How to Close Bank Accounts After Death in Georgia
How to Close Bank Accounts After Death in Georgia
How you close a bank account after a death in Georgia depends entirely on how the account was set up. Joint accounts with survivorship rights transfer immediately. Pay-on-death (POD) accounts pass to the named beneficiary without probate. Sole accounts require either Letters Testamentary from probate or, for small intestate estates, a banking affidavit. Knowing the account type before you walk into the bank saves you weeks of frustration.
This guide covers bank accounts, the banking affidavit, vehicle titles, real property, and the other financial assets you will need to handle.
Bank Account Types and What Happens to Each
Joint Accounts with Right of Survivorship
If the deceased held a joint account with right of survivorship, the surviving account holder gains full ownership of the account immediately upon death. No probate is needed.
What to do: Bring a certified death certificate to the bank. The bank will remove the deceased's name and the account continues as the survivor's sole account.
Pay-on-Death (POD) / Transfer-on-Death (TOD) Accounts
Georgia allows POD and TOD designations on bank accounts. These accounts name a beneficiary who receives the funds when the account holder dies, bypassing probate entirely.
What to do: The named beneficiary brings a certified death certificate, valid government-issued photo ID, and proof of identity to the bank. The bank transfers the funds directly to the beneficiary. No court order or letters of administration are needed.
Individual Accounts (No Beneficiary Designation)
Accounts held solely in the deceased's name with no POD/TOD designation and no joint owner become part of the probate estate.
What to do: The personal representative must present Letters Testamentary (testate estate) or Letters of Administration (intestate estate) to the bank, along with a certified death certificate. The bank will then allow the personal representative to access and close the account.
For details on obtaining these letters, see how probate works in Georgia.
The $15,000 Banking Affidavit (O.C.G.A. Section 7-1-239)
Georgia provides a simplified way to collect funds from a bank account without probate for small intestate estates.
Eligibility:
- The decedent died without a valid will (intestate only)
- The bank account balance is $15,000 or less
- No personal representative has been appointed
How it works: The heir(s) sign an affidavit asserting their right to the funds under Georgia intestacy law. The heir presents the affidavit to the bank along with a certified death certificate.
Key limitations:
- Available only for intestate estates (if there is a will, this does not apply)
- Amount limited to $15,000 per financial institution
- The bank may require additional documentation to verify the heir's identity and relationship
This is a valuable option for small estates where the cost and time of formal probate would exceed the value of the account.
Retirement Accounts (IRA, 401(k), 403(b))
Retirement accounts with designated beneficiaries pass directly to those beneficiaries outside of probate. No court involvement is needed.
What to do: Contact the plan administrator or custodian. Provide a certified death certificate and complete the beneficiary claim form. The administrator will process the transfer or distribution.
Spousal rights: For 401(k) and similar employer-sponsored plans, federal law (ERISA) generally requires the surviving spouse to be the beneficiary unless the spouse has signed a written waiver. IRAs do not have the same spousal consent requirement.
Tax implications:
- Inherited traditional IRAs and 401(k)s: distributions are generally taxable as ordinary income to the beneficiary (both federal and Georgia state income tax apply)
- Inherited Roth IRAs: distributions of contributions are tax-free; earnings may be tax-free if conditions are met
- Most non-spouse beneficiaries must distribute the entire account within 10 years of the owner's death (SECURE Act)
If no beneficiary was designated: The account may become part of the probate estate. The personal representative will need Letters Testamentary or Letters of Administration to claim the funds.
Life Insurance
Life insurance proceeds payable to a named beneficiary are not part of the probate estate and pass directly to the beneficiary.
Georgia-specific protection (O.C.G.A. Section 33-25-11): Life insurance proceeds payable to a named beneficiary are exempt from the claims of creditors of the insured. This protection is automatic. No trust or special arrangement is required.
Critical exception: If the life insurance is payable to the estate (rather than a named person), the proceeds become part of the probate estate and are subject to creditor claims, probate administration, and estate administration costs.
What to do: Contact the insurance company with a certified death certificate and a completed beneficiary claim form. Most insurers process claims within 30 to 60 days.
