According to the Atlanta estate planning attorney Trace Brooks (https://www.tracebrookslaw.com/what-is-probate-like-in-georgia/), the probate process in Georgia is relatively easy, with most estates being administered without court oversight or filings. However, he notes that complicating factors, such as a minor heir or a poorly-drafted will, can slow the process down. In such cases, he advises seeking the services of an experienced estate planning attorney to manage potential disputes that may arise.
The Atlanta Estate Planning Attorney also highlights the option for heirs to skip probate altogether in Georgia, as long as there are no outstanding debts, all heirs agree to the distribution plan, and there is no will. This process, which is not subject to an estate dollar value limitation, can be a huge benefit for small, simple estates in the state.
The Atlanta Estate Planning Attorney observes that apart from helping to simplify the probate process, a revocable living trust has other benefits as a primary estate planning document. He recommends that clients consult with a lawyer to determine whether a will or a revocable living trust is suitable for their situation, considering the intricacy of their estate.
In discussing the article, Trace Brooks says, “Many people have misconceptions about probate and assume that it is a complex, time-consuming, and expensive process. However, in Georgia, probate is relatively easy, and heirs can even skip the process altogether if certain requirements are met. I hope this article helps to clarify the probate process in Georgia and encourages people to seek the assistance of experienced estate planning attorneys to manage their estates.”
Potential clients often seek a revocable living trust to avoid probate, according to Atlanta estate planning attorney Trace Brooks. In Georgia, probate can be straightforward with a well-drafted will that waives bond and inventory and reporting requirements, and gives all the necessary powers to act without ongoing court supervision. However, there may be other reasons why a revocable living trust would be a preferable primary estate planning document.
In estate planning, it is important to understand that only assets in the estate at the time of death are subject to probate. Many assets can be transferred to beneficiaries without the need for a will or trust. For instance, assets that allow for a beneficiary designation like bank accounts, life insurance, or retirement accounts, will immediately pass ownership to the designated beneficiary upon the account holder’s death. Additionally, jointly-owned property will transfer ownership to the surviving owner. After these transfers take place, the remaining assets comprise the probate estate.
Trace Brooks’ article highlights the benefits of the streamlined probate process in Georgia and the option for heirs to skip probate altogether. He advises clients to seek the assistance of an experienced estate planning attorney to manage their estates and determine the best approach for their individual circumstances.
For more information on estate planning in Georgia, interested parties are encouraged to contact Atlanta Estate Planning Attorney Trace Brooks of Trace Brooks Law.
About Trace Brooks Law:
Trace Brooks Law is an Atlanta-based law firm that provides personalized legal services in estate planning, probate, and business law. Led by Attorney Trace Brooks, the firm is dedicated to helping clients achieve their goals and protect their assets. With a focus on client education and communication, Trace Brooks Law provides innovative solutions to complex legal issues.
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