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Affidavit for payment of a deceased intestate depositor's …Verified against the statute July 29, 2026

Georgia Small Estate Affidavit

Georgia lets the next of kin collect a deceased person’s property without opening probate when the estate is worth $15,000 or less. Here is exactly how it works, and how to use it.

Check if you qualifyHow to use it

Georgia at a glance

Estate value limit
$15,000
Gross value
Wait after death
None
The affidavit can be used immediately
File with a court?
No
Present it directly to the bank or agency
Covers real property?
No
Real property needs the court
Notary required?
Yes
Sign in front of a notary
Who can sign
O
Per the statute

Is your estate under the $15,000 limit?

Enter a rough total of what they owned in their own name alone. Leave out jointly-held accounts and anything with a named beneficiary. Those don’t count.

Nothing you type here is saved or sent anywhere.

The $15,000 limit, and what actually counts

Per-institution deposit cap, not an aggregate gross-estate cap. O.C.G.A. § 7-1-239(b): the decedent must have died intestate "having a deposit of not more than $15,000.00 in a financial institution." Separately, O.C.G.A. § 7-1-239.1(a) applies where a check or other instrument payable to the decedent "does not exceed $15,000.00." The statute measures the deposit at the paying institution / the face amount of the instrument: it does not aggregate the whole estate, does not net out debts or liens, and does not exclude exempt property. An estate can therefore be far larger than $15,000 overall and still use § 7-1-239 for a qualifying account, but a single account over $15,000 is entirely outside the statute (there is no partial-payment mechanism for the first $15,000 of a larger account).

What doesn't count toward the limit

This is where most people wrongly rule themselves out. In Georgia, these are left out of the calculation:

  • Statutory exempt property and family allowances
  • Liens and encumbrances on estate property

Who can sign the affidavit

O.C.G.A. § 7-1-239(b) and § 7-1-239.1(a) set a closed, strict priority list, the affidavit may be signed only by a person in the highest surviving class: (1) the surviving spouse; (2) if no surviving spouse, the children pro rata; (3) if no children and no surviving spouse, the father and mother pro rata; (4) if none of the above, the brothers and sisters of the decedent pro rata. The affiant must swear (a) that he/she qualifies as the proper relation to the decedent as specified in the statute, (b) that there is no known will of the decedent, and (c) that there are no other known corresponding claimants to the deposit/funds. Notarized (sworn before an officer authorized to administer oaths). Separately, under § 7-1-239(c)-(e), if no person in the priority list applies within 45 days of death, the provider of funeral services or last-illness services may sign the statutory affidavit form in subsection (e) and be paid up to $15,000 on itemized statements. For the § 53-2-40 no-administration petition, any heir may petition, but every heir at law must sign the division agreement, sworn before a notary public or the clerk of any Georgia probate court.

Intestate only, for every Georgia shortcut discussed here. § 7-1-239(b) and § 7-1-239.1(a) both begin 'whenever any person dies intestate,' and the affidavit must affirmatively state 'there is no known will of the decedent.' Gpcsf 9 instruction 1: the § 53-2-40 form 'should only be used when the decedent died intestate (without a Will),' and paragraph 2 of the petition recites 'The above-named decedent died without a valid last will and testament.' There is no 'file the will first, then use the affidavit' path, if a will exists, the will must be probated (in solemn or common form) and no small-estate affidavit is available. This is a common and costly user error: a signed will found after the bank has paid on a § 7-1-239 affidavit exposes the affiant to a claim from the executor/beneficiaries.

The affidavit must be signed in front of a notary. Most banks and UPS Stores have a notary; many charge under $15.

Can it transfer a house or land in Georgia?

