Detailed answer — how Georgia divides probate and non‑probate assets

This section explains how Georgia handles different kinds of property after someone dies. It assumes no will or a will that must be probated. If a will exists, probate is usually required for assets in the decedent’s sole name unless the asset itself names a beneficiary or is otherwise non‑probate.

What typically goes through probate (court administration)

• Assets titled only in the decedent’s name — Real estate, bank accounts, vehicles, and personal property held solely in the deceased person’s name usually require probate to transfer title to heirs or beneficiaries.
• Assets governed by a will — If the decedent left a will, probate is normally the process the court uses to validate the will and implement its directions.
• Assets without a beneficiary or joint owner — Anything without a beneficiary designation, payable‑on‑death (POD) or transfer‑on‑death (TOD) mechanism, or joint‑owner with right of survivorship will likely be part of the probate estate.
• Personal effects and property disputes — Items that family members dispute or that require court action (claims by creditors, will contests) will be handled during probate.

Probate in Georgia is governed by the probate statutes in the Official Code of Georgia Annotated (O.C.G.A.), which outline the duties of the personal representative, notice and creditor claims, and distribution rules. For intestate estates (no valid will), see the intestacy statute at O.C.G.A. § 53-2-1: https://law.justia.com/codes/georgia/2020/title-53/chapter-2/section-53-2-1/

What commonly passes directly to survivors (non‑probate assets)

• Joint tenancy with right of survivorship — Property held as joint tenants with right of survivorship automatically transfers to the surviving joint tenant(s) at death. This usually applies to real estate and some bank accounts.
• Payable‑on‑death (POD) and transfer‑on‑death (TOD) accounts — Bank accounts, brokerage accounts, and some securities that name a payable‑on‑death or transfer‑on‑death beneficiary pass directly to the named beneficiary without probate.
• Life insurance — Proceeds paid to a named beneficiary generally do not go through probate. If no beneficiary survives, proceeds may become part of the probate estate.
• Retirement accounts (IRAs, 401(k)s) — Accounts that name a beneficiary (or have designated beneficiaries) pass to those beneficiaries outside probate.
• Revocable living trusts — Assets properly titled in a revocable trust at death are distributed by the successor trustee under the trust terms and do not go through probate.
• Assets with a beneficiary deed or TOD deed (where available) — Some states allow beneficiary or transfer‑on‑death deeds for real estate. If used and valid under Georgia law, such deeds can avoid probate for the property named.

Georgia courts and probate rules acknowledge these non‑probate transfers. For general probate court information in Georgia, visit the Georgia Courts site: https://georgiacourts.gov/

Special rules and practical points in Georgia

• Small estates — Georgia offers simplified procedures for some smaller estates that can reduce time and court involvement. The exact thresholds and procedures can change, so check current Georgia probate court rules or ask the local probate court for guidance.
• Surviving spouse rights and intestacy — If there is no will, Georgia’s intestacy rules determine who inherits (see O.C.G.A. § 53-2-1). A surviving spouse frequently receives a significant share of the estate under these rules: https://law.justia.com/codes/georgia/2020/title-53/chapter-2/section-53-2-1/
• Creditors’ claims — Probate gives creditors a formal window to make claims against the estate. Non‑probate assets that pass outside probate may still be reachable by creditors in some circumstances, but the probate process itself is the primary mechanism for creditor claims in many cases.
• Title and record changes — Even if an asset passes outside probate (for example, to a beneficiary on a life insurance policy), beneficiaries often must provide certain documents (death certificate, beneficiary claim forms) to obtain payment or retitle property.

Example scenarios

Example 1: Jane owned a house in her name alone and left a will naming beneficiaries. The house will usually go through probate so the court can confirm the will and transfer title to her heirs.

Example 2: Mark had a bank account with a POD beneficiary and a 401(k) naming his daughter as beneficiary. Those assets typically move directly to his daughter without probate.

When to consult the probate court or an attorney

If an estate includes both probate and non‑probate assets, or if titles and beneficiary designations are unclear, contact the local Georgia probate court for procedural rules and filing requirements. If disputes arise (will contests, unclear beneficiary designations, creditor issues), speaking with a lawyer who handles Georgia probate and estate matters will clarify next steps.

Important note: This article describes common rules and typical outcomes under Georgia law. Specific results depend on facts, how property is titled, and current statutes and court rules. For official processes and forms, use your local probate court website or the Georgia Courts site: https://georgiacourts.gov/

Helpful Hints

• Make a list of all assets and how each is titled (sole name, joint ownership, trust, beneficiary named).
• Check beneficiary designations on life insurance, retirement accounts, and bank or brokerage accounts. If there’s no valid beneficiary, the asset may become part of probate.
• Look for a living trust and check whether assets were retitled into the trust; funded trust assets usually avoid probate.
• Contact the local Georgia probate court early to ask about small‑estate procedures and required forms. The Georgia Courts site is a starting point: https://georgiacourts.gov/
• Get certified copies of the death certificate; beneficiaries and institutions commonly require them to transfer assets.
• If there’s a will or significant assets, consider talking with a Georgia probate attorney to avoid mistakes that can cost time or money.
• Keep records of account statements and deeds that show ownership and beneficiary information—these documents determine whether probate is necessary.