In Georgia, there's no Affidavit procedure available for small estates. There is a summary probate procedure available for estates in which there is no Will, the estate owes no debts, and all of the heirs have agreed on how to divide up the property.
Not everything a person owns is part of their "Estate" for probate purposes.
If you're wrapping up the estate of a Georgia resident who died with an estate that's worth less than a certain dollar amount, you won't have to go through a formal probate court proceeding.
It doesn't matter whether or not the deceased person left a will; what matters is the value of the assets left behind. If the estate's value is under the "small estates" limit in Georgia, you can take advantage of a simplified probate procedure, often called a "summary probate." Instead of having a court hearing in front of a judge, you may need only to file a simple form or two and wait for a certain amount of time before distributing the assets.
In some states, it can be even easier: Inheritors can use a simple affidavit to claim assets. (An affidavit is a statement you sign in front of a notary, swearing something is true.) If you live in one of those states, you just have to wait a required period of time, then sign a simple, sworn statement that no probate proceeding is happening in your state and that you are the person entitled to inherit a particular asset--a bank account, for example.
When you are trying to determine whether or not an estate's value is below the Georgia small estates limit, the first thing to do is make a list of the assets. A simple spreadsheet or list will do.
Not everything a person owns counts, though.
Include only the things that pass to heirs and beneficiaries by will or, if there's no will, by Georgia intestacy laws, which determine who inherits if there is no will.
These assets don't count towards the small estate limit because they pass to the named beneficiaries regardless of what a will (or state intestacy law) says. If a person had a life insurance policy with a named beneficiary, the insurance proceeds won't count either.
Some states also don't count the amount of money owed on a car, or a house, while others count the fair market value of an asset, even it is subject to a loan or a mortgage.
For example, say Donald died in Georgia and owned the following assets:
To figure out whether Donald is above or below Georgia's small estate limit, only the bank accounts and car would be counted, for a total of $11,412.
His IRA and the life insurance proceeds aren't counted towards the limit because they will go to his beneficiaries directly. The value of the car is included because he doesn't owe money on it.
That means the value of Donald's estate is under the Georgia small estates limit. His son and daughter, who inherit his assets under Georgia's intestacy laws because Donald had no will, would follow the small estates procedure.
Georgia offers options for more expedited probate procedures. The processes are commonly known as "Year's Support", "Small Estate Affidavit", and "Petition to Enter Safe Deposit Box". Remember to consult with a probate attorney for the most up-to-date legal advice.
This process avoids the need for a full probate process, which can involve court hearings and extensive paperwork. This procedure is outlined in Georgia Code § 53-3-1.
This process bypasses the need for a full probate procedure, saving both time and money. This is governed by Georgia Code § 7-1-239. (see eForms document for this process)
This is a special expedited procedure that allows access to important documents without going through the full probate process. This is outlined in Georgia Code § 7-1-145.
