Normally, when someone passes away without leaving behind a will (or has property and assets not named in their will), their estate must go through an in-court process called probate. At this point, the court will handle your loved one’s debts, assets, taxes, etc. and apply state laws to dividing property, paying outstanding balances, and so on.
Avoiding Probate in Georgia
Generally, probate requires months in court and more than most families want to pay in legal costs, court fees, etc. In most states, you can’t skip probate when a loved one dies without a will. However, things are different in the state of Georgia. Generally, there are a few reasons you may be able to circumvent probate proceedings:
- All the heirs agree on how intestate property, debts, etc. should be handled. (“Intestate” refers to that which is not included in a will.)
- Property left behind was owned in a joint tenancy. In such circumstances, the asset or property in question will pass completely to the other owner.
- There is a named beneficiary for your loved one’s life insurance policy payouts or benefits.
- Your loved one established and held their assets in a revocable living trust.
There are a number of ways you may be able to avoid the protracted, tedious proceedings of probate—but you can’t do any of them alone. Bringing in an experienced probate attorney familiar with Georgia laws will prove essential to the speed, success, and relative ease of resolving your probate matter.
