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    How Does a Small Estate Affidavit Work in Georgia?

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    What is a small estate affidavit?

    Can you use one instead of probate in Georgia?

    How does it work?

    My name is Erik Broel & I am the founder & CEO of Georgia Probate Law Group.

    At our firm we help families who have lost a loved one navigate the complex and confusing legal process so they can make sure the estate is handled properly and their loved one’s memory is honored.

    The Small Estate Affidavit

    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.

    Options for an Estate in Georgia

    We do, however, have a shortened probate proceeding called No Administration Necessary that can be used for very simple estates where there is no Will and all parties involved will sign off on it.

    When I say all parties, I mean all heirs and all creditors.

    To utilize this process, you will need to prepare a Petition for No Administration Necessary and a settlement agreement outlining who will receive what from the Estate.

    Since it is often very difficult, if not impossible, to get creditors to agree to these documents, we find that No Administration Necessary is not appropriate if there are any creditors of the Estate.

    It is normally much simpler to go through the regular probate process.

    If the estate has few assets, no creditors, and all family members are in agreement, then No Administration Necessary can be a good tool to use.

    Related Topic:  When can the Estate pay attorney's fees?

    Next Steps:

    Everything discussed in this article is for general information and is not legal advice.

    If you are in a situation where you’re trying to settle an estate, I recommend you reach out to our office at (770) 920-6030 to set up a consultation with one of our probate lawyers.

    If you’re not quite ready for a consultation, be sure to download our Georgia Probate Handbook so you know how the estate is supposed to be handled.

     

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