How to Access and Withdraw Money from a Deceased Person’s Bank Account During Probate in Georgia | Georgia Probate | FastCounsel
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How to Access and Withdraw Money from a Deceased Person’s Bank Account During Probate in Georgia

Detailed Answer

When someone dies in Georgia, their bank accounts remain frozen until a court appoints a personal representative. You cannot lawfully withdraw funds without first obtaining proper authority. Here’s how to access and withdraw money during the probate process:

  1. Initiate Probate and Petition for Appointment. File a petition in the superior court of the county where the deceased lived. The court issues “letters testamentary” (if there’s a valid will) or “letters of administration” (if there’s no will). This authority empowers you to manage and distribute the estate. See O.C.G.A. § 53-3-24 and O.C.G.A. § 53-3-25.
  2. Obtain Certified Copies of Letters. After appointment, request certified copies of the letters from the clerk. Banks require these documents plus the death certificate to unfreeze accounts.
  3. Present Documents to the Bank. Provide the original death certificate and certified letters to each financial institution. The bank verifies your authority and releases funds into the estate’s account.
  4. Use an Affidavit for Small Estates (Optional). If the total personal property (including all accounts) is $10,000 or less, Georgia law permits collection via affidavit without formal probate. Sign a sworn affidavit and deliver it, along with a death certificate, to the bank. See O.C.G.A. § 53-6-1.
  5. Pay Priority Claims. Before distributing inheritances, pay funeral and other priority expenses (up to $25,000) under O.C.G.A. § 19-9-4.
  6. Distribute Remaining Funds. Once debts and expenses are paid, distribute the remaining money according to the will or Georgia’s intestacy statutes (O.C.G.A. § 53-2-1).

Helpful Hints

  • Keep multiple certified copies of letters and death certificate on hand.
  • Confirm each bank’s specific procedures; some allow remote notarized affidavits.
  • Track all transactions and maintain clear records for final accounting.
  • Consult probate court clerks if you have procedural questions.
  • If you qualify for small estate affidavit, use it to avoid lengthy probate.

Disclaimer: This article provides general information and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.