Claim Against Estate Document Format In Georgia
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FAQ
Georgia has one simplified probate process, called a "petition for order declaring no administration necessary." However, it's available only to estates where the deceased person died intestate—meaning they didn't leave behind a will. (Ga. Code § 53-2-40 (2024).)
For solemn form probate, every possible heir who could have received estate property if there were no will must be notified and given an official copy of the will. On the other hand, common form probate eliminates this heir communication requirement, though heirs are allowed to ask for a copy of the will.
To make a claim in an estate, the creditor must go through the court system. The creditor first files a Statement of Claim in the probate matter for the decedent, or the person who died.
The Affidavit of Small Estate is a legal document that can be used to collect, transfer, and distribute financial assets of a deceased person's estate when there is no Will and when the total deposit is not more than $15,000.00.
Georgia is one of a few that allows heirs to forego the probate process, with no estate dollar value limitation, as long as: there are no outstanding debts. all heirs agree with the distribution plan. there is no last will and testament.
Creditors in Georgia have three months from the date the notice is published to file their claims (O.C.G.A. § 53-7-41). If creditors fail to meet this deadline, they generally lose their right to collect the debt from the estate. Executors are not required to take action on claims filed after the deadline.
Completing the Affidavit Form You should use the form from the Georgia Secretary of State's website or your local probate court. You will fill out the decedent's information, assets, and heirs' names. All heirs must sign to show consent. File the completed form in the local probate court for filing.
Understanding the Deceased Estate 3-Year Rule The core premise of the 3-year rule is that if the deceased's estate is not claimed or administered within three years of their death, the state or governing body may step in and take control of the distribution and management of the assets.
Filing a claim against an estate is a fairly simple process: In the claim, you'll state under oath that the debt is owed and provide details on the amount of the debt and any payments the decedent made. If you have written documentation, you can attach it to your claim.
