Letter asking for the balance on the date of death in Georgia

A short letter that asks a bank or other holder for the value of the person's accounts on the date of death. Banks usually want this before the estate is settled.

Required when you mail the letter.

It goes into the letter only. It is never saved or sent to us.

It goes into the letter as you type it. You can add a ready-made sentence:

Other formats

Do not send original documents unless the holder asks; keep copies. Sign the letter and keep a copy.

What to expect

A bank may ask for a certified death certificate and proof that you are allowed to ask. The bank decides what it will release and when.

Bank accounts after a death in Georgia

Survivorship and payable-on-death accounts pass to the survivor or beneficiary. If the person left no will and had $15,000 or less on deposit, the bank may pay it to the surviving spouse, or if none the children, then the parents, then the brothers and sisters, on a sworn affidavit. If no family member applies within 45 days, the bank may use up to $15,000 to pay funeral and last-illness bills. Larger accounts need an order declaring no administration necessary, a year's support order, or letters of administration.

Law: O.C.G.A. sec. 7-1-239

Source: Official page

Do bank accounts count toward the small estate limit?

Kind of propertyHow it is treatedDetails
Bank accounts in the person's name alone
Own procedure, up to $15,000

A bank deposit in the person's name alone of $15,000 or less may be paid to family on an affidavit if there was no will; larger accounts go through no-administration or administration.

Law: O.C.G.A. 7-1-239

Joint or payable-on-death (POD) bank accounts
Left out

Joint accounts with survivorship and payable-on-death accounts pass to the survivor or beneficiary outside probate.

Death certificates in Georgia

Certified death certificates are available to people with a direct and tangible interest, including primary family members or legal representatives of the family. Request by mail with Form 3912 or online. The first certified copy is $25 and each additional copy is $5. Since April 22, 2026, a beneficiary named in a transfer-on-death deed also qualifies.

Law: O.C.G.A. 31-10-26

Where to get it
Georgia Department of Public Health, State Office of Vital Records, or the county vital records office
Official page
Official page

Surviving spouse in Georgia

A surviving spouse and minor children can petition the probate court within 24 months after the death for year's support: property, including the home, set apart to keep their standard of living for 12 months, considering their other resources. A bank can pay up to $15,000 of an intestate person's deposits to the surviving spouse first.

Payment of a deceased depositor's funds without administration (O.C.G.A. 7-1-239)

If a person died without a will and had $15,000 or less in a bank, the bank may pay it directly to close family on a signed affidavit, without any court case.

Limit

Up to $15,000 Counted at full value, without subtracting debts.

The deposit at that financial institution (or a check payable to the person, under a companion law) cannot be more than $15,000.

What counts

The amount on deposit at that financial institution (or the amount of a check payable to the person).

Waiting period

No waiting period for family. If no family member applies within 45 days after the death, the bank may instead use up to $15,000 to pay the funeral and last-illness bills.

Who can use it

In this order: the surviving spouse; if none, the children equally; if none, the father and mother equally; if none, the brothers and sisters equally. Only when the person left no will.

Court or where to file

Given to the bank or other financial institution.

Notary

It is a sworn statutory affidavit.

Papers to attach
  • Certified death certificate (banks usually ask for it)
  • The statutory affidavit stating your relationship, that there is no known will, and that there are no other known claimants
Steps
  1. Confirm the person left no known will and the deposit is $15,000 or less.
  2. Fill in the affidavit stating your relationship to the person, that there is no known will and no other known claimant.
  3. Sign it before a notary and give it to the bank.
Fee

No court fee; not filed with a court.

What the bank or holder must do

The bank is authorized, not required, to pay on the affidavit. A payment made under this law fully releases the bank from any claim by an heir, creditor or anyone else, and no administration or no-administration order is needed.

Law: O.C.G.A. sec. 7-1-239 (as amended by 2019 Ga. Laws, HB 490); O.C.G.A. sec. 7-1-239.1 (checks)

Source: Official page

Who inherits with no will in Georgia

If there is no will, the heirs are determined under O.C.G.A. 53-2-1: a surviving spouse and children share the estate; if there is a spouse and no children, the spouse inherits; if there is neither, the estate goes to parents, then brothers and sisters, then more distant relatives. The probate court's Heirs Determination Worksheet helps identify the heirs.

Law: O.C.G.A. sec. 53-2-1

Source: Official page

Good to know in Georgia

  • Georgia's order declaring no administration necessary has no dollar limit, but it requires no debts (or creditor consent) and unanimous agreement of all heirs (O.C.G.A. 53-2-40; GPCSF 9).
  • Georgia allows transfer-on-death deeds for real estate since July 1, 2024; beneficiaries must record an acceptance affidavit within nine months of the death.
  • A bank may pay up to $15,000 of a deceased depositor's funds to the spouse, children, parents or siblings, in that order, on an affidavit when there is no will.

Changes in 2024–2026

SB 420 (2024), effective July 1, 2024: created transfer-on-death deeds. HB 327, effective July 1, 2025: wide probate revision, including the representation of deceased heirs in no-administration petitions (53-2-40(c)) and citation/notice rules (53-2-51), and heirs determination for children born out of wedlock. HB 413, effective April 22, 2026: revised TOD deed execution, acceptance (affidavit recorded within nine months), revocation formalities, priority over unsecured debts and year's support (53-3-5), and access to death certificates for TOD beneficiaries.

Law: O.C.G.A. 44-17-1 to 44-17-7; 2025 Act 310; 2026 Act 379

Related pages

Free help in Georgia

A court self-help center or a legal aid office can check whether the estate qualifies, free of charge or at low cost.