Estate Planning in Georgia
How to Avoid Probate in Georgia
Probate in Georgia takes 9 to 18 months and costs families an average of $15,000. Most people think they have a plan. Most do not.
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 9 to 18 months of court proceedings. Complex estates with rental properties, out-of-state real estate, a business, or family disputes can take two to three years. The average cost runs $15,000 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 Family Protection Audit to signing. The audit is $500, 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
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Melissa Designs Your Plan
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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 every plan at The Hive Law and handles every client consultation herself. Every plan is built from scratch for your specific family, your specific assets, and your specific wishes.
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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 helpful and professional in guiding us through the process of creating a Revocable Living Trust. Melissa and Shawn were thorough, answered all our questions, and made a potentially confusing process easy to understand.
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 after my father passed away. They were very thorough in explaining every step of the process. They made a difficult time much easier to navigate. I highly recommend The Hive Law for anyone needing estate planning services.
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 a great experience. They are very knowledgeable and took the time to explain all of our options. They made the process of setting up a trust simple and stress-free. I would highly recommend them to anyone needing 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!!
Frequently Asked Questions
No. A will tells the court who you want to receive your assets, but the court still oversees the transfer through the probate process. Having a will means your family goes through probate, just with a document guiding it. To avoid probate, assets must be held in a trust, have named beneficiaries, or be titled in a way that passes outside of the estate entirely.
Standard Georgia probate takes 9 to 18 months. Estates with rental properties, out-of-state real estate, a business, minor children, or family disputes can take two to three years. Each state where you own property at death opens its own separate probate proceeding, and nothing distributes until all of them close.
Yes. Georgia enacted the Transfer on Death Deed on July 1, 2024. A TODD lets you name a beneficiary directly on a piece of real property so it passes without probate. It is useful for simple situations but does not cover bank accounts, retirement funds, vehicles, or business interests. Most families need a more complete approach.
Each state where you own real property at death opens its own probate proceeding, called ancillary probate. You need attorneys in each state, pay court fees in each state, and wait for all proceedings to close before anything distributes. A revocable living trust avoids this entirely. Property titled in the trust passes directly to your beneficiaries in every state without court involvement.
No. A trust is a private document. Probate records, by contrast, are public. Anyone can look up what your family inherited and from whom. If privacy matters to you, a trust is the appropriate tool. A will that goes through probate becomes part of the public court file.
Funding means retitling your assets into the name of the trust. Your home goes from being titled in your name to being titled in the name of your trust. Bank accounts get retitled or updated with the trust as beneficiary. Retirement accounts name the trust or specific individuals as beneficiaries. A trust that exists on paper but has no assets in it does not avoid probate. Funding is what makes the trust work, and it is included in every engagement with The Hive Law.
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