The loss of a loved one is a life transition that can often bring difficult changes and responsibilities. These include decisions about property and real estate. Knowing how estates, trusts, and probate work in Georgia can make things easier.
Probate and Real Estate Transfers
Probate is a court process. It validates a will, settles debts, and distributes assets, including real estate. If no will exists, state laws determine how property is divided.
In Georgia, real estate may be included in probate unless:
- It is held in a trust.
- It is jointly owned with rights of survivorship.
- A life estate deed is in place.
Methods that don’t shield properties may need court approval to transfer or sell them. Executors usually handle this. But, they must follow the court’s legal rules.
Trusts: A Smart Tool for Estate Planning
Placing real estate in a trust allows families to bypass probate entirely. Trusts speed up property transfers, keep them private, and cut costs. They also offer ongoing asset management for beneficiaries if structured correctly.
Avoiding Probate for Real Estate
Georgia offers options for simplifying real estate transfers, such as:
- Joint tenancy with rights of survivorship automatically transfers ownership to the surviving co-owner.
- Life estate deeds let property owners keep rights while they live. They can name beneficiaries to receive the property after they die. This avoids probate.
Selling Estate Property
If a will gives the executor authority, they can sell estate property without court approval. Otherwise, the executor must petition the probate court for permission. This step can delay the sale, which is why proactive estate planning is beneficial.
Guidance You Can Trust
The legal and emotional complexities of estate property in Georgia can be overwhelming. But you don’t have to go through it alone. The experienced Path & Post team handles probate and trust real estate. We offer compassionate, knowledgeable guidance at every step.
Let’s make a complicated process easier together.
