Estate Planning in Georgia
How to Avoid Probate in Georgia
Probate in Georgia takes about 13 months and costs families an average of $14,700. Most people think they have a plan. Most do not.
Find Out Where You Stand
How to Avoid Probate in Georgia Without Leaving Your Family in Court
Georgia probate requires your family to file with the court, wait for the process to close, and pay court costs — all while your property sits frozen and accessible to the public record. A revocable living trust is the primary tool Georgia families use to transfer property directly to beneficiaries without court involvement. The Hive Law builds trust-based plans designed specifically to avoid Georgia probate.
What People Try — and Why It Falls Short
Most people assume they already have a plan that avoids probate. In most cases, they do not. Here are the four approaches families rely on — and what each one actually does.
A Will Does Not Avoid Probate
This is the most common misconception in estate planning. A will tells the court who you want to receive your assets. The court then oversees that transfer through the probate process. A will does not skip probate. It is the document that triggers it. Having a will means your family will go through probate — just with a document telling the court what to do.
Joint Tenancy Avoids Probate for the First Spouse. Not the Second.
Many couples own their home as joint tenants with right of survivorship (JTWROS). When the first spouse dies, the property passes directly to the surviving spouse without probate. That part works. But when the surviving spouse dies, the property is now solely in their name — and it goes through probate. JTWROS delays the probate problem by one generation. It does not solve it.
Beneficiary Designations Cover Accounts. Not Real Estate.
You can name a beneficiary on a bank account, retirement account, or life insurance policy. Those assets pass directly to the named person outside of probate. This works well for financial accounts. It does not apply to your home, rental properties, LLC interest, or any asset that has no beneficiary designation field. Most Georgia families have significant assets that cannot receive a beneficiary designation.
Georgia’s Transfer on Death Deed Is New. And Limited.
Georgia enacted the Transfer on Death Deed on July 1, 2024. A TODD lets you name a beneficiary directly on a specific piece of real property so it passes to that person without probate. This is useful for simple situations. It does not cover your bank accounts, retirement funds, vehicles, or business interests. A TODD solves one piece of the puzzle. Most estates have more pieces than that.
What Probate Costs When These Approaches Fall Short
When assets do end up in probate, Georgia families typically face about 13 months of court proceedings. Complex estates with rental properties, out-of-state real estate, a business, or family disputes can take about 25 months. The average cost runs $14,700 in court and attorney fees. If you own property in multiple states, each state opens its own separate probate proceeding, and nothing distributes until all of them close. Probate records are also public. Anyone can look up what your family inherited and from whom.
What Actually Works
There are three legitimate tools for avoiding probate in Georgia. The right answer for your family depends on what you own and how it is titled.
Option 1: Revocable Living Trust
A revocable living trust is the most complete solution. Assets held in the trust pass directly to your beneficiaries without any court involvement. Your successor trustee handles the distribution. No judge, no public record, no waiting period. The process typically takes weeks instead of years.
The trust avoids probate on every asset properly funded into it. This includes your home, rental properties, bank accounts, investment accounts, and business interests. The critical point: a trust that is not funded does not avoid probate. Every asset must be retitled into the trust, or connected to it, for the protection to hold. This is the step most estate planning firms skip. It is the step The Hive Law builds into every engagement through a dedicated funding session with Melissa.
Option 2: Transfer on Death Deed
If your estate is limited to one piece of real property and financial accounts with beneficiaries already named, a TODD covers the real estate piece. You record the deed with the county, name your beneficiaries, and the property transfers directly to them when you die.
The limitation is scope. A TODD covers one property. It does not coordinate with the rest of your estate. If you have multiple properties, financial accounts without named beneficiaries, or a business, you will still have assets that go through probate. A TODD is a useful tool. It is not a complete estate plan.
Option 3: Beneficiary Designations
Retirement accounts, life insurance, and bank accounts with a payable-on-death designation pass outside of probate automatically. Naming beneficiaries on every financial account you own costs nothing and should be done regardless of what else you have in place.
The gap: beneficiary designations do not apply to real estate, vehicles, or business interests. They also do not control the timing or conditions of a distribution. Money goes to the named person outright, regardless of age or circumstance. Beneficiary designations are one layer of a complete plan, not the plan itself.
How the Complete Solution Works
For most Georgia families, the answer is a revocable living trust coordinated with a pour over will, properly named beneficiary designations, and a TODD for any property outside the trust. These tools work together as a system. The trust is the anchor. Everything else connects to it.
The Hive Law’s Complete Family Trust Package includes the trust, a pour over will, a quitclaim deed transferring your home into the trust, a financial power of attorney, an advance healthcare directive, and a HIPAA authorization. It also includes a trust funding session where Melissa walks you through exactly what needs to be retitled, what to say to your bank, and how to verify everything is connected properly.
