When someone dies, their belongings usually go through a process called probate. This means a court helps determine what they own, how much it is worth, and who gets what. Sometimes, family members or others argue during this process. That could lead to probate litigation. In Georgia, not everything the person owns goes through probate. Knowing what is left out can help families avoid stress and fights.
What is probate litigation?
Probate litigation refers to legal disputes that arise during the administration of an estate. People might argue over a will, who gets what or how the process is handled. These problems can slow everything down and make an already difficult time even harder. However, knowing what property does not go through probate can help prevent arguments from happening.
Assets that do not go through probate in Georgia
Not all the person’s belongings must go through court. Some items go directly to someone else, even if the will states otherwise. These include:
- Jointly owned property with rights of survivorship: If the person owns something with someone else, the other person gets it right away.
- Payable-on-death (POD) and transfer-on-death (TOD) accounts: These are bank accounts or investments that name a beneficiary to receive the funds upon the owner’s death.
- Life insurance and retirement accounts with named beneficiaries: If someone is listed to receive the money, they get it directly.
- Living trust property: If the person puts things into a trust while alive, the trust handles it, not the court.
- Real estate transferred by transfer-on-death deed: As of July 1, 2024, Georgia Code §§ 44‑17‑2 and 44‑17‑3 authorize transfer-on-death deeds (sometimes called TOD or Lady Bird deeds). These allow property to pass to a named beneficiary outside probate, while the owner retains full control during life
- Vehicles with a named beneficiary: In Georgia, a car owner can list who should get the car after they die. It goes straight to that person.
Knowing what skips probate saves time and avoids arguments. It also helps make sure the right people get the property faster.
Why this matters in probate fights
When people do not understand what goes through probate, they may argue about things that already have clear rules. This wastes time and money. For example, if someone fights over a bank account that names a specific person, they will probably lose unless there’s proof of cheating or pressure.
Talk to a probate lawyer
Probate can be confusing, especially when there is disagreement among parties. Consulting a probate lawyer with thorough knowledge of Georgia law can explain your rights. They can help you understand what is included and what is not. Getting help early can protect your family and save money in the long run.