Probate

Please accept my condolences on the loss of your father. If your father died without a Will, as you state, and if he did not have more than $10,000 in his account, Georgia law allows the bank to close the account and turn the money in it over to his next of kin. Here are the relevant parts of the law. Please note: as described at the end of the quoted statute, the persons trying to claim the account must provide an appropriate affidavit stating that they qualify under OCGA Section 7-1-239 to receive the property in the account. It may be helpful for you to have an attorney prepare that affidavit for you; that shouldn't be an expensive thing. The attorney can also review with you the entire situation and help you make sure that you know what to do to protect yourself and your brothers from potential liability to the IRS or anyone else to whom your father may have owed money. But if the facts are as you've described them, dealing with the estate properly may not be all that complicated. Best wishes to you. § 7-1-239. Payment of large deposits of deceased intestate depositors; deposit of sums held for deceased intestate residents; affidavit included with application for deposit. (a) Except as provided in subsection (b) of this Code section and in Article 8 of this chapter, whenever any person dies intestate having a deposit of not more than $10,000.00 in a financial institution, such financial institution shall be authorized to pay the proceeds of such deposit directly to the following persons: (2) If no surviving spouse, to the children pro rata; (c) Payments pursuant to subsections (a) and (b) of 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. 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. (g) Application by any claimant or claimants entitled in this Code section to receive deposits at a financial institution shall include an affidavit by the claimant or claimants which states that they qualify as the proper relation to the decedent as specified in this Code section and that the claimant or claimants know of no other corresponding claimant or claimants to such deposit. The financial institution may rely on a properly executed affidavit in disbursing the funds according to this Code section. GA. Code 7-1-239 Payment of large deposits of deceased intestate depositors; deposit of sums held for deceased intestate residents; affidavit included with application for deposit (Georgia Code (2018 Edition))