Do I need a probate for a small estate? Does Georgia have a simplified probate? Is there a small estate affidavit in Georgia? Which are the best alternatives to a probate estate? These are some of the questions our law office faces quite often.
When people die, their assets must be distributed to their heirs or beneficiaries. This often means opening probate proceedings, regardless of whether the deceased had a will or not.
If there is a will, the executor is responsible for adequately distributing these assets. Otherwise, the decedent’s estate is distributed according to state law.
Both scenarios can be complicated and time-consuming, so many people choose to use an estate affidavit instead.
A small estate affidavit is a legal procedure allowing an estate’s heirs to bypass the probate process when distributing the estate’s property. It is used in some states, typically when the estate has little to no assets and few, if any, debts.
Unfortunately, we do not have a small estate affidavit in Georgia. As a result, this is not a process we can use.
However, we have a shortened probate proceeding called No Administration Necessary that can be used for very simple estates where there is no will, no creditors to the estate, and all parties involved will sign off on it.
This proceeding is not commonly used as there is a strict criterion on when it can be used. As probate lawyers, we have found that, in practice, this petition is not very useful. It looks like it would save time, but it often results in more complications than a standard probate process.
As the name implies, it is typically used with small estates. It’s a sworn statement, which means it must be filled out under penalty of perjury.
There is technically no small estate limit in Georgia. If the deceased had no will and the only asset is money deposited in a bank or other financial institution, and the amount is less than $15,000.00 , an heir-at-law may claim those assets by completing an affidavit.
*Please note that the bank is not required to provide the funds.
**This statute is permissive, and it is not uncommon for a financial institution to refuse to provide funds until a personal representative is appointed.
As mentioned before, Georgia does not have a small estate affidavit, but no administration necessary is a procedure we can use to shorten the probate process .
If you want to use this probate petition, here are the eligibility requirements that must be met:
If these requirements are met, then it may be possible to petition for no administration necessary.
If the deceased person:
An heir-at-law may be able to claim those assets by completing an affidavit for the financial institution without petitioning for Letters of Administration.
Under the Georgia State Law, which governs this situation, there are specific conditions for the financial institutions to pay the proceeds of such deposits directly to the persons who are so entitled.
*Please note that the bank is not required to provide the funds.
**This statute is permissive, and it is typical for a financial institution only to provide funds once a Personal Representative is appointed.
If the deceased passed away with assets that did not have a designated beneficiary, then probate is more than likely necessary regardless of the size of the estate.
However, if the criteria are met, no administration necessary is a potential option.
This process requires an estate representative to fill a petition for no administration necessary in Georgia, but this is only possible under limited circumstances, and the requirements are strict. These are some of the steps that the petitioner typically needs to follow:
If all the conditions are met, the Probate Court will order that the estate assets be distributed according to the written plan submitted to the Probate Court.
Even if you can obtain a form from the probate court to fill out this petition, we strongly recommend getting the help of an experienced probate attorney.
There are two situations when you can use this legal process in Georgia:
If the will is probated and accepted by the probate court, then the spouse will receive what has been designated in the will. However, the surviving spouse could also request more than what they are entitled to in the will by petitioning for a Year’s Support .
It is important to note that if there is a will, it may require the surviving spouse to choose between the terms of the will and the Year’s Support. Once they make that choice, it is irrevocable. We recommend legal counsel to review those options.
If there is no will, then the estate is distributed per the intestate laws in Georgia.
An affidavit of ownership is a legal document registered in the actual property records indicating that the remaining co-owner(s) of real property in Georgia hold the deceased co-owner’s property interest due to a right of survivorship.
Yes, no administration necessary is a simplified probate process in Georgia, but it has specific criteria, and, in some situations, it can be more complicated than the typical probate process.
In this post, we talked about the small estate affidavit: what it is, when it should be used, what is the alternative to the small affidavit in Georgia , and who would be eligible to use it.
Do you still have unanswered questions? Call us at (770) 796-4582, or use the form to set up a consultation to talk with one of our experienced probate attorneys.
More informationDisclaimer These websites have not been reviewed by Georgia Probate Law Group and are not endorsed or even recommended by Georgia Probate Law Group. These websites are additional resources that you can use to further your general education on this topic.
Disclaimer: The information above is provided for general information only and should not be considered legal advice. Our probate attorneys provide legal advice to our clients after talking about the specific circumstances of the client’s situation. Our law firm cannot give you legal advice unless we understand your situation by talking with you. Please contact our law office to receive specific information about your situation.
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