Real property cannot pass under the § 7-1-239 or § 7-1-239.1 affidavit. Those sections reach only deposits at a financial institution and instruments drawn on one. Georgia has no companion small-value real-property affidavit analogous to Cal. Prob. Code § 13200 and no separate real-property dollar threshold. Options for realty: (1) Petition for Order Declaring No Administration Necessary, O.C.G.A. § 53-2-40: GPCSF 9 paragraph 6 has an express field for 'the following described real property in this State [insert complete legal description and street address]', and § 53-2-40(d) requires the court to file a certified copy of the order within 30 days in each county where the decedent owned property, recorded in the deed records under the decedent's name in the grantor index, stating the date, the decedent's name and address, each party's property interest acquired, and the names/addresses of all parties taking title. Gpcsf 9 instruction 6 warns the legal description in the heirs' agreement 'must sufficiently identify the property in order to pass good title.' No dollar cap. Intestate only. (2) Year's Support, O.C.G.A. § 53-3-1 et seq., a surviving spouse and/or minor children may petition to have property (including realty, with a legal description 'sufficient under the laws of this state to pass title') set apart; petition must be filed within 24 months of death (§ 53-3-5); title vests in the spouse/minor children and it takes priority over most creditor claims. (3) Transfer-on-Death Deed, O.C.G.A. Ch. 44-17, effective July 1, 2024, only if the decedent recorded one before death; the beneficiary must record an acceptance affidavit within nine months of death or the interest reverts to the estate. (4) Registered (Torrens) land: declaration of title by descent, O.C.G.A. § 44-2-131. Note also that under Georgia law title to an intestate decedent's realty vests in the heirs at law at the moment of death subject to divestment by an administration or year's support, an heirship affidavit merely documents that, it does not create it.

Affidavit of heirship in Georgia

Liability-critical distinction. Georgia recognizes a recordable heirship/descent affidavit, but it is evidentiary only: it does not transfer, convey, or vest title, and it is not a Texas-style affidavit of heirship substitute for probate. Authority: O.C.G.A. § 44-2-20. Subsection (a) provides that recorded affidavits 'shall be notice of the facts therein recited,' whether or not taken at the time of a conveyance, where the affidavit shows such matters as the relationship of parties to conveyances of land, the relationship of parties with other parties in the chain of title, ages of persons connected with the chain of title, actual possession of land, the payment of debts of an unadministered estate, the fact or date of death of persons connected with the title, identity of persons where names differ in the records, ownership or adverse possession facts, and any other circumstance affecting title, rights, or liens. 'Any such affidavits may be made by any person, whether connected with the chain of title or not.' Subsection (b) (formerly the evidentiary/rebuttable-presumption provision making such affidavits admissible in litigation over lands with a rebuttable presumption of truth) is now shown as reserved in the current code; subsection (c) requires filing with the clerk of superior court, who records it in the deed records and indexes it as a conveyance. Nothing in § 44-2-20 conveys an interest. The reason an heirship affidavit 'works' in a Georgia title chain is separate: title to an intestate decedent's real property vests in the heirs at law at the instant of death (subject to divestment by appointment of an administrator or by year's support), so the affidavit merely evidences who those heirs are. Product copy must never describe it as transferring title. Execution: an affidavit under Georgia recording practice is sworn before a notary and, for recording as an instrument affecting realty, is customarily attested by an unofficial witness in addition to the notary, confirm with the receiving clerk of superior court. Title insurers commonly will not insure on an heirship affidavit alone and will require a § 53-2-40 order, a year's support judgment, a full administration, or the running of the period for administration. Georgia also has a true judicial route: a petition to determine heirs in the probate court (Title 53, Chapter 2), which produces an adjudication rather than mere evidence, and § 44-2-131 declaration of title by descent for registered (Torrens) land.

How to use a small estate affidavit in Georgia

  1. 1

    Confirm you're under the limit and past the wait

    Add up the property that passes through the estate and check it against the $15,000 ceiling. Per-institution deposit cap, not an aggregate gross-estate cap. O.C.G.A. § 7-1-239(b): the decedent must have died intestate "having a deposit of not more than $15,000.00 in a financial institution." Separately, O.C.G.A. § 7-1-239.1(a) applies where a check or other instrument payable to the decedent "does not exceed $15,000.00." The statute measures the deposit at the paying institution / the face amount of the instrument: it does not aggregate the whole estate, does not net out debts or liens, and does not exclude exempt property. An estate can therefore be far larger than $15,000 overall and still use § 7-1-239 for a qualifying account, but a single account over $15,000 is entirely outside the statute (there is no partial-payment mechanism for the first $15,000 of a larger account).

