Does A Surviving Spouse Need Probate In Georgia?

You can set up your estate plan to have your estate: 

• skip the probate process completely
• go directly to your spouse when you pass

Here is how to make sure your spouse doesn’t need probate. 

1. Joint Ownership: Set up your real estate and bank accounts to be jointly owned with your spouse. Do this by completing the necessary forms at your bank or with the property registrar. Ensure it’s specified as “joint tenancy with right of survivorship.”
2. Beneficiary Designations: Update beneficiary designations on life insurance policies and retirement accounts. Make sure your spouse is the primary beneficiary.
3. Living Trust: Consult an estate planning attorney to create a revocable living trust. Transfer assets into the trust by re-titling them in the trust’s name. This ensures that your spouse can access them without probate.
4. POD/TOD Accounts: This is for Payable-on-Death (POD) or Transfer-on-Death (TOD) accounts. Fill out the proper forms from your financial institutions. Designate your spouse as the beneficiary.
5. Gifting: Gift assets to your spouse during your lifetime. Do this by completing the necessary gift transfer forms or deeds. Be mindful of gift tax limits to avoid tax implications.
6. Legal Counsel: Fill out the form to chat with an estate planning attorney in Georgia. We can guide you through these steps and help you create the necessary legal documents. This will ensure your estate plan aligns with state laws.