Banking Affidavit of Surviving Relative vs. Full Probate in Georgia: Which Applies?
Banking Affidavit of Surviving Relative is a narrower, faster alternative to full probate in Georgia — available only when the estate meets O.C.G.A. § 7-1-239's conditions (at or under $15,000 (the decedent's deposit at a single financial institution, not a combined-account or whole-estate total)). Once an estate falls outside those conditions, full probate is what applies instead. This is informational only and is not legal advice.
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What makes Banking Affidavit of Surviving Relative different from full probate
Banking Affidavit of Surviving Relative is a narrower, faster alternative to full probate in Georgia — available only when the estate meets O.C.G.A. § 7-1-239's specific conditions (non-exempt property at or under $15,000 (the decedent's deposit at a single financial institution, not a combined-account or whole-estate total)). Full probate has no such ceiling and no comparable shortcut; it's the default process every estate falls back into once it doesn't meet a narrower mechanism's conditions.
When an estate is pushed into full probate instead
- The estate exceeds the $15,000 (the decedent's deposit at a single financial institution, not a combined-account or whole-estate total) cap. Even one dollar over the statutory line under O.C.G.A. § 7-1-239 disqualifies banking affidavit of surviving relative entirely — there's no partial or reduced-scope version of this mechanism for an estate just over the ceiling.
- The deposit exceeds $15,000. Deposits at or under $15,000 can be paid in full under this affidavit. A deposit that exceeds $15,000 can still have up to $10,000 released this way, but the remainder requires a different mechanism (such as the no-administration-necessary petition, or full probate).
- The decedent left a valid will. This affidavit is available only when the decedent died intestate. The affidavit itself must state that there is no known will.
Why it's worth checking first: full probate is slower and typically far more expensive than banking affidavit of surviving relative — a probate attorney typically charges $1,500–$4,200+ for the more limited process this guide covers, and full probate usually costs more and takes longer on top of that. Confirm eligibility before assuming you need the bigger process — see what qualifies for Banking Affidavit of Surviving Relative in Georgia.
Once you know which path applies, here's the next snag
Whichever mechanism fits, presenting it to the asset holder is where families lose time. Free one-pager: what to bring and say before you go, emailed now. Then a few short follow-ups over the next few weeks — then we stop.