When someone dies in Georgia, assets titled solely in the deceased person‘s name must go through probate. However, some assets skip the process entirely and transfer directly to the people named on the account or policy.
Knowing which assets fall into which category determines how long the settlement takes and what your family has to deal with along the way. Our attorneys can help you identify which assets require probate and what your family needs to do next.
Our probate administration lawyers in Woodstock can support you through this difficult time, just as we have helped hundreds of Georgia families. Call today to schedule your free Legacy Planning Meeting and tell us about your challenges.
Does Real Estate Always Go Through Probate in Georgia?
Real estate in Georgia must go through probate if the deceased owner held the property solely in their name. Before heirs can sell or manage the property, the court needs to transfer the title. This process can delay access for several months.
Real estate held in joint tenancy with right of survivorship passes directly to the surviving owner. Property in a living trust also skips probate. A transfer-on-death deed created prior to July 1, 2024, lets ownership transfer after death without needing to go to court.
If the deceased owned real estate in multiple states, each state may require its own probate proceeding. This is called ancillary probate. It adds time and cost that many families do not anticipate.
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Do Bank Accounts Go Through Probate?Bank accounts go through probate if they do not have a beneficiary or a joint owner. This means that the money will be frozen until a court appoints a personal representative and allows for the distribution. Families who need quick access to the funds must wait.
Many banks allow account holders to add a payable-on-death designation at no cost. This keeps the account out of probate entirely. The named recipient presents a death certificate and receives the funds directly.
If someone passes away without naming a beneficiary for their accounts, those accounts go through probate. The personal representative must inventory the assets and wait for the court to authorize payment. An attorney can help you get through this as efficiently as possible.
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Are Vehicles Subject to Probate in Georgia?
If the vehicle had a co-owner listed on the title, it may transfer without probate depending on how the title was worded. If the vehicle lists a co-owner, it can transfer without probate if the title includes an explicit Right of Survivorship designation.
If the estate has no other assets requiring court intervention, the Georgia Department of Revenue allows you to bypass probate by submitting a certified death certificate and a notarized Affidavit of Inheritance to the county tag office.
A surviving spouse may also have options under Georgia’s Year’s Support petition to claim a vehicle outside of the full probate process.
What Happens to Personal Property in Probate?
Georgia law requires the personal representative to file an inventory of the estate’s assets and their estimated value. This includes personal items like jewelry and artwork. Personal property owned solely by the deceased must go through probate.
Disputes over personal property are common. Items with sentimental value often cause more conflict than financial assets do. Our attorneys can help your family address these issues before they become serious problems.
Can You Avoid Probate in Georgia?
Georgia law allows several strategies to reduce or eliminate the need for probate. The most common approach is a trust, such as the Absolute Protect Trust™. Assets transferred into the trust during your lifetime pass to beneficiaries according to the trust terms without court involvement.
While no single strategy will work for every family, there are effective ways to keep assets out of probate. Our attorneys can review your situation and help you create a plan that minimizes the impact of probate on your estate.
Benefits of Working with an Estate Planning Attorney
Probate can be more complicated than it appears, and mistakes during the process can delay asset distribution or expose the estate to unnecessary costs. Our elder law attorneys can help you in several important ways, such as:
- Reviewing your current assets to identify which ones will require probate and which will not.
- Updating beneficiary designations on retirement accounts, life insurance, and bank accounts.
- Drafting an Absolute Protection Trust™
- Creating or updating your will to reflect your current wishes.
- Advising on Medicaid planning and how estate planning intersects with long-term care needs.
Coming up with a plan now can protect your family from a lengthy and costly probate process later.
Get Help With Probate in Georgia
Assets in the name of the person who passed away are required to go through probate in Georgia, under most circumstances. However, there are ways to minimize or avoid probate if you plan.
Dealing with a complex estate is tough, especially when you are still dealing with the emotional aftermath of losing a loved one. Our attorneys can help you understand how probate administration in Georgia works and walk you through it.
If you are still in the planning phases, our team at Nelson Elder Care Law can help you devise strategies to reduce or avoid probate in Georgia. Call now to schedule your free Legacy Planning Meeting.