How Much Does An Estate Have To Be Worth To Go To Probate In Georgia?

How Much Does An Estate Have To Be Worth To Go To Probate In Georgia

How much does an estate have to be worth to go to probate in Georgia?

In this article, you’ll learn about: 

  • Georgia probate thresholds
  • how to determine how much an estate is worth
  • if household items go through probate
  • what assets are not considered a part of an estate
  • what assets go through probate

Let’s dig in. 

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How Much Does An Estate Have To Be Worth To Go To Probate In Georgia?

All estates have to go through probate in Georgia, regardless of how much they are worth. 

The only assets that do not have to go through probate in Georgia are:

  • those with a named beneficiary (i.e., brokerage accounts)
  • property held jointly with rights of survivorship
  • property held in a trust

How the property is held determines if it goes through probate in Georgia. 

And not how much the estate is worth. 

How To Determine The Estate Value At Death

To determine the estate value at death, follow these steps:

  1. Identify All Assets: Make a comprehensive list of the decedent’s assets, including real estate, bank accounts, investments, retirement accounts, vehicles, personal belongings, and any business interests.
  2. Obtain Date-Of-Death Values: Assess the fair market value of each asset as of the date of death. For real estate and valuable personal property like art or collectibles, consider hiring a professional appraiser. For financial accounts, obtain statements or contact the institutions to acquire the date-of-death balances.
  3. Calculate The Gross Estate Value: Add up the date-of-death values of all assets to find the gross estate value. This figure does not account for any debts or liabilities.
  4. Identify And Quantify Debts And Liabilities: List the decedent’s outstanding debts, such as mortgages, loans, credit card balances, and any unpaid taxes. Determine the amounts due at the time of death.
  5. Calculate The Net Estate Value: Subtract the total debts and liabilities from the gross estate value to arrive at the net estate value. This figure represents the value of the estate that may be subject to probate or estate taxes, depending on state and federal laws.

Remember that estate valuation can be complex.

Especially if the decedent owned a variety of assets or had significant debts. 

It’s recommended to consult with an:

  • estate attorney
  • accountant
  • financial advisor

This is to ensure accuracy and compliance with all applicable laws and regulations.

FAQs About How Much Does An Estate Have To Be Worth To Go To Probate In Georgia

Here are other questions we get related to how much an estate has to be worth to go to probate. 

Do Household Items Go Through Probate In Georgia?

Yes, household items generally go through probate.

This is because they are considered part of the decedent’s estate. 

But let’s say the items are:

  • of low value 
  • have been specifically bequeathed through a will or trust

They might not need to pass through the probate process.

What Assets Are Not Considered Part Of An Estate?

Assets not considered part of an estate typically include those:

  • with designated beneficiaries 
  • that are jointly owned

Examples of assets not considered a part of an estate are:

These assets pass directly to the beneficiaries or co-owners, bypassing the probate process.

What Assets Go Through Probate In Georgia?

Assets that go through probate are those owned solely by the decedent without any designated beneficiaries or co-owners. 

Examples of assets that go through probate include:

  • individual bank accounts
  • real estate titled solely in the decedent’s name
  • personal property
  • certain types of investments

Assets that typically bypass probate are those:

  • with joint ownership
  • with designated beneficiaries
  • held in trusts typically bypass probate

Do Bank Accounts Have To Go Through Probate?

Bank accounts typically have to go through probate.

That is unless they:

  • are designated as payable-on-death (POD) accounts
  • held jointly with rights of survivorship
  • are part of a trust

These accounts automatically pass to the named beneficiaries or surviving joint account holders.

And these types of bank accounts don’t have to go through the probate process.

Get Help With Your Estate Planning

If you want help with estate planning, fill out the form below. 

At The Hive Law, we understand the importance of:

  • protecting your hard-earned assets 
  • ensuring your family’s future
  • not losing everything to creditors and lawsuits
  • properly (and legally) distributing assets 

We only accommodate a limited number of clients each month.

So don’t miss your opportunity to work with our estate planning lawyers.

Benefits of our estate planning services:

  • Tailored solutions to fit your unique needs and goals
  • Expert guidance in navigating complex tax and legal matters
  • Preservation of your wealth for future generations
  • Streamlined asset distribution according to your wishes

Avoid the pitfalls of inadequate estate planning strategies:

  • Creditors seizing your assets
  • Lawsuits jeopardizing your family’s financial security
  • Family disputes over inheritance
  • Costly and time-consuming probate processes

Talk soon.

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