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You’ve worked hard to build your investment portfolio—stocks, mutual funds, retirement accounts, real estate, maybe even cryptocurrency. But what happens to those investments after you’re gone?
In Georgia, the answer depends on how the assets are titled, who’s listed as a beneficiary, and whether you have a valid estate plan in place.
Here’s what you need to know to make sure your investments go where you intend—with as little delay and court involvement as possible.
Do Investments Go Through Probate?
It depends.
Investments that do go through probate:
- Stocks or brokerage accounts held solely in your name, without a beneficiary
- Real estate not titled with a survivorship provision
- Business interests not transferred into a trust or LLC
- Crypto assets without shared access or named instructions
These must be handled by your executor and distributed according to your will—or Georgia’s intestate laws if you don’t have one.
👉 Related: What assets are subject to probate in Georgia?
Investments that avoid probate:
- 401(k)s, IRAs, Roth IRAs with named beneficiaries
- Transfer-on-death (TOD) accounts
- Payable-on-death (POD) bank accounts
- Assets titled in a revocable living trust
- Jointly held accounts with rights of survivorship
These assets typically pass directly to the named beneficiary, bypassing probate entirely.
What If You Don’t Have a Will?
If you die without a will in Georgia:
- Your investments will be subject to Georgia’s intestate succession laws
- The court will appoint someone (usually a spouse or adult child) to manage your estate
- Your assets will be divided among your surviving spouse, children, or closest relatives
This process can take months—and your investments may lose value during delays.
👉 Explore: Georgia inheritance laws with a will
What Happens to Investment Income?
Once the estate is opened, your executor must:
- Collect dividends or distributions
- Report and pay any capital gains or income taxes
- Determine whether to sell or transfer the investments
- Distribute proceeds or shares to heirs or beneficiaries
In some cases, holding investments during probate can cause tax issues or delays in accessing funds.
What About Taxes?
Georgia does not have a state estate or inheritance tax. However:
- Federal estate tax may apply to estates over $13.61 million (as of 2024)
- Capital gains taxes may apply if assets are sold before transfer
- Most inherited assets receive a step-up in basis, which can reduce or eliminate capital gains for heirs
It’s important to coordinate your investment and estate plans with a tax professional to avoid surprises.
How Can You Make the Process Smoother?
1. Update Beneficiaries
Make sure your investment and retirement accounts have current, accurate beneficiary designations. These override your will.
2. Use a Trust
Placing investments in a revocable living trust can avoid probate, maintain privacy, and simplify transfers.
👉 Learn about living trusts in Georgia
3. Name a Trusted Executor
Choose someone who understands your assets—or work with a professional who can manage investment-related decisions during probate.
Final Thoughts
Your investment portfolio won’t take care of itself when you’re gone. Without a clear plan, it can get tied up in probate, taxed inefficiently, or end up in the wrong hands.
At Hurban Law, LLC, we help Georgia families protect their assets through smart estate planning that accounts for how investments are owned, taxed, and transferred. Whether you’re just getting started or need to update old documents, we’re here to help.
Contact us to secure your financial legacy.
