Atlanta, GA asked in Estate Planning and Probate for Georgia

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?

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1 Lawyer Answer
Robert W. Hughes Jr.
Robert W. Hughes Jr.
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Answered
  • Estate Planning Lawyer
  • Lawrenceville, GA
  • Licensed in Georgia

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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