  2. 2

    Gather the documents

    You'll need certified copies of the death certificate: order at least three, since institutions often keep one: plus account numbers, the vehicle title or VIN, and the names and addresses of every heir.

  3. 3

    Complete the affidavit

    Fill in Affidavit for payment of a deceased intestate depositor's funds, O.C.G.A. § 7-1-239 (bank/credit union deposits), and the companion affidavit for redemption of checks or instruments payable to a deceased intestate person, O.C.G.A. § 7-1-239.1. Critical scope limit: Georgia has no general small estate affidavit in Title 53 covering all personal property. The § 7-1-239 affidavit reaches only deposits held at a financial institution and negotiable instruments drawn on a financial institution. For everything else (and for real property), the Georgia substitute is a court proceeding: Petition for Order Declaring No Administration Necessary, O.C.G.A. § 53-2-40 et seq. (Georgia Probate Court Standard Form GPCSF 9), which has no dollar cap but requires unanimous notarized heir consent and a court order. Year's Support (O.C.G.A. § 53-3-1 et seq.) is a third, separate route for a surviving spouse/minor children., listing the decedent, the heirs and their relationships, the assets and their values, and the known debts.

  4. 4

    Sign it in front of a notary

    Sign in front of a notary public. Banks, credit unions and shipping stores all offer notarization, usually for a small fee.

  5. 5

    Present it to whoever holds the property

    Banks/credit unions: § 7-1-239(b) says the institution 'shall be authorized to pay': this is permissive authority, not a mandate, and there is no penalty, deadline, or private right of action against a bank that refuses. Many Georgia institutions decline and demand Letters of Administration or a § 53-2-40 order; set user expectations accordingly. 'Financial institution' is defined broadly in § 7-1-239(a)(2) as any federally chartered or state chartered financial institution, including those chartered by states other than Georgia whose deposits are federally insured. Safe harbor: § 7-1-239(d): payment 'shall operate as a complete acquittal and discharge to the financial institution from liability from any suit, claim, or demand of whatever nature by any heir, distributee, creditor of the decedent, or any other person,' and 'the financial institution may rely on a properly executed affidavit in disbursing the funds.' Identical protection in § 7-1-239.1(c) and (e), which adds that payment is authorized 'without the necessity of administration of the estate of the decedent and without the necessity of obtaining an order that no administration is necessary.' Co-payee rule: a check payable to more than one person may be redeemed only if endorsed by each payee other than the decedent (§ 7-1-239.1(b)). Both sections yield to Article 8 of Title 7 Chapter 1 (multiple-party/POD/joint accounts), which controls where it applies. Employers: Georgia has no statute compelling an employer to release final wages on a small-estate affidavit; § 7-1-239.1 helps only if the wages come as a check drawn on a financial institution and are $15,000 or less. DOR/tag offices: accept the notarized Form T-20 (or, for a sole heir, a copy of the no-administration order) with Form MV-1, the original title, and a death certificate; the T-20 has no statutory safe-harbor clause comparable to § 7-1-239(d).

