How To Claim Deceased Bank Accounts In Georgia (8 Critical Steps)

How To Claim Deceased Bank Accounts In Georgia - Claim Deceased Bank Accounts Without Probate

Wondering how to claim deceased bank accounts in Georgia?

When someone you love dies, handling their money can be tough. 

One important task is claiming any bank accounts they had. 

The process can be different depending on:

  • whether they had a will
  • the type of account
  • beneficiary designations

This guide explains how to claim deceased bank accounts in Georgia.

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How Bank Accounts Transfer

How it’s set up determines how to claim deceased bank accounts. 

You will either:

  • have to go through probate
  • have the bank accounts transfer automatically

Probate and Non-Probate Assets

Bank accounts can be either probate or non-probate assets. 

Probate assets are those that are given out according to a will or Georgia law if there is no will. 

Non-probate assets go directly to a beneficiary without going through probate. 

Whether a bank account is probate or non-probate depends on how it was set up.

Joint Accounts and Payable-on-Death (POD) Accounts

If the deceased had a joint account, the surviving person usually becomes the sole owner automatically. 

If it was a Payable-on-Death (POD) account, the named beneficiary can claim the funds without probate. 

To access these funds, you’ll need the death certificate and identification.

How To Claim Deceased Bank Accounts In Georgia

There are two scenarios to claim a deceased bank account: 

Claim Deceased Bank Accounts With Probate

  1. Check How the Bank Account is Owned: If it’s only in their name and doesn’t have any beneficiaries listed, it needs to go through probate.
  2. Determine if Probate is Required: In Georgia, probate is generally required if the account is solely in the deceased person’s name and there are creditors. Probate is needed to officially manage and distribute the estate.
  3. Get the Death Certificate: You’ll need an official death certificate to start the probate process.
  4. Find the Will (If There Is One): Look for the deceased person’s will. The will should say how the bank accounts should be divided.
  5. Start a Probate Case: File the will with the probate court to begin the probate process. You’ll need to get permission from the court to access and distribute the bank account.
  6. Check for “No Administration Necessary”: If there are no debts or creditors, and all the heirs agree, you might be able to use a “No Administration Necessary” process in Georgia, which makes things easier.
  7. Tell the Bank: Give the bank the death certificate and the court papers that show you have permission to handle the account. The bank might ask you to fill out some forms.
  8. Finish the Bank’s Process: Each bank has its own steps for giving out the money. Follow their rules and provide any documents they ask for. Once everything is approved, the bank will release the funds.

Claim Deceased Bank Accounts Without Probate

  1. Check How the Bank Account is Owned: You don’t need probate if it was owned jointly, it’s payable on death, or there are designated beneficiaries. 
  2. Obtain the Death Certificate: Even if probate isn’t required, you will still need an official death certificate.
  3. Notify the Bank: Provide the bank with the death certificate and your identification if you are the joint account holder or beneficiary. Inform the bank that the account holder has passed away.
  4. Complete the Bank’s Process: The bank will have its own procedures that you need to follow. Fill out any necessary forms and provide the required documents. Once the bank reviews everything, they will release the funds to you.

FAQs About Claiming Deceased Bank Accounts

Here are some common questions and situations we encounter with clients. 

What Is The Punishment For Taking Money From A Deceased Account?

Taking money from a deceased person’s account in Georgia without permission is illegal. 

It is considered theft. 

The punishment can include criminal charges, fines, and possible jail time. 

The severity of the punishment depends on the amount of money taken. 

The person may also have to return the stolen money and face civil lawsuits from the rightful heirs.

What Happens To Bank Account When Someone Dies Without Beneficiary?

When someone dies without a beneficiary on their bank account in Georgia, the account typically becomes part of their estate. 

The funds in the account will be handled through the probate process. 

If the deceased had a will, the executor will manage the account according to the will’s instructions. 

If there is no will, Georgia’s intestacy laws decide who inherits the money. 

Before the funds are distributed, any debts or taxes owed by the estate must be paid. 

The probate court oversees this process to ensure everything is handled properly.

How To Find Out If You Are A Beneficiary On A Bank Account

To find out if you are a beneficiary on a bank account in Georgia, follow these steps:

  1. Contact the Bank: Reach out to the bank where the account is held. Provide your identification and explain that you are checking if you are listed as a beneficiary.
  2. Request Information: Ask the bank to check the account for any Payable-on-Death (POD) or Transfer-on-Death (TOD) designations. These are common ways to name beneficiaries on bank accounts.
  3. Provide Necessary Documents: Be ready to provide a death certificate if the account holder has passed away. This helps the bank verify the situation.
  4. Ask for Confirmation: If you are a beneficiary, the bank will confirm your status. They may also explain the steps you need to take to claim the funds.

Get Help From A Probate Lawyer

Are you overwhelmed trying to figure out how to claim deceased bank accounts in Georgia

Our probate attorneys handle everything for you.

We specialize in taking as much as possible off your plate so that you are not: 

  • personally financially liable
  • accidentally breaking the law
  • filling out the paperwork wrong
  • not notifying or paying off creditors
  • dealing with disputes among family and partners

Fill out the form to get a have us fill out your Petition for FREE.

Get Your Free Probate Petition

Probate can be confusing and stressful. Incorrectly filled-out probate petitions can cause delays, rejections, and added stress. We will fill out your petition for you (for FREE).

Fill out the form to have us fill out your petition for you (at no charge). We can only offer 5 free petitions per week, so act fast to secure your spot and avoid the hassle of probate.

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What Areas We Serve For Probate

Our Georgia probate lawyers work remotely, so you don’t have to visit an office. Here are all the counties we serve in Georgia.