Q: My mother recently died in Fannin co. Ga. No will. No spouse. I'm her only child (60yrs old). She left a checking acct.
Her account has $4,000.00 in it. Can I access the account without going through probate?
A:
A Georgia statute (O.C.G.A. Section 7-1-239) provides that if a person having a deposit of not more than $10,000 in a financial institution dies without a will, the financial institution is authorized to pay the proceeds of the deposit directly to the following persons: (1) the surviving spouse; (2) if no surviving spouse, to the children pro rata. If your mother was unmarried and you are the only child, this statute would permit the financial institution to pay the proceeds to you.
The above answer is intended to provide general information only and does not establish an attorney client relationship.
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