Every asset placed into the trust is guaranteed to avoid probate. If any asset goes through probate due to an error on our part, we handle probate at no charge.
What This Costs
The Complete Family Trust Package is $3,500. The process takes two to three weeks from the Design Meeting to signing. The Design Meeting fee is credited in full toward the package if you move forward.
*The fact that you read this far tells us something about you. You take this seriously. So do we.*
How It Works
A 15-Minute Call With Shawn
Tell us what is going on with your family. Shawn walks you through your options and what each one costs. Free.
The Design Meeting With Shawn and Melissa
In a 60-minute meeting, Shawn and Melissa review your assets, your family, and your goals together and confirm your price. This meeting is credited toward your plan if you move forward.
Review Every Document With Melissa
Before you sign, Melissa walks through every document with you in plain language. No legal jargon. No confusion about what you are signing.
Your Plan Is Complete
Melissa delivers your completed documents and explains exactly what your family needs to do. You leave knowing your plan is in place and your family is protected.
Melissa Breyer
Georgia Estate Planning Attorney
Melissa Breyer is a Georgia estate planning attorney who works exclusively on trust-based estate planning and LLC formation. She personally designs and drafts every plan at The Hive Law after the initial call. Every plan is built from scratch for your specific family, your specific assets, and your specific wishes.
121+ Five-Star Google Reviews
What Our Clients Say
After my father passed away, my mother had to rely on my father's employer to navigate the estate. It was a disaster. After this experience, I knew I needed a plan. I turned to The Hive Law to set up a trust. I no longer have to worry about my wife and children going through a difficult process if something happens to me. I highly recommend The Hive Law!
My biggest fear was that if I died first, my wife would have no idea how to navigate the estate and legal system. I reached out to The Hive Law and they put my mind at ease immediately. Their process is easy to follow and they took care of everything. The Hive Law is the best decision I've made for my family's future.
Working with Melissa Breyer to set up our Living Trust was a wonderful experience. She and her entire team were knowledgeable, professional, and made the whole process easy to understand. I highly recommend The Hive Law for all your estate planning needs!
We highly recommend Hive Law. They were extremely patient and responsive, answering our many rounds of questions regarding trusts and estate planning. Shawn consistently responded the same day we sent our questions, even while his family was on vacation, which we greatly appreciated. Shawn was also always available to discuss matters by phone whenever we needed additional clarification on the options we were considering. Both are very knowledgeable in estate planning, and we would confidently recommend Hive Law to friends and family.
The Hive Law made the entire estate planning and trust process easy to understand and stress-free. Melissa and Shawn walked us through every step and answered all of our questions. We feel confident that our family is protected. Highly recommend!
My mom chose The Hive firm to help with estate planning and developing a trust to protect her assets. I sat in on her meeting with Melissa, and Melissa did a great job of simplifying complex legalese into easily understood concepts. Shawn was very quick to get us our documents and all steps in the process were clear and easy. They make a great team and we are thankful for their help!
I used The Hive Law to help me create a trust for my family. The process was straightforward and Melissa and Shawn made sure I understood each step. They were responsive to all of my questions. I feel much more confident about my family's future now. Highly recommend!
Working with Shawn and Melissa at The Hive Law has been an excellent experience. They were one of three firms we contacted, but she made the strongest impression during our initial call. They asked great questions to understand our situation and clearly explained what we needed to put in place. We initially had some reservations about their fully virtual approach, but those concerns were quickly put to rest. After the first two calls, it was clear how easy they are to work with and how well connected we felt. Communication has been clear, organized, and reassuring throughout the process. Shawn and Melissa are professional, approachable, and thorough. We feel confident we're in good hands and highly recommend The Hive Law for estate planning.
The Hive Law Firm, and specifically Melissa, has been wonderful to work with during our estate planning process. She is knowledgeable, patient, and thorough. She answered all of our questions and made the process easy to understand. I highly recommend The Hive Law!
Shawn and Melissa were amazing to work with! My partner and I recently bought a house and wanted to get important things like wills, healthcare directives, etc. set up. They were incredible at answering all our questions and working with us to make sure we felt confident in all of the legal aspects. Having tried to do this online before with one of the DIY tools, it was just an amazing experience to get to talk through what we wanted with a knowledgeable human and have them take care of the details.
Hive Law was awesome to work with! Melissa and Shawn explained everything, kept things stress-free, and were always quick to respond to my questions. They made the whole process simple and smooth from start to finish. Highly recommend if you want a team that's knowledgeable but also easy to work with.
