Q: I am an only child.Dad's estate is approx.$25,000.No other heirs.He died intestate.Can I file Small Estate affidavit?
Dad died here at my home in Cherokee County. He has a 2007 Nissan truck in my driveway and he has 2 bank accts with about $8000 in each. That is all! No other possible heirs! No debts, no creditors! Do I have to file for Letters of Administration or can I file Small Estate?
A: You may file a Petition with the court to dispense with administration. The judge will determine if there are other heirs or creditors by advertising in the county of residence or where property is located.
A: Georgia does not have a small estate affidavit. However, you can go to each bank and the bank is required to give to the heirs all sums under $10,000 in the bank. This is in accordance with O.C.G.A. 7-1-239. You will need a death certificate and you will need to sign an affidavit the bank will give you. As for the car, you can go to the local tag office with a death certificate and the original title to the car. You can ask to sign an affidavit stating that your father died without a will and no estate is open and you are his only heir. The tag office will transfer the car into your name.
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