Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.
Detailed Answer
Under Georgia law, a small estate affidavit lets eligible heirs collect personal property without formal probate if the estate’s value does not exceed $10,000 (O.C.G.A. § 53-2-24(c)). The process requires filing a sworn affidavit with each custodian holding estate assets (banks, brokers, or other entities).
To complete and file a small estate affidavit, you generally need the following documents:
- Certified Copy of the Death Certificate
Obtain an official death certificate from the county vital records office. You must file a certified copy with each custodian. - Uniform Affidavit Form
Use the statutory form prescribed by O.C.G.A. § 53-2-1. You can find a sample form at Justia: O.C.G.A. § 53-2-1. Complete all sections, including the decedent’s name, date of death, and statements about the estate’s value. - Itemized List of Personal Property
Prepare a detailed list of all personal assets subject to the affidavit (bank accounts, investment accounts, vehicles, insurance proceeds, etc.). Confirm that the total value is under the $10,000 threshold. - Proof of Value
Attach recent account statements or valuation documents for each asset to establish the current fair market value. - Heirship Statement
Include a clear statement listing the heir(s) entitled to inherit the property and their relationship to the decedent. If you are the sole heir, state this explicitly. - Valid Identification
Provide a government-issued photo ID (driver’s license or passport) for the affidavit affiant (the person swearing the affidavit). - Oath and Notarization
Sign the affidavit before a notary public. The notary will verify your identity, witness your signature, and acknowledge the oath. - Filing Fee (if applicable)
While Georgia generally does not charge a fee to file a small estate affidavit with private custodians, some banks or institutions may require a nominal administrative fee. Confirm with each custodian in advance.
After gathering these documents, submit one complete package to each holder of estate assets. Each custodian must accept the affidavit and supporting documents before releasing funds or property to the affiant.
Helpful Hints
- Verify the estate’s total value carefully; any asset over the $10,000 limit requires a formal probate or small estate settlement procedure (O.C.G.A. § 53-2-24).
- Request multiple certified death certificates—custodians often require original seals.
- Keep photocopies of all filings and correspondence with custodians.
- Check each institution’s requirements; some may need additional forms or in-house affidavits.
- Maintain a spreadsheet tracking submission dates, point of contact, and released amounts.
- If the estate includes real property, consult a probate attorney; small estate affidavits do not apply to real estate.
- Ask the clerk of your county probate court for guidance on small estate settlement if inheritance disputes arise.
- Consider hiring a local probate paralegal or attorney for a flat fee to streamline the process and avoid errors.