I lost my father in February of this year without any estate planning in place. The process of dealing with the probate court has been overwhelming and expensive. After this experience, I contacted The Hive Law to set up a trust so my children never have to go through what I've been through. Melissa and Shawn were compassionate, knowledgeable, and made the entire process simple. I highly recommend The Hive Law!
I used to know the bare minimum about probate and trust. I first encountered Shawn Breyer on Facebook. He was offering a webinar that I watched. That gave me a better understanding of probate versus trust. I was impressed enough to have him and his wife represent me. I had my initial one on one interview with Melissa Breyer, it went smoothly and she made everything clear. We are now proceeding with getting a revocable trust in place.
The Hive Law has been amazing throughout the process of setting up our trust. Every detail is considered and no stone is left unturned. They have been easy and enjoyable to work with. I would absolutely recommend them! Don't let your estate be turned over to Probate!!
The Hive Law helped us set up a revocable trust. Their webinar is great for answering any questions you may have, to clarify and avoid probate. Get in touch with them right away, you won't be disappointed.
Melissa was great! She gave me an honest review of my future plans that I already have in place. Turns out, I already had my ducks in a row!!! She was a pleasure to talk with!!
For several years now I have been thinking about having a will drawn up, but continued to procrastinate until an older sibling had a medical situation occur which none of the family was prepared for. This was the determining factor for me to get it done. We never know when an emergency medical situation could arise and I didn't want my other siblings to be scrambling around trying to figure things out in the event I couldn't make any decisions for myself, or God forbid I pass away. My attorney (Melissa), was very funny and made the whole experience quite entertaining. She listened to what I wanted and explained the type of plan I needed. Thanks Melissa & Shawn for making the process an enjoyable experience.
The Hive Law Firm did an excellent job helping my mother-in-law with her estate plan. The process felt overwhelming at first, but their team walked us through every step with compassion and professionalism. They listened to our concerns, explained things in simple terms, and made sure our mother's wishes were honored. We're very grateful for their guidance.
The Hive Law firm did an outstanding job helping my family members with their estate planning. They made the process clear, smooth and stress free. Truly professional and caring team, highly recommend!
The whole process of creating a family trust felt simple, clear, and stress-free. We really appreciated how patient, helpful, and easy to communicate with the team was throughout everything. Shawn and Melissa gave us great guidance and helped us feel confident every step of the way. We're grateful for their support and would definitely recommend them.
Frequently Asked Questions
No — this is the most common misconception in estate planning. A will tells the court who should receive your assets, but the court still has to oversee that transfer through the probate process. A will is the document that triggers probate, not one that skips it. Only a properly funded revocable living trust avoids probate entirely.
It does, but only for the first spouse who dies — the property passes directly to the survivor without probate. Once that surviving spouse dies, though, the property is solely in their name and goes through probate like any other asset. Joint tenancy delays the probate problem by one generation; it doesn’t solve it.
It solves probate for one piece of real property, but nothing else. A TODD, in effect since July 1, 2024, lets you name a beneficiary directly on a specific property so it passes without probate. It doesn’t cover bank accounts, retirement funds, vehicles, or business interests — so most Georgia families with more than one type of asset still end up in probate for the rest of their estate.
A typical Georgia probate runs about 12 to 18 months and costs around $14,700 in court and attorney fees — roughly 3% to 8% of the estate. Complex estates with rental properties, out-of-state real estate, or family disputes can take closer to 25 months. If you own property in more than one state, each state opens its own separate probate proceeding, and nothing distributes until every one of them closes.
A will directs probate; a properly funded revocable living trust skips it. Assets titled into the trust pass directly to your beneficiaries through your successor trustee — no judge, no public record, no waiting period, typically weeks instead of months or years. The key word is “funded” — a trust that assets were never actually retitled into does not avoid probate, which is the step most firms skip and The Hive Law builds into every plan through a dedicated funding session.
Beneficiary designations are worth doing regardless — they cost nothing and let retirement accounts, life insurance, and payable-on-death bank accounts pass outside probate automatically. But they don’t apply to real estate, vehicles, or business interests, and they don’t let you control the timing or conditions of a distribution — the money goes to the named person outright, at whatever age they are. For most families, designations are a helpful piece of the plan, not a replacement for a funded trust.
Find Out Where You Stand
You’ve been meaning to do this for a while now. That’s normal. Most families wait until something happens, then wish they hadn’t.
A 15-minute call tells you exactly what you have, what’s missing, and what your family needs next. No paperwork, no obligation, just a straight answer.
- No sales pitch. Just a straight answer about where you stand.
- No confusing terms. We explain everything in plain English.
- A real next step. You’ll know exactly what to do when we hang up.