The Hive Law
Probate Attorney in Atlanta, Georgia
When someone dies in Georgia, probate court takes 9 to 18 months and costs the average family $15,000 in court and attorney fees. The Hive Law helps Georgia families avoid it before it happens.
How Georgia Probate Actually Works — and How Long It Really Takes
Georgia probate takes nine to eighteen months. During that time your family cannot sell the house, access the bank accounts, or receive their inheritance. Everything is public. The Hive Law handles the probate filing, the creditor notices, the asset distribution, and the court hearings so your family does not have to learn probate on the worst week of their life.
What Is Probate in Georgia?
Probate is the legal process a Georgia court uses to validate your will, pay your debts, and distribute your assets after you die. It is managed by the probate court in the county where you lived. Every Georgia county has its own probate court with its own docket, timelines, and fees.
The process requires an executor to file your will, notify creditors, publish a public notice, wait for claims, and eventually distribute what is left. Nothing passes to your family until the court signs off. That takes 9 to 18 months in Georgia for a standard estate. Complex estates with rental properties, business interests, blended families, or out-of-state real estate routinely take 30 months or more.
What Does Probate Cost in Georgia?
The average Georgia probate costs about $15,000 in court and attorney fees. Complex estates can run $35,000 or more. These fees are paid from the estate before your family receives anything.
Court filing fees, executor fees, attorney fees, and accounting fees add up quickly. In some cases the fees exceed the value of the assets in the estate. Your family pays those fees from the estate, not from their own pockets, but that still reduces what they receive.
Why a Will Does Not Avoid Probate
Many Georgia families believe a will keeps their estate out of court. It does not. A will is a set of instructions for the probate court. The court reads your will, validates it, and then supervises the distribution. A will directs probate. It does not avoid it.
When your will goes through probate it becomes a public record. Anyone can search the courthouse files and see what you owned, who you left it to, and how much. Creditors, predatory vendors, and estranged relatives can all see this information.
How a Revocable Trust Avoids Probate
A revocable living trust holds your assets during your lifetime and transfers them to your family after you die without going through probate court. When you die, your successor trustee distributes assets directly to your beneficiaries according to the trust terms. There is no court filing. There is no waiting period. There is no public record.
The Hive Law guarantees that every asset placed into your trust avoids probate. If any asset goes through probate because of an error on our part, we handle it at no charge.
What Happens If You Own Property in Multiple States
If you die owning real estate in another state and you only have a will, your family does not open one probate. They open one in Georgia and one in each state where you own property. Each probate requires its own attorney, its own court filings, and its own timeline. Nothing distributes until every probate closes.
One properly funded revocable trust eliminates all of them. Your successor trustee handles every state from a single document.
Avoid Probate Before It Happens
The most effective probate strategy is the one you create before you need it. A revocable living trust keeps your assets out of court and transfers them to your family without a waiting period.
Protect Your Assets While You Are Alive
Incapacity, nursing home costs, and creditor claims can affect your estate before you die. These documents protect your assets and your decision-making authority when you cannot speak for yourself.
Start with a Family Protection Audit
Not sure where you stand? The Family Protection Audit is a 60-minute call with attorney Melissa Breyer. She reviews your assets, identifies your probate exposure, and shows you exactly what you need.
Planning For Your Specific Situation
If you own rental properties or a business, your situation has layers a standard estate plan does not address.
The Difference a Trust Makes
Going Through Probate
- Court filing, creditor notices, waiting periods
- Public record anyone can search for what you owned
- 9 to 18 months before your family receives anything
- $15,000 average cost paid from the estate
- Multiple probates if you own out-of-state property
- Court controls the timeline, not your family
With a Funded Trust
- No court involvement, trust controls distribution
- Private, no public record of your assets or heirs
- Family receives assets in weeks, not months
- No court fees or probate attorney fees at death
- One trust covers all states where you own property
- Your successor trustee follows your exact instructions
How It Works
Schedule Your Family Protection Audit
Book a 60-minute call with Melissa. She reviews your assets, your family situation, and where you are currently exposed.
