Get A FREE Consultation!
We run out of free consultations every month. Sign up to make sure you get your free consultation. (Free $350 value.)
What has to go through probate in Georgia?
In this article, you’ll learn about:
Let’s dig in.
We run out of free consultations every month. Sign up to make sure you get your free consultation. (Free $350 value.)
Probate is the process through which a deceased person’s estate is:
In Georgia, the following assets typically have to go through probate:
In this case, we’re focusing on assets that were solely owned by the deceased.
And assets that do not have a:
These assets need to go through probate.
Let’s look at some examples:
Let’s say a person owns assets that allow for the designation of beneficiaries.
They have the option to name someone who will inherit the asset directly upon their death.Â
These designations help assets avoid the probate process.Â
But, if the deceased failed to name a beneficiary for such assets, they might need to go through probate.
Here are some examples:
When you name a beneficiary for an asset, you expect that person to:
Sometimes the named beneficiary passes away before you.
When this happens, the asset may:
Here are some examples to illustrate this:
Tenants in common is co-ownership where multiple people own an undivided interest in a property.Â
Each owner has a separate share, and these shares can be of different sizes.Â
When one co-owner passes away, their share of the property does not automatically transfer to the surviving co-owners.Â
Instead, the deceased’s share may need to go through probate before being distributed to their heirs or beneficiaries.
Here are some examples to illustrate this:
In cases like these, the deceased’s share of the property needs to go through probate.
This can be a time-consuming and potentially costly process.Â
You can avoid the probate process for real estate owned as tenants in common.
Property owners can use other forms of co-ownership, such as joint tenancy with rights of survivorship.
This allows the property to transfer automatically to the surviving co-owners upon the death of one owner.Â
Alternatively, placing the property in a living trust can also help avoid probate.
Read More: What Happens When Two Siblings Own A Property And One Dies?
Here’s a list of assets that has to go through probate in Georgia:
There are several types of property and assets that do not have to go through probate.
And they can be transferred directly to beneficiaries or co-owners upon the owner’s death.Â
Here’s a list of properties that do not have to go through probate in Georgia:
Household items that need to go through probate are:
Let’s say these items:
They generally become part of the deceased person’s estate.
And they may need to go through probate in Georgia.
During the probate process, the court oversees:
This can include household items.Â
The household items would be distributed according to:
Household items may not need to go through probate if they:
In these cases, the items can be transferred directly to the:
And they do not need to go through probate in Georgia.
Here are other questions we get about what has to go through probate in Georgia.Â
Wondering how much an estate has to be worth to go through probate?Â
An estate has to be worth $10,000+ to go through probate in Georgia.Â
Georgia has a small estate affidavit process for estates valued at $10,000 or less.Â
This allows the heirs to bypass the formal probate process in Georgia.Â
Instead, they can file an affidavit with the court.Â
This allows for the transfer of assets to the heirs without going through the full probate process.
To use the small estate affidavit in Georgia:
The person filing the affidavit must:
This sworn statement includes specific information about:
Read More: How Much Does An Estate Have To Be Worth To Go To Probate In Georgia?
In Georgia, there is no strict deadline for filing probate after a person’s death.Â
If the deceased person had a will, the executor should file the will.
If there is no will, an interested party can petition the court to be appointed as the administrator of the estate.
There is no specific deadline for filing probate in Georgia.
But it is worth noting that certain time-sensitive matters may arise during the probate process.
These include things like:Â
If you die without a will in Georgia, your estate will be distributed according to the intestacy laws.Â
These laws determine the distribution of assets to your closest relatives, such as:
Without a will, the probate court will:
You want to make sure that your family is set up.
You don’t want the state to decide how to distribute your estate.
You don’t want your heirs to lose half of their inheritance to unnecessary taxes.
You don’t want family members who are disowned to get your assets.
You don’t want your estate to get stuck in probate for 12+ months.
Fill out the form below.
We will set your will up for you correctly so you don’t have to worry about ANY of this.
We run out of free consultations every month. Sign up to make sure you get your free consultation. (Free $350 value.)
You want to invest into your future. Whether that’s protecting yourself with a prenup, getting a fresh start with divorce, or setting up your estate. You deserve reliable attorneys who get results. Fill out the form above for your FREE consultation.
This website is for informational purposes only. It is not legal advice. Consult an attorney if you are seeking legal advice. Check out our privacy policy.