Where to take the signed affidavit

The bank

Banks/credit unions: § 7-1-239(b) says the institution 'shall be authorized to pay': this is permissive authority, not a mandate, and there is no penalty, deadline, or private right of action against a bank that refuses. Many Georgia institutions decline and demand Letters of Administration or a § 53-2-40 order; set user expectations accordingly. 'Financial institution' is defined broadly in § 7-1-239(a)(2) as any federally chartered or state chartered financial institution, including those chartered by states other than Georgia whose deposits are federally insured. Safe harbor: § 7-1-239(d): payment 'shall operate as a complete acquittal and discharge to the financial institution from liability from any suit, claim, or demand of whatever nature by any heir, distributee, creditor of the decedent, or any other person,' and 'the financial institution may rely on a properly executed affidavit in disbursing the funds.' Identical protection in § 7-1-239.1(c) and (e), which adds that payment is authorized 'without the necessity of administration of the estate of the decedent and without the necessity of obtaining an order that no administration is necessary.' Co-payee rule: a check payable to more than one person may be redeemed only if endorsed by each payee other than the decedent (§ 7-1-239.1(b)). Both sections yield to Article 8 of Title 7 Chapter 1 (multiple-party/POD/joint accounts), which controls where it applies. Employers: Georgia has no statute compelling an employer to release final wages on a small-estate affidavit; § 7-1-239.1 helps only if the wages come as a check drawn on a financial institution and are $15,000 or less. DOR/tag offices: accept the notarized Form T-20 (or, for a sole heir, a copy of the no-administration order) with Form MV-1, the original title, and a death certificate; the T-20 has no statutory safe-harbor clause comparable to § 7-1-239(d).

The DMV

Agency: Georgia Department of Revenue, Motor Vehicle Division (title work is submitted through the County Tag Office). Form: T-20, 'Affidavit of Inheritance' (Rev. 06-2005). No dollar threshold, the T-20 is not value-limited and is independent of the $15,000 banking cap. The affiant swears that the deceased left no will, that no application for administration of the estate is to be had, that the estate is not indebted, and that the surviving spouse and heirs have amicably agreed upon a division of the estate such that title may issue to the named person. Must be notarized; must be typed or legibly hand-printed in blue or black ink with no alterations. Submitted together with Form MV-1 Title/Tag Application, the original Georgia title (or the out-of-state title), and a copy of the death certificate. Per DOR guidance, where there is only one heir, a legible copy of a probate court 'Order Declaring No Administration Necessary' may be submitted in lieu of the T-20. If the estate is being administered, the personal representative transfers using Letters Testamentary/of Administration instead. See https://dor.georgia.gov/vehicle-inherited-or-purchased-estate. Practical note: because the T-20 requires an oath that the estate is not indebted, it should not be used where the decedent had unpaid debts.

The employer

Final wages and accrued leave can usually be claimed with the same affidavit. Ask their payroll department what they need, most have a standard process.

Debts and your personal liability

§ 7-1-239 / § 7-1-239.1: the statute imposes no duty on the affiant to list, notify, or pay creditors, and no bond or inventory. But payment does not extinguish claims. The discharge in § 7-1-239(d) and § 7-1-239.1(c) protects only the financial institution: it says payment 'shall operate as a complete acquittal and discharge to the financial institution from liability from any suit, claim, or demand of whatever nature by any heir, distributee, creditor of the decedent, or any other person.' The recipient takes the money subject to the decedent's debts and to the claims of other heirs, and can be sued by a later-appointed personal representative, by an omitted heir of the same class, or by a creditor. The affiant also faces perjury exposure for a false oath that there is no will or no corresponding claimant. If no family member applies within 45 days, funeral-service and last-illness providers get a statutory priority claim to up to $15,000 of the deposit, paid in the order received after death (§ 7-1-239(c), (e)), so unpaid funeral bills are effectively a superior claim on the account after day 45. § 53-2-40: the petition must show that the estate owes no debts or that all creditors have consented (§ 53-2-40(b)); per SSA poms GN 02315.047, once the order issues the payor is not liable to creditors, and creditors instead pursue the heirs directly. DOR Form T-20 requires an express oath that 'the estate is not indebted.' Year's Support (§ 53-3-1 et seq.) is the opposite posture. It is a preference that takes property ahead of most unsecured creditors.