Melissa Designs Your Plan
She builds your estate plan from scratch based on your specific assets and family. You get an exact quote before you commit to anything.
Review Every Document With Melissa
Before you sign, Melissa walks through every section of your trust with you in plain language. No legal jargon. No confusion about what you are signing.
We Fund and Finalize Everything
We retitle your property, verify every account is correctly aligned with your trust, and make sure your successor trustee knows exactly what to do when the time comes.
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.
105+ Five-Star Google Reviews
What Our Clients Say
After my father passed away, my mother had to rely on me and my brother for everything. Dad never set up a trust. It took over a year to sort through probate, and during that time, Mom couldn't access most of their money without our help. I promised myself I would never put my wife in that position. This firm set us up with a trust package that does exactly that. My wife is fully protected. She can access every account, manage every asset, and make every decision on her own from day one. No court involvement. No asking anyone for help. My wife said it's the first time she's felt confident about what would happen if I wasn't here. That alone was worth it.
My biggest fear was that if I died first, my wife would be stuck trying to figure everything out alone. We have accounts at multiple banks, a brokerage account, life insurance, and a house. We got our trust package done with this firm and that fear is gone. Everything is structured so that if something happens to me, she steps right in. No court. No waiting. She will be financially stable and fully in control from day one. They also helped us set up power of attorney and healthcare directives. If you're in the Atlanta area, don't wait.
We had an outstanding experience working with Melissa Breyer to create our Living Trust. From start to finish, she was knowledgeable, professional, and incredibly easy to work with. She took the time to clearly explain every step of the process, answered all of our questions with patience, and made what could have been a complicated task feel straightforward and stress free. We are so grateful for her help and couldn't be happier with the outcome.
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. Melissa was always available to discuss matters by phone whenever we needed additional clarification. Both are very knowledgeable in estate planning, and we would confidently recommend Hive Law to friends and family.
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.
The Hive Law made the entire estate planning and trust process clear, organized, and easy to understand. They took the time to explain everything in detail whether by email or over the phone. Their team was professional, responsive, and truly cared about helping us protect our family and assets. Melissa and Shawn are very nice, patient, and easy to talk to. I highly recommend The Hive Law to anyone looking for knowledgeable and trustworthy estate planning services.
Frequently Asked Questions
Probate is the court process Georgia uses to validate a will, pay debts, and distribute assets after someone dies. It is managed by the probate court in the county where the person lived. The process takes 9 to 18 months for a standard estate and requires court filings, creditor notices, and a judge approval before any assets transfer to the family.
The average Georgia probate costs about $15,000 in court fees and attorney fees. Complex estates with rental properties, business interests, or out-of-state real estate can cost $35,000 or more. These fees are paid from the estate before your family receives anything.
No. A will is a set of instructions for the probate court, not a way around it. When you die with a will, the court reads it, validates it, and supervises the distribution. A will directs probate. It does not avoid it. It also becomes a public record that anyone can search.
A revocable living trust holds your assets and transfers them to your family after you die without going through court. Your successor trustee distributes assets directly according to the trust terms. There is no court filing, no waiting period, and no public record. The Hive Law guarantees every asset placed into your trust avoids probate.
If you die owning real estate in another state without a trust, your family must open a separate probate in each state where you own property. Each one requires its own attorney and its own timeline. Nothing distributes until every probate closes. One funded revocable trust eliminates all of them.
The right time to plan is before a health event forces the decision. Once you are incapacitated or in a hospital, your options narrow significantly. The Hive Law can typically complete a full estate plan in 2 to 3 weeks from the initial audit to document signing.
Ready to Protect Your Family?
Schedule your 60-minute Family Protection Audit with Melissa. $500, credited toward your estate plan.
Book Your Family Protection AuditNot Ready Yet?
Join our free live webinar to learn what every Georgia family needs to know about protecting their home, their savings, and their family.
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