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In Georgia, managing the estate of a deceased loved one can be a daunting task, especially when it comes to navigating the legal requirements for transferring assets. The Small Estate Affidavit form offers a streamlined solution for families dealing with modest estates. This form allows heirs to bypass the lengthy probate process when the total value of the estate is below a certain threshold, making it easier to access and distribute assets. To use the Small Estate Affidavit, the heirs must meet specific criteria, including the value of the estate and the types of assets involved. The form requires the signature of all heirs, affirming their relationship to the deceased and their agreement to the distribution of assets as outlined. By utilizing this affidavit, families can settle affairs more quickly and with less expense, providing a sense of relief during a challenging time. Understanding the requirements and implications of the Small Estate Affidavit is essential for anyone looking to navigate this process effectively.
Georgia Small Estate Affidavit Example
Georgia Small Estate Affidavit
This document serves as a sworn statement for the collection of property from a small estate in the state of Georgia, according to the guidelines set forth in Georgia Small Estate Act. It is to be used when the total value of the decedent's estate does not exceed the amount specified by state law, allowing for the transfer of property without formal probate proceedings.
Full Name of Decedent: ________________________________________
Date of Death: ______________________________________________
County of Decedent's Residence: ________________________________
Full Name of Affiant (Person Filing): ______________________________
Relationship to Decedent: _______________________________________
Address of Affiant: _____________________________________________
Contact Information of Affiant:
- Phone Number: ____________________________________________
- Email Address: ___________________________________________
Under the provisions of the Georgia Small Estate Act, the affiant states the following:
- The value of the entire estate of the decedent, not including the value of any real estate, does not exceed the statutory limit set forth by Georgia law.
- At least 30 days have passed since the death of the decedent.
- No application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction.
- All known debts and taxes of the estate have been paid or adequately provided for.
- The affiant is lawfully entitled to collect the small estate assets.
- A written list of all known estate assets, their estimated value, and the names of persons possessing them, if any, is attached hereto.
- All persons entitled to a share of the estate are listed, with their relationship to the decedent and their respective shares of the estate specified.
By signing below, the affiant agrees to distribute the collected assets to the lawful claimants and indemnify all parties who rely on this affidavit from any claims made against the distributed assets.
Signature of Affiant: ________________________________________ Date: ________________
Printed Name of Affiant: _____________________________________
Subscribed and sworn to before me this ___ day of ______________, 20____.
Notary Public Signature: ______________________________________
Printed Name of Notary: _______________________________________
Commission Expires: __________________________________________
Document Information
| Fact Name | Description |
|---|---|
| Eligibility | The Georgia Small Estate Affidavit can be used when the total value of the estate is $10,000 or less, excluding certain assets. |
| Governing Law | This form is governed by O.C.G.A. § 53-2-40, which outlines the procedures for small estate administration in Georgia. |
| Filing Requirements | The affidavit must be signed by the heirs and filed with the court to collect assets without formal probate proceedings. |
| Asset Types | Only certain types of assets can be claimed using this affidavit, such as bank accounts and personal property. |
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