Assets That Are Exempt from Georgia Probate
Life Insurance With a Named Beneficiary
A life insurance policy with a named living beneficiary (not “the estate”) passes entirely outside of probate. The beneficiary files a claim with the insurance company, submits a death certificate, and typically receives payment within 30 to 60 days. No court involved. No attorney required.
The exception: if the policy names “the estate” as the beneficiary — or if the named beneficiary died before the policy owner and was never updated — the proceeds become part of the probate estate and go through the full court process.
Retirement Accounts With a Named Beneficiary
IRAs, 401(k)s, 403(b)s, SEP-IRAs, pensions, and similar accounts with a named living beneficiary transfer directly to that beneficiary at death, outside probate. The beneficiary contacts the plan administrator, submits a death certificate, and the account is transferred or distributed.
Naming “the estate” as beneficiary — intentionally or because the beneficiary designation was never set up — pulls the entire account into probate and eliminates the stretch IRA tax advantages that a properly named individual beneficiary would have had.
Bank Accounts With a Payable-on-Death Designation
A bank account with a payable-on-death (POD) beneficiary designation transfers to the named person when they present a death certificate to the bank. The account balance passes immediately, without probate. The POD designation overrides what the will says — the will has no effect on a POD account.
A standard checking or savings account with no POD designation is a probate asset, regardless of how long the account has existed or how much is in it.
Investment Accounts With a Transfer-on-Death Designation
Brokerage accounts, mutual fund accounts, and taxable investment accounts can carry a transfer-on-death (TOD) designation. A TOD account transfers to the named beneficiary outside probate, the same way a POD bank account does.
Most financial institutions allow TOD designations to be added at any time. An account without a TOD designation is a probate asset even if the owner intended for someone specific to receive it.
Property Held in Joint Tenancy With Right of Survivorship
When two or more people hold property in joint tenancy with right of survivorship (JTWROS), the surviving joint owner automatically becomes the sole owner at the death of the other. No court filing. No probate. The surviving owner records an affidavit of survivorship with the deed, which updates the public record.
This is the most common way Georgia married couples hold real estate. It works cleanly for two-person ownership with a clear surviving spouse — but it does not control what happens when the surviving spouse later dies, and it does not allow conditional distributions to children or grandchildren.
Georgia Transfer-on-Death Deeds (Effective July 1, 2024)
Beginning July 1, 2024, Georgia law under O.C.G.A. §§ 44-17-2 and 44-17-3 allows real estate owners to record a Transfer-on-Death Deed that names a beneficiary to receive the property at death — without probate.
The deed is signed and recorded now but takes effect only at death. During the owner’s lifetime, the named beneficiary has no rights to the property. The owner can sell the property, mortgage it, or revoke the deed at any time.
A TOD deed is a useful tool for a single property with a clear beneficiary. Its limitations: it only covers that specific property (each property requires its own deed), it does not allow conditional distributions, and it does not address any other asset in the estate.
Assets Held in a Revocable Living Trust
Every asset properly retitled into a revocable living trust passes to beneficiaries according to the trust terms — no court filing, no public record, no probate. The successor trustee administers the distribution directly after death, typically within 30 to 60 days.
A trust covers all asset types under one plan: real estate, bank accounts, investment accounts, business interests, personal property, and out-of-state property. It also allows conditions on distributions — age requirements, milestone triggers, staggered releases — that no other tool provides.
The trust must be properly funded to work. An asset not retitled into the trust — even if the trust document exists and is signed — remains a probate asset. The funding step is where most DIY trusts fail. For more on how this works, see Revocable Living Trust.
Assets That Are NOT Exempt — Common Misconceptions
A Will Does Not Exempt Assets From Probate
This is the most important misconception. A will does not exempt anything from probate. A will is a document that goes through probate — it tells the court how to distribute assets. Every asset titled solely in the deceased’s name, with no direct transfer mechanism, goes through probate whether or not there is a will.
Joint Bank Accounts (Without Survivorship Language)
Not all jointly held accounts include a right of survivorship. Some accounts are held as tenancy in common, where each owner’s share passes through their own estate at death rather than to the co-owner. Check the account ownership type — a jointly held account without explicit survivorship language may not transfer automatically.
Real Estate With No Transfer Mechanism
A house titled solely in one person’s name — with no joint owner, no TOD deed, and no trust — is always a probate asset in Georgia. Real estate cannot be sold, refinanced, or transferred without court authorization once probate opens. This is the most common probate trigger for Georgia families.
Vehicles Titled in One Name
A vehicle titled solely in the deceased’s name is a probate asset in Georgia. The title cannot be transferred without probate authorization. Georgia does allow vehicle owners to designate a beneficiary on the title in some cases — check with the DMV for the specific process.
The Gap That Pulls Assets Back Into Probate
Most families who think they have planned ahead have done some planning — but not enough. They named beneficiaries on the IRA. They set up a POD on the savings account. But the house was never retitled. The checking account was opened before POD designations were common and was never updated. A taxable brokerage account has no TOD on file.
Even one asset with no direct transfer mechanism triggers full probate. The court process opens, the nine-month minimum begins, and the family waits — even though 80% of the estate would have transferred immediately.
The only tool that covers every asset type under one plan, including real estate, is a properly funded revocable living trust. For a full comparison of all available options, see How to Avoid Probate in Georgia.
To understand what probate costs for the assets that do fall through, see How Much Does Probate Cost in Georgia?
To understand whether your specific estate will require probate, read Do All Estates Have to Go Through Probate in Georgia?
