Georgia Bank Account After Death

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 property	How it is treated	Details
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.

FDIC insurance after a death

After a deposit owner dies, FDIC insurance on the account stays the same for six months, unless the account is restructured. After six months, coverage is based on who actually owns the money.

Law: 12 CFR 330.3(j)

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.

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

Letters to a bank

Use the free tools below to ask a bank for the balance on the date of death or to present a signed small estate affidavit.

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.