Estate planning considerations unique to Georgia
Every state has its own estate and probate procedures. Here are some regulations to be aware of in Georgia:
Year’s support
Unlike other states, Georgia offers residents a provision called “year’s support.” This is a petition a surviving spouse and minor children may file with the probate court to grant them financial support from the estate for one year following the death. This can take precedence over creditors’ claims against the estate.
Affidavit for disbursement
Georgia allows for a simplified process for heirs of a deceased person to claim money from the deceased if the deceased died intestate (without a will), the only asset the deceased has is money deposited in a bank or other financial institution, and the amount is not more than $15,000. If the required criteria are met, heirs may be able to claim these assets by completing an affidavit for the financial institution without having to go through probate.
No Administration Necessary
Georgia has a simplified probate process, called a “petition for order declaring no administration necessary,” which is available for the estates of individuals who died intestate (without a will). If no personal representative is appointed, the estate owes no debts, and all heirs have agreed on how to divide the property, then they can file a petition to request the simplified probate process. If granted, this process can save some of the time, money, and hassle associated with regular probate proceedings.
No estate or inheritance tax
Georgia does not impose a state estate tax or an inheritance tax.
Bond requirement
Unless explicitly waived by a will or all heirs agree to waive it, a bond to protect an estate’s assets is typically required in Georgia. The bond must be posted by the estate’s executor or administrator.
Intestate succession in Georgia