Do I qualify for a small estate affidavit in Georgia?


April 23, 2025 12 3

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I want to obtain a small estate affidavit.

I understand you're looking to obtain a small estate affidavit. Have you already determined if the estate qualifies for this type of affidavit?

No.

Are you facing any specific challenges or legal requirements in the process of obtaining the small estate affidavit?

It's for a retirement plan.

Is there anything else the estate lawyer should know before I connect you? Rest assured they'll be able to help with your retirement plan.

That's all… I need this ASAP. 

StephenH129

Hello! Thanks for using AskaLawyer. My name is Stephen, and I am an attorney ready to answer your questions with top-quality service.

What state did they pass in?
Is there a named beneficiary?
How much is the value?

Georgia.
$26,000.
No named beneficiary.

StephenH129

You cannot use the small estate affidavit because you are over the $15,000 limit (GA Code § 7-1-239(2)). You need to open full probate in the county where the decedent resided or owned property.

Dang. That is going to cost too much money that I don't have right now.

StephenH129

Sorry. You can try this on your own by visiting the Georgia Supreme Court's website for probate court forms. This isn’t going to be all of them, but it’s a good start. First, you must apply to be executor, then serve notice on all interested parties. Once appointed, you can liquidate the retirement.