When a decedent dies with a will leaving personal property, less liens and encumbrances
thereon, not exceeding $10,000 (for persons dying on or before September 30, 2009)
or $20,000 (for persons dying on or after October 1, 2009), at any time after 30 days
from the date of death, any person indebted to the decedent must pay the indebtedness
to a person who:
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claims to be the court-appointed public administrator or a person named or designated
as executor in the will, devisee, heir or creditor, of the decedent;
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is not disqualified, see POMS GN 02315.071.B.3 in this section regarding disqualification, and
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presents a certified copy of an affidavit filed in the office of the Clerk of the
Superior Court of the county of the decedent’s domicile at the time of death.
The affidavit must be made by or on behalf of the heir, the person named or designated
as executor in the will, the creditor, the appointed public administrator, or the
devisee, stating:
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The name and address of the affiant and the fact that he is the public administrator,
a person named or designated as executor in the will, devisee, heir or creditor, of
the decedent;
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The decedent’s name and residence at the time of death;
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The date and place of the decedent’s death;
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That 30 days have passed since the decedent died;
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That the decedent died with a will leaving personal property, less liens and encumbrances
thereon, not exceeding $10,000 (for persons dying on or before September 30, 2009)
or $20,000 (for persons dying on or after October 1, 2009);
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That the decedent’s will has been admitted to the proper probate court and a certified
copy of the will has been recorded in each county where the decedent owned land when
he or she died;
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That a certified copy of the decedent’s will is attached to the affidavit;
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That no application or petition for appointment of a personal representative is pending
or has been granted in any jurisdiction;
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The names and addresses of those persons who are entitled to the decedent’s property
under the will’s provisions, or if applicable, under the Intestate Succession Act;
and their relationship, if any, to the decedent; and
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A description sufficient to identify each tract of land the decedent owned when he
or she died.