How To Avoid Probate In Georgia

How To Avoid Probate In Georgia

Click To Get Started Now>>

Georgia probate can be tough to figure out.

Avoiding probate means:

  • your family gets their assets faster
  • there’s less family conflict
  • the government keeps their dirty hands out of your property
  • creditors and lawsuits can’t access your property

We’ll show you the ways to avoid probate to make it easier on your family.

Understanding Probate and Its Implications

First, let’s look at:

  • what probate is
  • why you should avoid it

What is Probate?

Probate is when:

  • your will gets validated
  • debts get paid
  • assets get distributed

The biggest issues we see people face are:

  • it’s overwhelming and time consuming
  • siblings have disputes
  • creditors need to get paid

Why Avoid Probate?

The probate process transfers assets in the estate to the heirs. 

Reasons you might want to avoid probate are: 

  • Time Consuming: Probate takes 6 – 18 months to complete. We can transfer assets immediately upon death
  • Costs: The cost of probate is 3% of the estate’s value. We can keep assets out of probate, reducing this cost.   
  • Privacy: Probate is public, meaning anyone can see your estate’s assets and beneficiaries. We make sure your info remains private.
  • Disputes: “Probate is like divorce for siblings.” We set up your estate so that there is no room for contesting wills, estate litigation, or disputes.  

Fill out the form on this page to talk to our lawyers. 

We make sure that your estate: 

  • transfers to your beneficiaries immediately 
  • can skip probate entirely 
  • is not available for public records
  • does not get caught up in legal disputes
  • is not accessible to creditors and lawsuits

Ways To Transfer Assets Without Probate

This digs into the different ways to avoid probate.

MethodDescriptionCommon Uses
Joint Ownership with Right of SurvivorshipWhen one owner passes, the other owner(s) automatically get their share.Real estate, bank accounts, etc.
Tenancy by the EntiretyWhen one spouse passes, the surviving spouse automatically gets their share.Real estate for married couples.
Beneficiary DesignationsProceeds go directly to the named beneficiary upon the policyholder's death.Life insurance policies, IRAs, 401(k)s, and pensions.
Payable-on-Death (POD) & Transfer-on-Death (TOD) AccountsFunds transfer directly to the named beneficiary upon passing.Savings accounts, checking accounts, CDs, stocks, and bonds.
Revocable Living TrustAssets are distributed to beneficiaries as specified in the trust.Real estate, bank accounts, investments, and personal property.
Small Estate AffidavitHeirs claim assets with a sworn statement, avoiding full probate.Small estates below $10,000 in Georgia.
GiftsOwnership is transferred during the giver's lifetime, so the assets don’t go through probate.Cash, real estate, and personal property.
Transfer-on-Death DeedReal estate is transferred to the named beneficiary upon the owner’s death without probate.Real estate property.

Your options for transferring assets outside of probate are: 

  • Joint Ownership with Right of Survivorship: When one owner passes, the other owner(s) automatically get their share. 
  • Tenancy by the Entirety: When one spouse passes, the surviving spouse automatically gets their share.
  • Beneficiary Designations: Proceeds go directly to the named beneficiary upon the policyholder’s death. 
  • Payable-on-Death (POD) & Transfer-on-Death (TOD) Accounts: Funds transfer directly to the named beneficiary upon passing. 
  • Revocable Living Trust: Assets are distributed to beneficiaries as specified in the trust, bypassing probate. 
  • Small Estate Affidavit: Heirs claim assets with a sworn statement, avoiding full probate. 
  • Gifts: Ownership is transferred during the giver’s lifetime, so the assets don’t go through probate. 
  • Transfer-on-Death Deed: Real estate is transferred to the named beneficiary upon the owner’s death without probate.

Click To Get Started Now>>

Setting Up Your Plan To Avoid Probate

This talks you through setting up your plan.

Consult with an Estate Attorney

You have to set up your estate to avoid probate BEFORE you pass.

A probate lawyer can’t help you avoid probate if it’s not set up right.

Fill out the form on this page to have your estate plan set up.

We can set up your entire estate to skip probate completely.

Regularly Update Your Estate Plan

We will also make sure that your estate plan remains up to date.

Your estate plan becomes outdated when you:

  • change companies (retirement plans)
  • move into a new house
  • start a business
  • get divorced or remarried
  • have a new child

When your plan is not up to date, you create more conflict on the back end.

Understand the Limitations

There are limitations to this when it’s not set up right.

Some issues we often see as probate lawyers are:

  • people forget to add assets to the estate plan
  • there are legal disputes between heirs
  • personal property still needs probate (i.e., jewelry, furniture, etc.)
  • estate plans are not up to date
  • wills, trusts, and beneficiary designations conflict each other

We will make sure:

  • all your documents are aligned
  • your estate plan is up to date
  • we account for personal property

This makes sure your property stays out of probate courts.

Set Up Your Estate To Skip Probate Today

Fill out the form to start your estate plan today.

We make sure that your estate avoids probate so that:

  • the government doesn’t decide who gets what
  • you minimize taxes the government takes
  • creditors and lawsuits can’t access your property
  • there’s less conflict between your kids

Talk soon. 

"*" indicates required fields

Name*