Georgia Probate Law Resources | Inheritance Advances in GA

Most Common Questions About Georgia Inheritance Law

Do you feel confused about the Georgia probate process? If you don’t have a legal background, you may have concerns. Here are some answers to common questions about Georgia probate law and the process of accessing your inheritance.

Does Georgia Law Require Probate?

You must go through probate in Georgia if the person who died owned assets only in their name. In other cases, probate won’t be necessary.

Is There a Way to Avoid Probate in Georgia?

You can avoid probate in Georgia when an asset is in someone else’s name as well as the name of the deceased. Some examples include:

• Retirement accounts
• Payable-on-death bank accounts
• Living trust
• Joint tenancy
• Life insurance proceeds

How Long Does Georgia’s Probate Process Take?

It generally takes eight to 12 months to complete probate in Georgia. If anyone disputes the will, the process will take longer. Some other factors that may extend the probate timeline include:

For a Complex Estate

Complex estates generally take longer to complete the probate process as they have a higher likelihood of different quantities of assets, presence of creditors and disputes among heirs. Certain property types can affect the process as they may require specialized expertise. The estate’s value can also extend the process as it will require a detailed list of all assets.

If the Deceased Didn’t Have a Will

With a will, how the court divides the decedent’s estate is already decided. If an individual dies without a will, the court must follow state rules to determine how to distribute assets. This process also increases the risk of disputes, which can slow or stop the process entirely. Additionally, since the decedent doesn’t have a will, the state must appoint an estate administrator, which can be time-consuming, especially if multiple people wish to fulfill the role.

With Trusts

While many people create trusts to bypass probate, this financial arrangement can cause the process to slow down, as distributing assets from a trust can be complex. Trusts often require careful administration to manage and distribute the assets.

How Much Does Probate Cost in Georgia?

The final cost of probate will vary as each estate undergoes a different process. Some factors that can affect the final cost include:

• The size of the estate
• How complex the probate process is
• The county you file probate in
• Whether you employ a probate attorney
• What type of estate plans are in place
• Whether anyone contests the will

How Long Can You File Probate After a Georgia Resident Dies?

Georgia law states that you must file probate within a reasonable amount of time following someone’s death. You can’t file after longer than five years.

What Happens if Someone in Georgia Dies Without a Will?

Sometimes, a person dies without a will because they are young and never got around to making one, or they hadn’t yet decided what to do with their estate. If someone has no will, then their remaining heirs will divide their assets left over after all debts have been paid. Usually, the court appoints a surviving spouse or child as the administrator of the estate.

How to Determine Next of Kin in Georgia

The Official Code of Georgia Annotated (OCGA) Section 53-2-1 outlines the rules of inheritance, which are as follows:

1. If the decedent has a surviving spouse and no children, the court will distribute all assets to them.
2. If the decedent has a spouse and surviving children, the court will distribute 50% of the estate to both parties.
3. If the decedent does not have a surviving spouse or children, the estate will pass to the parents.
4. If the decedent does not have a surviving spouse, children or parents, the estate will pass to the decedent’s siblings.
5. If the decedent does not have a surviving spouse, children, parents or siblings, the estate will pass to the grandparents.
6. If the decedent does not have any surviving immediate family, the estate will pass to aunts and uncles, then first cousins.

Steps to Settling an Estate in Georgia

The probate process in Georgia consists of the following steps:

1. File the will: To begin the probate process, the executor must find and file the will with the court. During this time, the executor will file all necessary paperwork, like the death certificate.
2. Gather assets: After filing the will, the court will appoint an executor to gather all necessary financial documents, like life insurance policies. The executor will also inventory all possible assets, like bank accounts and real estate.
3. Pay debts: Before distributing the inheritance to the heirs, the estate must pay all debts, such as medical expenses, loans and taxes.
4. Distribute assets: After completing the asset inventory and paying debts, the executor will distribute assets to the beneficiaries in the will.

Does Inheritance or Estate Tax Apply in Georgia?

In 2014, the Georgia estate tax was eliminated — you no longer have to pay an estate tax in Georgia for deaths before 2005. The state doesn’t have an inheritance tax either, though if the person you inherit from lives in a state with an inheritance tax, then you may be subject to that rule.

Regardless of the state tax situation, heirs are subject to federal estate tax. If the estate is worth more than $12.06 million, you may owe inheritance tax.

How Are Spouses Affected by Georgia Inheritance Law?

Your spouse will inherit the whole of your estate if no surviving children are present. If you have a spouse and more than one child, then your spouse gets a third of your estate, and the rest is split among the kids. In cases where you have a spouse and a single child, the estate will be split evenly between them.