Explore the essentials of Georgia Small Estate Affidavit with Perigon Legal Services. Understand the process, requirements, and how we can assist in streamlining your estate planning.
Mr. Faulkner is an experienced counselor and litigator with 15 years of experience, having held bar licenses in four states (Mo, Il, Ct and Ga). Stan Faulkner uses this experience and focuses his skills in the pursuit of assisting individuals in probate (trust and estate) matters, guardianships and conservatorships, estate planning, business disputes and contract disputes. Published on April 02, 2024.
When a person dies, their assets need to be distributed to their heirs or beneficiaries. Usually, this requires initiating probate proceedings, regardless of whether the person has a last will and testament in Georgia .
If a will is in place, the executor must distribute these assets accordingly. Without a will, their estate will be distributed based on Georgia state law. Both scenarios could be tedious, time-consuming, and costly. That is why some people prefer resorting to a small estate affidavit.
Although the process is expected to be simpler, a small estate affidavit does not apply to all situations. Do not worry; a probate lawyer in Atlanta can review your situation to see if you meet the requirements for a small estate affidavit. At Perigon Legal Services, our lawyers have vast experience in estate planning and probate and may be able to provide the guidance you need.
An estate affidavit is a legal document used to settle the estate of the decedent (the dead person). However, the term “small” varies for each state. In Georgia, the small estate limit is $10,000.
A small estate affidavit is also limited to personal property only. Real property, such as land or house, is excluded. These properties can generally be distributed to the heirs only after going through the probate process.
The legal basis for Georgia small estate affidavits is specified in OCGA 53-2-40 . It deals with the following essential points:
An individual may pass away without having an appointed personal representative. The heirs of the deceased person can file the petition to request that no administration is needed.
The petition will be filed in the probate court of the county in Georgia where the decedent was domiciled. If the person is not domiciled in Georgia, the petition will be filed in the county where the dead person’s real property is situated.
The petition must contain the following information:
