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Why You Should Avoid Probate in Georgia

Posted by Joel Beck | Jun 09, 2023 | 0 Comments

Estate planning and probate law in Georgia might initially appear complex and overwhelming due to its extensive legal terminologies and intricate processes. At Peach State Wills & Trusts, we make it our priority to demystify this complexity for you. The crucial question we often hear from our clients is, "Why should I avoid probate in Georgia?"

Decoding Probate

Probate is a legal process initiated after an individual's death, focusing on the administration of their estate, including the distribution of assets. The court authorizes a representative, often called an executor, to manage the affairs of the deceased. This representative oversees the allocation of assets, which is carried out as per the deceased's will. However, certain properties may bypass the probate process, passing directly to a co-owner or through a beneficiary designation. It's key to understand the intricacies of probate in Georgia and how to prepare an estate plan that can withstand the scrutiny of the probate court.

This process, while thorough, can be time-consuming, potentially taking anywhere from half a year to a year and a half, and this duration varies from county to county within Georgia. It's worth noting that probate is a public procedure, meaning that any documents filed in court are accessible to the general public.

Why Avoid Probate?

While it might initially seem like a standard and straightforward process, there are several reasons why you might prefer to sidestep probate.

  • Time Efficiency: When you bypass probate, you effectively eliminate the lengthy delays associated with this process. Even a basic case can take about six months at a minimum, so if your aim is to enable your loved ones to access your assets faster, it would be wise to consider avoiding probate.
  • Privacy: For those who prefer to keep their affairs private, avoiding probate is certainly the route to take. As mentioned before, probate is a public process, and any documents you file are open to public viewing.
  • Minimize Challenges: Choosing to avoid probate can also aid in reducing the likelihood of disputes arising over your estate. While it's true that trusts can be challenged, it's generally harder to overturn them, particularly the longer they've been in operation.
  • Cost Effectiveness: Finally, while probate court costs in Georgia may not be exorbitantly high, avoiding probate can still save you from incurring these fees.

Is It Necessary to Avoid Probate?

The necessity of avoiding probate is not universal. If the factors mentioned above do not concern you, you may not need to bypass the probate process. Don't forget, this is a process that effectively and consistently handles will administration in Georgia.

However, if any of these reasons resonate with you, it could be beneficial to design an estate plan that sidesteps probate. This could involve opting for a revocable living trust plan, which must be properly funded and operated.

Contact Peach State Wills & Trusts to Navigate Estate Planning and Probate

While navigating the intricacies of estate planning and probate can certainly be challenging, it is a critical step for ensuring peace of mind for you and your loved ones. If you're considering bypassing probate in Georgia, or if you require guidance on any other aspect of estate planning, we are always here to assist. Our friendly and experienced team at Peach State Wills & Trusts is more than willing and prepared to help you with your unique estate planning needs. 

Contact Peach State Wills & Trusts at (678)-344-5342 to learn how to avoid probate in Georgia today.

If you have any questions about estate planning in Georgia, you can download our free guide here, no strings attached.

About the Author

Joel Beck

Joel Beck founded The Beck Law Firm, LLC in 2007. His firm focused on business law and estate planning needs of clients, two areas that he was drawn to based upon personal and business experiences in his life, including a ten-year career at NASD (now known as FINRA).


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At Peach State Wills and Trusts, a division of The Beck Law Firm, LLC, we're committed to answering your questions about wills, trusts, powers of attorney, healthcare directives, uncontested probate, and business planning issues in Georgia.

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