When you can’t use it

Georgia takes the affidavit route off the table when:

  • Decedent left a will. § 7-1-239 and § 7-1-239.1 apply only where the person 'dies intestate,' and the affidavit must state there is no known will. § 53-2-40 is likewise intestate-only (Gpcsf 9 instruction 1). A testate estate must probate the will. There is no Georgia small-estate shortcut for testate decedents.
  • Deposit exceeds $15,000.00, or the check/instrument exceeds $15,000.00. There is no partial or first-$15,000 draw-down; the account falls entirely outside the statute.
  • A corresponding claimant is known, or claimants of the same class disagree, the affiant cannot truthfully swear there are 'no other known corresponding claimants.'
  • The claimant is not in the statutory class. Grandchildren, nieces/nephews, more remote heirs, unmarried partners, named non-relative beneficiaries, creditors (other than funeral/last-illness providers after 45 days), and personal representatives are not authorized payees under § 7-1-239.
  • Real property is involved, the affidavit reaches only deposits and instruments, never realty.
  • Assets are not at a financial institution: brokerage/securities accounts, employer final wages paid other than by a check drawn on the paying bank, life insurance, retirement plans, personal effects, and vehicles are outside § 7-1-239/§ 7-1-239.1.
  • The account is a multiple-party, joint, POD or trust account governed by Article 8 of Title 7 Chapter 1. § 7-1-239(b) and (c) are expressly subject to 'Article 8 of this chapter,' which controls and pays the surviving party/beneficiary instead.
  • A check payable to more than one payee has not been endorsed by every non-decedent payee (§ 7-1-239.1(b)).
  • A personal representative has already been appointed, or the institution has been served with a probate proceeding, the affidavit route is superseded.
  • For § 53-2-40 (no administration necessary): the estate owes debts and the creditors have not consented; any heir refuses to sign the division agreement; a personal representative has already been appointed in Georgia; or an heir is a minor/incapacitated and no guardian ad litem is appointed (O.C.G.A. § 53-11-2).
  • Banks are not compelled to pay. § 7-1-239(b) says the institution 'shall be authorized' to pay. It is permissive, so an institution may refuse and demand Letters of Administration or a § 53-2-40 order.

If any of those apply, a probate attorney is the right call. A typical small-estate proceeding runs $1,000–$3,000 plus the court’s fee.

Georgia small estate affidavit FAQ

Statute and sources

Last verified July 29, 2026. (1) Ga. L. 2019, effective July 1, 2019, substituted '$15,000.00' for '$10,000.00' in O.C.G.A. § 7-1-239(b) and (c); § 7-1-239.1 carries the same $15,000.00 figure. This is the last substantive change to the dollar threshold, and it predates the 3-year window. Any source still citing $10,000 (including SSA poms GN 02315.047, last updated 04/13/2015) is stale. (2) GPCSF 9 form revision effective July 2021 (current version reviewed). (3) July 1, 2024. Georgia Transfer-on-Death Deed Act, O.C.G.A. Ch. 44-17 (§§ 44-17-1 to 44-17-7); the TOD-deed language originally in HB 1247 was moved into SB 420, signed by Gov. Kemp, effective July 1, 2024. First-ever Georgia TOD deed for real estate; the record owner remains legal and equitable owner until death, the beneficiary has no vested interest until death, and the beneficiary must execute and record an acceptance affidavit (verifying the owner's death and marital status) within nine months of death or the interest reverts to the estate. This is now the most important probate-avoidance tool for Georgia real property and should be surfaced in product copy. (4) 2025 session, all effective July 1, 2025: HB 15 (annual Title 7 banking update), HB 240 (mortgage trigger leads), HB 586 (intangible recording tax). Reviewed; none amends Part 12 / § 7-1-239 / § 7-1-239.1. (5) 2025-2026 session: HB 899 is reported to modify the transfer-on-death deed statutes (revocation and limitations), with a secondary source referencing an April 22, 2026 amendment date. Status and effective date not independently verified; it does not affect § 7-1-239. (6) no change to the $15,000.00 figure, the 45-day provider rule, or § 53-2-40 was found through July 2026.

