2019 Georgia Code
Title 7 - Banking and Finance
Chapter 1 - Financial Institutions
Article 1 - Provisions Applicable to Department of Banking and Finance and Financial Institutions Generally
Part 12 - Deposits of Deceased Depositors
§ 7-1-239. Definitions; payment of large deposits of deceased intestate depositors; affidavit for disbursement; form for affidavit.

• (a) As used in this Code section, the term:

  • (1) "Affidavit of the provider" means the form provided for in subsection (e) of this Code section.

  • (2) "Financial institution" means any federally chartered financial institution or state chartered financial institution, including, but not limited to, those chartered by states other than the State of Georgia whose deposits are federally insured.

• (b) Except as provided in subsection (c) of this Code section and in Article 8 of this chapter, whenever any person dies intestate having a deposit of not more than $15,000.00 in a financial institution, such financial institution, upon receipt of an affidavit, shall be authorized to pay the proceeds of such deposit directly to the following individuals:

  • (1) To the surviving spouse;

  • (2) If no surviving spouse, to the children pro rata;

  • (3) If no children or surviving spouse, to the father and mother pro rata; or

  • (4) If none of the above, then to the brothers and sisters of the decedent pro rata.

    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 claimant or claimants to such deposit.

• (c) Except as provided in Article 8 of this chapter, if no application for the deposit is made by any person named in subsection (b) of this Code section within 45 days from the death of the intestate depositor, the financial institution shall be authorized to apply not more than $15,000.00 of the deposit of such deceased depositor in payment of the funeral expenses and expenses of the last illness of such deceased depositor upon the receipt of itemized statements of such expenses and the affidavit of the providers of such services that the itemized statements are true and correct and have not been paid. The financial institution shall pay such expenses in the order received after the death of the depositor.

• (d) Payments pursuant to this Code section shall operate as a complete acquittal and discharge to the financial institution of liability from any suit, claim, or demand of whatever nature by any heir, distributee, creditor of the decedent, or any other person. The financial institution may rely on a properly executed affidavit in disbursing the funds in accordance with this Code section.

• (e) A document substantially in the following form shall be used as the affidavit of the providers of services of funeral expenses and expenses of last illnesses of deceased depositors:

  • "State of Georgia County of

  • STATUTORY AFFIDAVIT FORM

  • from attests that

  • (Claimant) (Facility)

  • died on the day of , 20 .

  • (Deceased)

  • On information and belief, the Deceased has funds on deposit with .

  • (Financial Institution)

  • Under O.C.G.A. Section 7-1-239, such Financial Institution is authorized to pay the proceeds of the Deceased's deposits, but in no event more than $15,000.00, directly to the following persons identified, collectively, as potential recipient(s):

  • 1. To the surviving spouse;

  • 2. If no surviving spouse, to the children pro rata;

  • 3. If no children or surviving spouse, to the father and mother pro rata; or

  • 4. If none of the above, then to the brothers and sisters of the decedent pro rata.

    • 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. Section 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.

    • Signature of Claimant

    • Sworn and subscribed

    • before me this day

    • of , 20 .

    • Notary public (SEAL)

    • My commission expires: ."

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.