The Georgia Small Estate Affidavit is used by an individual (known as the heir/claimant) to pursue the assets of the decedent (the legal term used to represent an individual who has passed away). Also known by the names, “Petition For Order Declaring No Administration is Necessary” and Form GPCSF 9, the document may only be used by an heir or claimant if the decedent died intestate, that is, without leaving a will. Unlike the majority of states, Georgia does not have a set dollar amount for the maximum value of an estate that the document can be used for, with the exception of bank accounts, which cannot have more than $10,000 in total savings.
Maximum Estate Value: $10,000 for bank accounts. Everything else: No maximum value.
Required Conditions: In accordance with state law, the claim for the estate by an affidavit must be made within ninety (90) days from the date the Decedent passed away. Failure to do so in this time frame will result in the decedent’s financial institution transferring their funds elsewhere, such as to pay for funeral expenses. As stated above, in order to use this form, it is also a requirement that the decedent did not leave a will.
In terms of the contents of the Affidavit, it must state that the heir or claimant qualifies as “the proper relation to the decedent”, in accordance with § 7-1-239. It must also state that the heir/claimant is unaware of any other individuals pursuing a claim to the deposit.