Free Georgia Small Estate Affidavit

Prepare the Georgia small estate affidavit for estates up to $15,000, plus presentation letters for each holder. O.C.G.A. § 7-1-239.

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Your Information

The Georgia affidavit identifies the claiming successor and the basis of entitlement.

Skipping probate?Settle the whole estate in one place.

State Where the Property Is Collected*

The decedent's state. Only states where this tool prepares the affidavit are listed; other states' pages explain their procedure.

Your Full Legal Name*

The successor signing the affidavit.

Your Entitlement to the Property*

Street Address*

City*

State

ZIP Code*

Telephone

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NOT LEGAL ADVICE:This document was created entirely based on your selections. SimplyTrust does not review, analyze, or verify your entries, nor do we verify your identity, capacity, or authority to act. You are solely responsible for determining whether this document meets your needs and for completing all required execution formalities (signatures, witnesses, notarization, or recording) in accordance with your state's laws. For any legal questions, consult a licensed attorney in your state.

Frequently Asked Questions About Georgia Small Estate Affidavits

No statewide form. O.C.G.A. § 7-1-239(b) sets what the affidavit must state, and the affidavit is drafted to those requirements; the required elements print with the document as a checklist.

$15,000, per O.C.G.A. § 7-1-239. This tool checks the entered estate value against the limit and does not prepare an affidavit for an estate over it.

For a person who died INTESTATE: the surviving spouse; if no surviving spouse, the children pro rata; if no children or surviving spouse, the father and mother pro rata; or if none of the above, the brothers and sisters of the decedent pro rata. O.C.G.A. § 7-1-239(b)(1)-(4).

The financial institution holding the decedent's deposit (any federally or state chartered financial institution whose deposits are federally insured, § 7-1-239(a)(2)). The institution may rely on a properly executed affidavit in disbursing the funds (§ 7-1-239(d)).

The Georgia affidavit is signed before a notary (O.C.G.A. § 7-1-239(e) (statutory form jurat); DHS Division of Aging Services affidavit packet).

Payments under § 7-1-239(b)-(c) operate as a complete acquittal and discharge of the financial institution from any suit, claim, or demand of whatever nature by any heir, distributee, creditor of the decedent, or any other person; payment may be made without administration of the estate and without an order that no administration is necessary (§ 7-1-239(d)).

Real property is not covered — § 7-1-239 reaches only deposits at financial institutions (and § 7-1-239.1 checks/instruments payable to the decedent). Georgia has no small-estate affidavit for real property or general personal property; those pass through probate, administration, or the § 53-2-40 "no administration necessary" order. O.C.G.A. § 7-1-239(b).

Small Estate Collection in Georgia

The Georgia payment of deposits of deceased intestate depositors upon affidavit (deceased depositor's funds) is prepared by the successor — O.C.G.A. § 7-1-239(b) governs its contents — and collects a small estate's property without probate administration.

The O.C.G.A. § 7-1-239 limit is $15,000. There is no waiting period after the death. An estate over the limit is administered through probate instead.

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Frequently Asked Questions About Georgia Small Estate Affidavits

No statewide form. O.C.G.A. § 7-1-239(b) sets what the affidavit must state, and the affidavit is drafted to those requirements; the required elements print with the document as a checklist.

$15,000, per O.C.G.A. § 7-1-239. This tool checks the entered estate value against the limit and does not prepare an affidavit for an estate over it.

The Georgia affidavit is signed before a notary (O.C.G.A. § 7-1-239(e) (statutory form jurat); DHS Division of Aging Services affidavit packet).

Small Estate Collection in Georgia

The O.C.G.A. § 7-1-239 limit is $15,000. There is no waiting period after the death. An estate over the limit is administered through probate instead.

Free Georgia Small Estate Affidavit

Your Information

Frequently Asked Questions About Georgia Small Estate Affidavits