Probate law can seem confusing and intimidating, especially when you’re already dealing with the loss of a loved one. To make matters worse, there are many myths about probate law in Georgia that can add unnecessary stress during an already difficult time.
Let’s dispel five of the most common myths about probate law in Georgia, so you can navigate the process with greater confidence and clarity.
Myth 1: Probate Always Takes Forever and Costs a Fortune
A widespread belief is that “probate is going to drag on for years and cost an arm and a leg.” While it’s true that probate can take time, especially if the estate is complex, it doesn’t always have to be a drawn-out, expensive ordeal. Simple estates with clear instructions can move through the process relatively quickly and smoothly. However, larger estates or those with disputes might take longer. The key to a faster and less costly probate process is good planning—having everything in order ahead of time can help avoid delays and minimize expenses.
Myth 2: Having a Will Means My Estate Skips Probate
Many people think that simply having a will allows their estate plan to skip the probate process entirely. Unfortunately, this isn’t the case. While a will is an essential document that outlines your wishes, it still needs to go through probate to ensure everything is handled properly. The court’s job is to verify the will’s validity and oversee the correct distribution of assets. So, while a will can certainly streamline the probate process, it doesn’t eliminate the need for it altogether.
Myth 3: If There’s No Will, the State Will Take Everything
Another common myth is that if someone dies without a will, the state automatically takes all their assets. This is not true in Georgia. If there is no will, the estate is distributed according to Georgia’s intestacy laws, which typically means the assets go to close family members such as spouses, children, or parents. The state only steps in to claim assets if no living relatives can be found, which is quite rare. Most times, the assets will find their way to the decedent’s closest kin.
Myth 4: You Can Avoid Probate by Giving Everything Away Before You Die
Some believe they can avoid probate entirely by gifting all their assets before passing away. While it’s true that assets given away as gifts during your lifetime don’t go through probate, this strategy comes with its own set of challenges. Large gifts can trigger gift taxes, and giving away too much could leave you financially vulnerable. Moreover, certain assets, like jointly owned property, may still require probate, depending on how they’re titled. It’s essential to consider all potential consequences before deciding on such an approach.
Myth 5: Probate Is Only for Large Estates
A common misconception is that probate is only required for large estates. In reality, even smaller estates in Georgia may need to go through some form of probate, especially if real estate is involved. However, Georgia does offer simplified probate options for smaller estates, which can make the process less daunting and more manageable. Understanding these options can help you find the best approach for your situation, regardless of the estate’s size.
Get the Right Information and Support
Understanding the facts about probate can help you make informed decisions and reduce stress during a challenging time. If you have questions or need guidance navigating the probate process in Georgia, we’re here to help.
Don’t hesitate to reach out to us—we’re just a phone call away, ready to support you and your family with compassionate and knowledgeable service.
