Pooler, GA asked in Estate Planning for Georgia

Q: Can you use small estate affidavit after filing for letters of administration of estate in GA

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3 Lawyer Answers
Robert W. Hughes Jr.
Robert W. Hughes Jr.
PREMIUM
Answered
  • Estate Planning Lawyer
  • Lawrenceville, GA
  • Licensed in Georgia

A: This question should be posted to the probate area of law. That said, there is no small estate affidavit in Georgia. If you have been granted Letters of Administration, you should be able to transfer all assets with your Letters.

Jammie Taire agrees with this answer

Jammie Taire
Jammie Taire
PREMIUM
Answered
  • Estate Planning Lawyer
  • Lawrenceville, GA
  • Licensed in Georgia

A: Attorney Hughes is absolutely correct. Although there is no "small estate affidavit" in Georgia, pursuant to the Georgia code, GA Code § 7-1-239 (2018), i"whenever any person dies intestate having a deposit of not more than $10,000.00 in a financial institution, such financial institution shall be authorized to pay the proceeds of such deposit directly to the following persons:

(1) To the surviving spouse;

(2) If no surviving spouse, to the children pro rata;

(3) If no children or surviving spouse, to the father and mother pro rata; or

(4) If none of the above, then to the brothers and sisters of the decedent pro rata.. . ."

LOOK AT THE COMPLETE STATUTE FOR MORE DETAIL

This is many times what people in Georgia are referring to when they refer to a "small estate affidavit". If this question involves an account, you should review the complete statute and contact the applicable bank to see if they have a form that they use in these cases.

Sharon M. Siegel
Sharon M. Siegel
Answered
  • Estate Planning Lawyer
  • New York, NY

A: If your primary letters of Administration were in GA, I presume that was where the Decedent was domiciled. New York will allow you to use a small affidavit for a non-domiciliary as an ancillary proceeding to the one you have in GA. You cannot have two main administration proceedings. The domicile of the Decedent governs where you file your main administration. As a side, if the Decedent died in GA but all assets are in New York, you can file a non-domiciliary administration. Hope that this helps.

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