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The Georgia small estate affidavit, also known as the 'petition for order declaring no administration necessary', may be used by the heirs of a person who died without a will which is known as intestate. This can only be filed if there has not already been someone appointed to administer the estate.
Fill in the county in which the form is being filed, which should be the county where the decedent lived. Fill in the decedent's name for "Estate of." If there is an estate number already issued, fill it in. Fill in your name and address after "The Petition of."
Sole surviving child, or, if more than one, the majority of the surviving children. Surviving parent or parents. Surviving brother or sister, or majority of the surviving siblings. Surviving grandparent of the decedent, or the majority of the surviving grandparents.
A small estate affidavit is a process used in some states to allow an estate to bypass the probate process. It is typically used when the estate has little to no assets, and few if any debts. Unfortunately, we do not have a small estate affidavit in Georgia. As a result, this is not a process we can use.
An heir-at-law is anyone who's entitled to inherit from someone who dies without leaving a last will and testament or other estate plans.
The actual statute may be found in the Official Code of Georgia Annotated (OCGA), Section 53-2-1. The heirs are: The spouse is the heir if there are no children (and no children who died before the decedent leaving living children of their own or descendants of living children).
A small estate affidavit is a sworn written statement that authorizes someone to claim a decedent's assets outside of the formal probate process.
Maximum $100,000. Laws Section 11.62.010. Step 1 Write in your name at the top (successor's name) Step 2 Write in the state and county. Step 3 Write in your name again. Step 4 Write in the name of the decedent in Section 1 as well as decedent's SSN. Step 5 Write in your name and address.
An heir is a person who is legally entitled to collect an inheritance, when a deceased person did not formalize a last will and testament. Generally speaking, heirs who inherit the property are children, descendants or other close relatives of the decedent.