Drawing up a small estate affidavit Georgia is a profitable way to avoid the lengthy probate process. It saves time and money when an heir wraps up an estate of a deceased person in the state of Georgia. Using an affidavit is just a shortcut to the probate process and allows the division of the assets without any hassle.
The Georgia small estate affidavit can only be effective when the dead person leaves no will. It begins when an executor files a written request for the simplified procedure to the court.
Laws and Requirements in Georgia
The Georgia small estate affidavit is used to pursue the assets of the dead person. This form can only be effective when the deceased person has left no will. Unlike many states, Georgia does not set any maximum value of an estate, but the total savings should not be more than $10,000 in the bank accounts.
Here are some required conditions that need to be fulfilled before using the Georgia small estate affidavit form.
- According to state law, an individual can claim for the estate by an affidavit within ninety days from the death date of the decedent.
- If these ninety days passed, the decedent's financial foundation would transfer the funds elsewhere, such as paying funeral expenses.
- This form can only be used when the decedent has not left any will.
- According to § 7-1-239, the affidavit's content must state that the heir qualifies as 'the proper relation to the decedent.' Along with that, the heir is unaware of any other person going to claim the deposit.
- The heirs must agree on the division of the assets by the state laws.
- There must be no existing debts in the estate.
- There is no maximum value of the assets, but the total savings in the bank account cannot have more than $10,000.
Judicial Administration of Small Estates in Georgia
Like many other states, Georgia has clarified the probate process. The executor files a written request asking to use the Georgia small estate affidavit. The court allows the distribution of the assets without going through the lengthy and complicated process of the regular probate.
The affected party is allowed to use the small estate process in Georgia under no will, helping all legally entitled individuals agree on distributing the assets.
The affidavit form must include the following information.
- Essential information like name, address, and age of the deceased person.
- All the information of the heirs involved in the process should be mentioned. It includes names, ages, or addresses.
- The description of the assets and an affirmation that the estate owes no debts.
- Include the statement that all the beneficiaries agree on how to distribute the property.
After all these points, signatures of all the heirs must be notarized. If the dead person owned the real property, the court files the order's copy in the state. It is filed where the real property is located that no administration was obligatory.
How to Fill Out a Small Estate Affidavit Template
The Georgia small estate affidavit form is used by the heirs of an individual who died without a will. The affidavit can only be effective when all the heirs agree to the petition. To fill out an effective affidavit, users can consider adopting several platforms. Such an efficient platform comes under the name of CocoDoc that offers users an impressive template to work on.
Below are some critical points that will be helpful to fill out a small estate affidavit template.
- Mention County Name: At the top of the form, write down the name of the county and a deceased person.
- Add the Petitioner's Details: In this section, add the petitioner's details, such as their name and residential address.
- Add the Decedent's Details: Add the name, age, address, and date of the death of the decedent. Make sure that this form cannot be used in case the decedent had a will.
- Add the Heirs' Details: Enter the name, age, addresses, and the relationships of all the heirs with the dead person. Fill in the facts to show that there are no other beneficiaries of the deceased person.
- Mention Property: Mention the real and personal property of the decedent located in Georgia.
- Signed Documents: There should be an attached signed agreement of all the heirs related to the distribution of the assets.
- Signatures: Sign the document in the presence of the probate court clerk and submit it with the necessary attachments to the probate clerk with the filing fees.
Should A Small Estate Affidavit Be Notarized in Georgia
The state of Georgia offers a probate shortcut for small estates, which is an easy method to transfer estates without any hassle. The free Georgia small estate affidavit form must be notarized in the presence of the local public.
Along with the Georgia small estate affidavit, it is also required to file a certified copy of the death certificate. It can be obtained from the local health department with the minute fee.
When the Georgia small estate affidavit has been filed, the normal court process for Small Estate Administration starts. The estate's assets can be divided after assuring all claims. The division occurs either according to the will or with the intestacy laws if no will is available.
In Georgia, when an individual dies without a will, their estate is distributed using a small estate affidavit Georgia. All the heirs of the decedent can claim for the assets, but they must agree to the division method given by the state. After satisfying the terms, the assets can be distributed among the heirs.
For this, understanding the design of an affidavit is essential. This article explains all the critical points required in filling out a proper free Georgia small estate affidavit form.