When someone passes away in Georgia, not everything they owned goes through probate. Knowing which assets are subject to probate—and which aren’t—can help families plan more effectively and avoid unnecessary court involvement.
Below is a breakdown of which assets go through probate, which avoid it, and how estate planning can help you control the outcome.
What Is Probate?
Probate is the legal process used to validate a will, appoint an executor or administrator, pay off debts, and distribute assets to heirs or beneficiaries.
In Georgia, this process is handled through the Probate Court in the county where the decedent lived.
Assets That Do Go Through Probate in Georgia
The probate estate includes any assets owned solely in the deceased person’s name at the time of death, without a designated beneficiary or joint owner.
Examples include:
- Solely owned bank accounts
- Real estate titled only in the decedent’s name
- Vehicles or boats without joint ownership
- Stocks, bonds, or investment accounts without a transfer-on-death (TOD) designation
- Personal property (furniture, jewelry, art, etc.) without clear ownership transfer
- Business interests held in the decedent’s name (unless transferred into a trust or other entity)
Even if there’s a valid will, these assets still go through probate unless they’re otherwise exempt.
👉 See how revocable living trusts can help avoid probate
Assets That Do Not Go Through Probate
Some assets automatically pass to another person by contract or title, bypassing probate entirely.
These non-probate assets include:
- Joint accounts with right of survivorship
- Real estate owned as joint tenants with right of survivorship
- Life insurance policies with named beneficiaries
- Retirement accounts (IRAs, 401(k)s) with designated beneficiaries
- Payable-on-death (POD) and transfer-on-death (TOD) accounts
- Assets held in a revocable or irrevocable trust
- Property transferred by a Georgia Transfer on Death (TOD) deed (effective July 1, 2024)
👉 Read about Georgia’s new TOD deed law
Why It Matters
Understanding what assets go through probate can help you:
- Avoid delays: Probate can take months or even over a year
- Reduce legal fees: Fewer probate assets = less cost
- Protect privacy: Probate is a public process; non-probate transfers are private
- Plan intentionally: Especially important for blended families or second marriages
Without planning, even a modest estate can get stuck in probate—costing your family time and money.
How to Reduce Probate Exposure in Georgia
Here are steps to limit what goes through probate:
- Create a revocable living trust and transfer property into it
- Add POD/TOD designations to bank and investment accounts
- Use joint ownership with survivorship carefully and intentionally
- Name beneficiaries on retirement and insurance accounts
- Consider a TOD deed for your home, if appropriate
A properly designed estate plan keeps control in your hands—not the court’s.
👉 Explore how second marriages affect probate and inheritance
Get Clarity on What’s in Your Probate Estate
At Hurban Law, LLC, we help Georgia families protect their assets and streamline the probate process—or avoid it altogether. Whether you’re settling an estate or planning ahead, we’ll walk you through what’s subject to probate and how to plan around it.
Contact us today to review your estate and create a strategy that protects your time, money, and loved ones.
