Avoiding Probate in Georgia: What You Need to Know

Every person that has ever lost a loved one knows that the grieving continues even after the person has died. The problem is that during this process, they’ll have to deal with troublesome legal issues – and by this, we mean the probate. What is probate, and what can you do to avoid it? This article will provide you with the basics of what probate is - and how you can avoid probate in Georgia.

What Is Probate?

In Georgia, whenever someone dies and leaves only a will behind (and some people die without a will!), the estate needs to go through a legal process called probate. During this court process, the state of Georgia will step in and make sure that the debts of the deceased are paid and that the remaining assets are distributed correctly to the deceased’s heirs. 

The process is typically not only time-consuming but also costly and stressful. With that in mind, probate is not always required in Georgia, and there are certain actions you can take that might help you avoid the process altogether. You just need to take some preventive estate planning steps beforehand so that your loved ones don’t go through too much trouble. 

Things You Can Do to Avoid Probate in Georgia

Probate is easy to avoid, but many people fail to take proactive steps to avoid probate. One of the most efficient ways to avoid probate in Georgia is to create a living trust for your estate. You can place your assets in your trust, and then you name the beneficiary (or beneficiaries) who will receive the assets upon your death. If the trust has been funded by you during your lifetime, then your loved ones will not be subjected to the court probate process. 

Another thing you can do is to name a beneficiary outside your will. For instance, a bank account may have someone listed as a payable person upon the recipient’s death. A ‘transfer on death’ deed may also be added to that, which means they won’t need to be included in the probate. 

Adding someone as a joint owner to your bank account or to a real estate deed will also avoid probate, if the account is owned as joint tenants with rights of survivorship (and not as tenants in common).

What Is a Living Trust?

A living trust is a legal act that places all of your assets inside a trust. These assets may be used anytime by you during your lifetime, but at your death, it gives your beneficiaries the right to claim the assets without having to go through probate. It’s different from a will, where you only express the wish for that to happen. While the will may be ignored upon death by potential successors, a trust cannot.

Benefits of a Living Trust in Georgia

There are certain advantages that a living trust brings to the table, including: 

• It Helps Avoid Probate:
  Even if there’s a valid will, your beneficiaries still need to go through probate. With a living trust, they can avoid probate court.

• It Saves Money:
  Probate can be very expensive, even if everything goes smoothly. A trust can help you save money by avoiding probate altogether.

• It Offers Privacy:
  When there is no probate, your assets will be publicly handled and distributed by the state. However, with a living trust, matters will be handled privately.

Probate may be avoided in Georgia, but certain steps need to be taken beforehand. While not a lot may be done after the person has deceased, they may arrange for a living trust beforehand. This way, upon their passing, things can be handled smoothly, without the hassle, cost and time of probate. 

About SmithTaire Legal: Your Trusted Legal Partner  in Georgia

If you need help with avoiding probate or creating a living trust to protect your loved ones after you are gone, contact your trusted legal partner, the team at SmithTaire Legal. Our virtual office is open and we can help you via telephone, email, FaceTime, Zoom, DocuSign and other tools. 

Schedule an appointment with us today at 678-253-8133 to discuss your situation.