Such affidavit shall state that such individuals qualify as the proper relation to the decedent as specified in this subsection, there is no known will of the decedent, and that there are no other known corresponding claimants to such deposit.
provided, however, that, if any payment is made pursuant to subsection (c) of this Code section by an employee of the financial institution who is without actual knowledge of such written notification or service of notice within three business days following the receipt of such written notification or service of notice by the registered agent of the financial institution, the protection provided by paragraph (1) of this subsection shall extend to any such payment.
_______________
Signature of Claimant
Sworn and subscribed
before me this _______________ day
of _______________ , 20 _______________ .
Notary public (SEAL)
My commission expires: _______________ .”
Except as provided for by Article 8 in Title 7 of the O.C.G.A., if no request for the Deceased’s deposit is made by a potential recipient(s) within 45 days from the Deceased’s death, the Financial Institution is authorized to release up to $15,000.00 for funeral expenses and expenses of the last illness of the Deceased upon the receipt of itemized statements of such expenses and this executed attestation.
The Claimant attests that there is no known will of the Deceased and there is no known potential recipient of the Deceased’s deposits. The Claimant also attests that funeral expenses or expenses of the last illness in the amount of $ _______________ were incurred related to the Deceased and that true and correct copies of the itemized receipts fully supporting such amount are attached to this affidavit. Finally, the Claimant further attests that such expenses have not been paid as of the date of execution of this affidavit.
Pursuant to O.C.G.A. § 7-1-239 , the Claimant submits this form in order to receive payment in the amount of $ _______________ (shall not exceed $15,000.00) for outstanding funeral expenses or expenses of the last illness of the Deceased.
STATUTORY AFFIDAVIT FORM
History. Code 1981, § 7-1-239 , enacted by Ga. L. 1983, p. 661, § 1; Ga. L. 1985, p. 1241, § 1; Ga. L. 1986, p. 887, § 1; Ga. L. 1996, p. 848, § 3; Ga. L. 2019, p. 279, § 1/HB 490; Ga. L. 2020, p. 377, § 2-2/HB 865.
The 2019 amendment, effective July 1, 2019, added subsection (a); redesignated former subsections (a) through (c) as present subsections (b) through (d), respectively; substituted “$15,000.00” for “$10,000.00” in subsections (b) and (c); in the introductory language of subsection (b), substituted “subsection (c)” for “subsection (b)” near the beginning, inserted “, upon receipt of an affidavit,” in the middle, and substituted “individuals” for “persons” at the end; added the ending undesignated language in subsection (b); substituted “subsection (b) of this Code section within 45 days” for “subsection (a) of this Code section within 90 days” near the middle of the first sentence of subsection (c); in subsection (d), deleted “subsections (a) and (b) of” following “pursuant to” near the beginning and rewrote the second sentence, which read: “Such payment is authorized to be made as provided in this Code section without the necessity of administration of the estate of the decedent or without the necessity of obtaining an order that no administration is necessary.”; deleted former subsections (d) through (g); and added present subsection (e).
The 2020 amendment, effective January 1, 2021, deleted “claimant or” preceding “claimants” in the ending undesignated paragraph in subsection (b); in subsection (c), inserted “and in paragraph (2) of subsection (d) of this Code section” in the first sentence and substituted “Except as otherwise provided in paragraph (2) of subsection (d) of this Code section, the financial institution applying such deposit as authorized in this subsection” for “The financial institution” in the last sentence; designated the existing provisions of subsection (d) as paragraph (d)(1), and in paragraph (d)(1), substituted “Except as otherwise provided in paragraph (2) of this subsection, payments made in compliance with” for “Payments pursuant to” at the beginning of the first sentence and substituted “Except as otherwise provided in paragraph (2) of this subsection, the” for “The” at the beginning of the second sentence, and added paragraphs (d)(2) through (d)(5).
Law reviews.
For article surveying trust and estate law in 1984-1985, see 37 Mercer L. Rev. 443 (1985).
For annual survey of law of wills, trusts, and administration of estates, see 38 Mercer L. Rev. 417 (1986).
For annual survey article discussing wills, trusts and administration of estates, see 52 Mercer L. Rev. 481 (2000).
For annual survey on wills, trusts, guardianships, and fiduciary administration, see 71 Mercer L. Rev. 327 (2019).
Structure Georgia Code