Probate is the court-supervised process used in Georgia to settle a person’s estate after death. It allows the probate court to confirm who is authorized to handle the estate, identify assets, address debts, and transfer property to the proper heirs or beneficiaries. Probate also creates a clear legal record of how the estate was handled.

Probate provides structure, oversight, and protection for everyone involved. It helps ensure that assets are distributed correctly, debts are handled appropriately, and questions or disputes are resolved in an orderly way. In Georgia, probate is often required to legally transfer property that was owned solely by the deceased.

In Georgia, assets generally go through probate when they were owned only in the deceased person’s name and do not have a named beneficiary. Common examples include:

• Homes or land titled solely in the deceased’s name
• Bank accounts without a payable-on-death designation
• Vehicles titled only to the deceased
• Personal property such as furniture, jewelry, or household items

Some assets pass directly to others and typically do not require probate in Georgia. These may include:

• Life insurance policies with a named beneficiary
• Retirement accounts with designated beneficiaries
• Bank accounts with payable-on-death or transfer-on-death instructions
• Property owned jointly with rights of survivorship
• Assets held in a properly funded trust

These assets are usually transferred based on existing ownership or beneficiary designations rather than through the probate court.

If more than one will is discovered, the Georgia probate court must determine which will is legally valid. This can occur when wills were signed at different times or when questions arise about how a will was created. Until the court makes a decision, the probate process may be delayed and disputes may need to be resolved.

Every estate is different, and probate can raise important questions for families and executors. An experienced probate attorney can help guide the process, address concerns, and keep things moving forward.

Contact Stalnaker Law to schedule a consultation and discuss your probate matter.