After a death in Georgia

Small estates

Georgia has no small estate affidavit. Options: (1) Petition for order that no administration is necessary (O.C.G.A. 53-2-40). It is only for people who died without a will, the estate must owe no debts or all creditors must consent, and all heirs must sign an agreement dividing the property. (2) Year’s support petition, which sets aside property for a surviving spouse and minor children ahead of most debts. (3) A bank may pay up to $15,000 of deposits of a person who died without a will to the spouse, or if none, the children, then parents, then siblings, by affidavit (O.C.G.A. 7-1-239).

• Limit: No general limit. Bank deposits up to $15,000 by affidavit.
• Source: the official source

Probate court

In Georgia, estates are handled by the Probate Court of the county, usually in the county where the person lived.

Creditor claims: The personal representative publishes notice to creditors once a week for 4 weeks. Creditors have 3 months from the last publication to file claims.

Official court forms

Georgia Probate Court Standard Forms

Free standard forms used in Georgia probate courts, including petitions to run an estate, for year’s support, and for no administration necessary.

Small estate form: open the form

Georgia has no small estate affidavit. The closest short path is the Petition for Order Declaring No Administration Necessary (GPCSF 9). File with the probate court in the county where the person lived. Fees vary by county.

Estate and inheritance tax

• State estate tax: No. Georgia has no state estate tax.
• Inheritance tax: No. Georgia has no inheritance tax.

The federal estate tax applies only to very large estates. Most families do not owe it.

Property that passes outside probate

• Transfer on death deed for a home: No. Georgia has no transfer on death deed law. Survivorship deeds and revocable trusts are common alternatives.
• Community property state: No.

Accounts with a named beneficiary, jointly owned property and property in a living trust usually pass directly, without probate, in every state.

Wills

Signing a will: Signed by the testator and 2 witnesses. A self-proving affidavit before a notary is optional.

Handwritten wills: A handwritten will is valid only if it is signed and witnessed like any other will.

Power of attorney and health care directive

Financial power of attorney: Georgia adopted the Uniform Power of Attorney Act (O.C.G.A. 10-6B), effective July 1, 2017. The principal must sign in front of one adult witness who is not an agent and a notary (O.C.G.A. 10-6B-5). The Act includes a statutory form.

Health care directive: Georgia Advance Directive for Health Care (O.C.G.A. 31-32), which names a health care agent and records treatment wishes. Signed with 2 adult witnesses. The agent and certain others cannot be witnesses.

Death certificates

Certified copies come from the Georgia Department of Public Health, State Office of Vital Records, or the county vital records office. The funeral home can usually order them for you.

Phone (404) 657-2700. Order online, by mail, or in person.

Most families need 6 to 12 certified copies. Banks, insurers and brokerages usually want a certified copy.

Also good to know

Year’s support for a surviving spouse and minor children has priority over most debts and can include the home. Georgia is one of the few states with no small estate affidavit.