What Are the Qualifications for a Small Estate Administration in Georgia?
Full Question:
Answer:
To collect property of the deceased in Georgia by affidavit, the maximum value is $10,000. When a person dies without a will (referred to as dying intestate) ,a petition to dispense with administration may be filed if all heirs agree and the following statutory requirements below apply.
Please see the following GA statutes:
53-10-1. (Pre-1998 Probate Code) (a) When any person owning real or
personal property located in this....
(a) When any person owning real or personal property located in this
state has died intestate and no permanent administration in this state
has been had upon the estate, any heir at law of the deceased owner may
file a petition in the probate court of the county of the residence of
the deceased owner if the decedent was a resident of this state or in the
county in which the property is located if the decedent was not a
resident of this state, praying for an order that no administration or no
permanent administration, as the case may be, is necessary.
(b) The petition provided for in subsection (a) of this Code section
shall be sworn to and shall show the names, ages, and places of residence
of all of the heirs at law of the deceased owner; the amounts and
description of the real and personal property in this state owned by the
deceased owner; that the estate of the decedent owes no debts; and that
the heirs at law have agreed upon a division of the estate amicably among
themselves. Property subject to an outstanding security deed, although
the indebtedness is a charge against the estate, may be subject to like
administration if the holder of the security deed consents or is served
and makes no objection thereto or the order may also be granted in
instances where there are known debts and all of the known creditors join
in a written consent to the order.
7-1-239. (a) Except as provided in subsection (b) of this Code section and
in....
(a) Except as provided in subsection (b) of this Code section and in
Article 8 of this chapter, whenever any person dies intestate having a
deposit of not more than $10,000.00 in a financial institution, such
financial institution shall be authorized to pay the proceeds of such
deposit directly to the following persons:
(1) To the surviving spouse;
(2) If no surviving spouse, to the children pro rata;
(3) If no children or surviving spouse, to the father and mother pro
rata; or
(4) If none of the above, then to the brothers and sisters of the
decedent pro rata.
(b) Except as provided in Article 8 of this chapter, if no application
for the deposit is made by any person named in subsection (a) of this
Code section within 90 days from the death of the intestate depositor,
the financial institution shall be authorized to apply not more than
$10,000.00 of the deposit of such deceased depositor in payment of the
funeral expenses and expenses of the last illness of such deceased
depositor upon the receipt of itemized statements of such expenses and
the affidavit of the providers of such services that the itemized
statements are true and correct and have not been paid. The financial
institution shall pay such expenses in the order received after the death
of the depositor.
(c) Payments pursuant to subsections (a) and (b) of this Code section
shall operate as a complete acquittal and discharge to the financial
institution of liability from any suit, claim, or demand of whatever
nature by any heir, distributee, creditor of the decedent, or any other
person. Such payment is authorized to be made as provided in this Code
section without the necessity of administration of the estate of the
decedent or without the necessity of obtaining an order that no
administration is necessary.
(d) In any case in which a deceased depositor has more than $10,000.00
on deposit in a financial institution, such financial institution shall
be authorized to pay any amount up to $10,000.00 to any of the persons
authorized by this Code section to receive said deposit. The payment
shall only act as a full and final acquittance of liability up to the
amount paid by the financial institution and shall not act as a full
and final acquittance to the financial institution of all liability.
(e) Notwithstanding any other provisions of law to the contrary, when
any person dies intestate as a resident of this state and any person is
left in possession of moneys belonging to the decedent, which moneys do
not exceed $10,000.00, such person shall deposit such moneys into a
savings account in the name of the decedent in a financial institution
located in the area of the decedent's residence. Such account shall be
managed in accordance with the signature contract in effect at the
financial institution at the time the account is opened. Any financial
institution receiving such deposits is authorized to pay the proceeds
in accordance with subsections (a), (b), (c), and (d) of this Code
section.
(f) As used in this Code section, the term "financial institution"
includes any federally chartered financial institution.
(g) Application by any claimant or claimants entitled in this Code
section to receive deposits at a financial institution shall include an
affidavit by the claimant or claimants which states that they qualify as
the proper relation to the decedent as specified in this Code section and
that the claimant or claimants know of no other corresponding claimant or
claimants to such deposit. The financial institution may rely on a
properly executed affidavit in disbursing the funds according to this Code
section.
7-1-239.1. (a) Whenever any person dies intestate having possession of or
a....
(a) Whenever any person dies intestate having possession of or a
right to possession of a check or other instrument payable to such
deceased person and the amount of the check or instrument does not
exceed $10,000.00, the financial institution on which the check or
instrument is drawn shall be authorized to accept and redeem the check
or instrument by payment to the following persons:
(1) To the surviving spouse;
(2) If no surviving spouse, to the children pro rata;
(3) If no children or surviving spouse, to the father and mother pro
rata; or
(4) If none of the above, then to the brothers and sisters of the
decedent pro rata.
(b) If a check or other instrument is payable to more than one person,
it may be accepted and redeemed as provided in subsection (a) of this
Code section only if it has been endorsed by each payee other than the
decedent.
(c) Payments made pursuant to this Code section shall operate as a
complete acquittal and discharge to the financial institution of
liability from any suit, claim, or demand of whatever nature by any
heir, distributee, creditor of the decedent, or any other person. Such
payment is authorized to be made as provided in this Code section without
the necessity of administration of the estate of the decedent and without
the necessity of obtaining an order that no administration is necessary.
(d) As used in this Code section, the term "financial institution"
includes any federally chartered financial institution.
(e) Application by any claimant or claimants entitled in this Code
section to receive payments of checks or other instruments at a financial
institution upon which such instrument is drawn shall include an
affidavit by the claimant or claimants which states that they qualify as
the proper relation to the decedent as specified in this Code section and
that the claimant or claimants know of no other corresponding claimant or
claimants to such funds. The financial institution may rely on a properly
executed affidavit in disbursing the funds according to this Code
section.