: O.C.G.A. § 53-6-10.
3. Documentation Banks Typically Require
- Certified death certificate of the decedent.
- Original or certified copy of Letters of Administration/Testamentary.
- Photo ID of the appointed administrator or executor.
- Probate court order authorizing interim control, if applicable.
4. Court Order to Freeze or Secure Funds
If co-heirs challenge your petition or refuse to release funds, ask the probate court for a preliminary injunction or restraining order under O.C.G.A. § 9-11-65. This order compels banks and heirs to hold assets until the court resolves the dispute.
Helpful Hints
- Start by requesting a certified death certificate from the local registrar.
- File your petition in the probate division of the superior court in the county where the decedent lived.
- Include a detailed list of known assets and account numbers in your petition.
- Serve all known heirs and interested parties with notice of the petition.
- Keep copies of all filings and certified orders for bank presentations.
- Consider hiring a probate attorney if the estate’s value or disputes are significant.