Vehicle Title Transfer (O.C.G.A. Section 40-3-34)
Georgia provides three methods to transfer a vehicle title after death.
Method 1: With Probate
Submit an application for new title, the last certificate of title (if available), the required fee, and a certified copy of the will or Letters of Administration.
Method 2: Without Probate (Affidavit of Inheritance)
Use Form T-20 (Affidavit to Certify Immediate Family Member Inheritance) and Form MV-1 (Application for Title/Tag). Submit with a certified death certificate and the original title (if available). Available when no probate administration has been or will be opened.
Method 3: No Administration Necessary Order
A legible copy of the No Administration Necessary order may be submitted in lieu of Form T-20 if there is only one heir.
Deadline: Title documents must be submitted to the county tag office within 30 days of the transferee acquiring interest. Late penalty: $10.00 in addition to the ordinary title fee.
Important: If Form T-20 is submitted, the inheritor must title the vehicle in their name first before selling or transferring ownership to someone else.
Real Property
Transfer-on-Death Deed (O.C.G.A. Section 44-17-1 et seq.)
Georgia now allows TOD deeds for real property, effective July 1, 2024. If the deceased recorded a TOD deed during their lifetime, the property transfers to the named beneficiary outside of probate.
Critical deadline: The beneficiary must record an acceptance affidavit with the Superior Court in the county where the property is located within 9 months of the owner's death. A certified death certificate must be attached. If the beneficiary fails to record within 9 months, the interest reverts to the owner's estate and must go through probate.
Transfer Through Probate
If no TOD deed or joint ownership exists, real property passes through the will or intestacy and is administered by the personal representative. An executor's deed or administrator's deed is used to transfer title.
Transfer via No Administration Necessary
If a No Administration Necessary order is granted, the court must file a certified copy of the order in each county where the deceased owned real property within 30 days (O.C.G.A. Section 53-2-42).
Safe Deposit Boxes
Georgia law does not specifically restrict access to a deceased person's safe deposit box, but banks have their own policies. In practice:
- A joint box holder can typically access the box immediately with a certified death certificate.
- If the deceased was the sole holder, the personal representative will need Letters Testamentary or Letters of Administration to access the box.
- Some banks will allow a family member to inventory the box contents in the presence of a bank officer, even before probate is opened, to locate a will or burial instructions.
Contact the bank to ask about their specific policy. Bring a certified death certificate, your ID, and any court documents you have.
Unclaimed Property
If you cannot locate all of the deceased's accounts, check the Georgia Department of Revenue's unclaimed property database. Georgia holds unclaimed financial assets, insurance proceeds, and other property that can be claimed by the rightful owner or their estate.
Search at: https://dor.georgia.gov/unclaimed-property
What to Do Next
- Inventory every financial account and determine how each is titled (joint, POD, TOD, or sole).
- Order 10 to 15 certified death certificates. Each institution requires its own original.
- For joint and POD accounts, visit the bank with a death certificate. No probate needed.
- For sole accounts over $15,000 or testate estates, file for probate to obtain Letters Testamentary.
- For sole accounts in intestate estates of $15,000 or less, use the banking affidavit (O.C.G.A. Section 7-1-239).
- Transfer vehicle titles within 30 days using Form T-20 and Form MV-1 to avoid the late penalty.
- If a TOD deed exists for real property, record the acceptance affidavit within 9 months.
For the full sequence of tasks, see the complete guide to what to do when someone dies in Georgia.
Kaira organizes every step for your state — deadlines, forms, and next actions — so nothing gets missed. See how it works.
This guide was researched using Georgia statutes current as of April 2026. Laws change. For complex estates or disputes about account ownership, consult a Georgia-licensed attorney.
Sources: O.C.G.A. Section 7-1-239 (Banking Affidavit); O.C.G.A. Section 40-3-34 (Vehicle Title Transfer); O.C.G.A. Section 44-17-1 et seq. (TOD Deeds); O.C.G.A. Section 33-25-11 (Life Insurance Creditor Protection); O.C.G.A. Section 53-2-40 through 53-2-43 (No Administration Necessary); dor.georgia.gov