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An Affidavit of Next of Kin is filed setting forth that the affiant is the next of kin of the intestate, and that the aggregate value of the intestate's estate will not exceed $ 20,000.
Under the Official Code of Georgia (OCGA) 9-14-48, affidavits are documents that contain statements that are sworn to be true. The person who gives the affidavit, known as the ?affiant,? takes an oath that the statements are accurate before signing.
The affidavit must be notarized and the notary public must complete all information in Part 4 of the affidavit. If this affidavit is not submitted to document legal name discrepancies in signatures and title assignments, new documents and/or signatures without discrepancies must be obtained.
Affidavit and the Indian Evidence Act: Affidavit is not evidence under the India Evidence Act. If a Fact is allowed to be proved by affidavit by C.P.C, Cr. PC or any other law, it can be proved by affidavit notwithstanding the provision of the Indian Evidence Act vide 1955 Cr. L.J.
An Affidavit of Surviving Spouse can be issued to the surviving spouse if the decedent did not have a Will and the real and personal assets of the decedent do not exceed $50,000.00. IF THERE IS A WILL, THE WILL MUST BE PROBATED.