  • O.C.G.A. § 7-1-239 (definitions; payment of deposits of deceased intestate depositors; affidavit; statutory provider affidavit form)
  • O.C.G.A. § 7-1-239(b) (the $15,000.00 deposit cap and the priority list of payees)
  • O.C.G.A. § 7-1-239(c) (45-day rule for funeral / last-illness providers)
  • O.C.G.A. § 7-1-239(d) (complete acquittal and discharge of the financial institution; reliance on a properly executed affidavit)
  • O.C.G.A. § 7-1-239(e) (statutory affidavit form for the provider of funeral / last-illness services)
  • O.C.G.A. § 7-1-239.1(a)-(e) (checks or instruments payable to a deceased intestate person, $15,000.00 cap, endorsement by co-payees, discharge, affidavit contents)
  • O.C.G.A. § 53-2-40 (petition for order declaring no administration necessary; intestate only; unanimous heir agreement; 30-day recording of order where realty lies)
  • O.C.G.A. § 53-2-41, § 53-2-42 (companion provisions of the no-administration article)
  • O.C.G.A. § 53-11-2, § 53-11-6 (guardian ad litem for non-sui-juris parties; acknowledgment of service, applied by GPCSF 9)
  • O.C.G.A. § 53-2-1 (heirs at law / intestate succession, used to identify required consenting heirs)
  • O.C.G.A. § 44-2-20 (recorded affidavits relating to land are notice and evidence of recited facts; heirship, relationship, date of death, payment of debts of an unadministered estate)
  • O.C.G.A. § 53-3-1 et seq. (Year's Support; § 53-3-5 filing of petition, 24-month deadline)
  • O.C.G.A. § 44-17-1 et seq. (Georgia Transfer-on-Death Deed Act, effective July 1, 2024)
  • O.C.G.A. § 44-2-131 (declaration of title by descent. Torrens/registered land only)

What we're less sure about

  • The most authoritative verbatim texts of §§ 7-1-239 and 7-1-239.1 obtained were (a) a Cobb County Probate Court form dated 2020 reproducing the sections in full and (b) FindLaw's code, stated current through March 28, 2024. Justia (law.justia.com) and ga.elaws.us returned HTTP 403 / 503 and could not be read, and the official LexisNexis-hosted O.C.G.A. is not machine-fetchable. The $15,000 figure and the 45-day rule should be re-verified against the current official O.C.G.A. before production release, and re-checked after each Georgia legislative session (sine die is typically late March/early April).
  • FindLaw's editorial summary of § 7-1-239 stated that the institution's liability discharge is lost after the institution receives written notice by certified mail or is served with a probate proceeding. That qualifier does NOT appear in the verbatim text of § 7-1-239(d) or § 7-1-239.1(c) that was read. It may come from Article 8 of Title 7 Chapter 1 (multiple-party accounts) or be a FindLaw conflation. Do not state it as a rule without verifying against the official code.
  • Article 8 of Title 7, Chapter 1 (multiple-party / POD / joint accounts) is expressly carved out of § 7-1-239(b) and (c) but its text was not read in this pass. The interaction between a POD designation and the § 7-1-239 affidavit needs separate verification.
  • The precise Georgia code sections and GPCSF form number for a probate-court 'petition to determine heirs' (Title 53, Chapter 2) were not independently confirmed; the article range and form number should be verified before publishing.
  • O.C.G.A. § 53-2-7 (immediate vesting of an intestate decedent's title in the heirs at law, subject to divestment) was relied on as background for the heirship-affidavit analysis but its text was not directly fetched in this pass.
  • Recording formalities for an heirship/descent affidavit under § 44-2-20, specifically whether an unofficial attesting witness is required in addition to the notary, and the current status of former subsection (b) providing the rebuttable presumption of truth, should be confirmed with the current official code and with a Georgia clerk of superior court.
  • Probate court filing fees for GPCSF 9 are set county-by-county and were not collected; no fee figure should be hard-coded.
  • Georgia HB 899 (2025-2026 session, transfer-on-death deeds): passage status, final content, and effective date are unverified; gafasttrack.com was unreachable.
  • Whether individual Georgia banks in practice honor the § 7-1-239 affidavit is highly institution-dependent; because the statute is permissive ('shall be authorized'), any product promise that a bank will pay would be inaccurate.

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