Probate

Thrift McLemore’s Atlanta probate attorneys help families across Georgia navigate the probate process with guidance, care, and practical solutions.

Whether you are planning your own estate or managing a loved one’s estate after their passing, understanding the Georgia probate process helps you make informed decisions and avoid costly mistakes.

What is Probate?

When someone passes away, they leave behind an estate that includes everything they owned at the time of their passing. An estate can consist of:

• Real property, such as a home or land
• Personal property such as cash, vehicles, jewelry, or collectibles
• Intangible property, such as copyrights, patents, and other intellectual property

These assets must be located, valued, and legally transferred to heirs or beneficiaries. The court-supervised legal process is called probate.

Who Oversees Probate in Georgia?

If the person who passed away (the “decedent”) left a valid Last Will and Testament, the Executor named in the Will manages the probate of the estate. If the decedent created a trust to distribute assets, the Trustee handles Trust administration. If the decedent passed away without a Will or Trust, the Georgia probate court appoints an Administrator to manage the process.

Are all Assets Part of Probate?

Because formal probate can be time-consuming and costly, probate avoidance is a common estate planning goal. One way to minimize an estate’s exposure to probate is to include as many “non-probate” assets as possible in an estate. These are assets that bypass probate and may be distributed immediately upon the death of the owner.

What Happens During Georgia Probate?

Following the decedent’s death, the Executor or Administrator must identify and secure all estate assets. Initiating the legal process of probate requires submitting a petition to the appropriate court and notifying creditors of the estate to allow them to file claims against the estate. All claims must be paid or resolved, challenges to the Will litigated, and taxes paid before the remaining assets can be distributed to the beneficiaries and/or heirs of the estate.