Requirements for Filing a Small Estate Affidavit in ... 2025

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How to use or fill out Requirements for Filing a Small Estate Affidavit in Georgia

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  1. Click ‘Get Form’ to open it in the editor.
  2. Begin by entering the name and address of the deceased depositor in the designated section. Ensure accuracy as this information is crucial for identification.
  3. Next, specify your relationship to the decedent. This is important for establishing your right to claim the funds.
  4. Indicate whether the decedent had a deposit not exceeding $15,000 or if they possessed a check payable to them within that limit.
  5. Select and provide details for the individual(s) entitled to receive the funds, based on their relationship to the decedent. Fill in their names and addresses accurately.
  6. Confirm that there is no known will or other claimants by checking the appropriate box and signing where indicated.
  7. Finally, have your affidavit notarized by a public notary to validate your claims before submission.

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A: No, a small estate affidavit can only be used if the person died without a valid will. Q: Is an attorney required to complete a small estate affidavit? A: No, an attorney is not required. However, Isaac Shutt recommends that people seek help from a probate attorney, particularly if you are unsure about the process.
Although affidavits are considered legal documents, anyone can draft one. As long as it is signed, witnessed, and notarized correctly, the affidavit will be valid. This means that you do not need to ask a lawyer to create an affidavit.
Overview of Small Estate Affidavit in Georgia An affidavit of a small estate in Georgia simplifies the transfer process from one who has died to his estate without going through formal probate. This document applies when the total value is under $10,000, excluding real estate.
Further, the probate process can take anywhere between several months to several years. If the estate in question is eligible, a small estate affidavit can help a family skip through this entire process. Ideally, a small estate affidavit can get approved in just a few days, or a few weeks at most.
To be considered small, the estate must be valued under a set amount. That amount can change from year to year. For example, if the decedent died on April 1, 2022, or later, the estate is small if it is valued at $184,500 or less.
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Complete the affidavit: Fill out the form with the decedents information, a list of their assets and the names and addresses of all heirs or beneficiaries. Notarize the affidavit: Sign the completed affidavit in front of a notary public. Some states might also require additional witnesses.
While it is possible to file the affidavit without legal assistance, it may be beneficial to consult an attorney if the estate involves complex assets or disputes.

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