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2. To avoid probate, most people create a living trust commonly called a revocable living trust. Avoiding Probate in Georgia Using Transfer on Death (TOD) Agreements. It can be very beneficial for heirs to avoid the probate process in Marietta. First of all, you can own the property as joint tenants with right of survivorship. | Updated By Valerie Keene, Attorney. This means that if someone is dissatisfied with a decision rendered by a non-Article 6 probate court, they can simply appeal to a superior court and the case will be tried all over again. This is especially important if you are planning to distribute property or assets. With careful estate planning, it is possible to avoid the probate process. Proper Planning Can Help You Avoid Probate In Georgia, probating the estate of a decedent who died with a valid will is not terribly time-consuming or expensive as long as the will is not contested. Unlike a will, which merely distributes your assets upon death, a living trust places your assets and property "in trust" which are then managed by a trustee for the benefit of your beneficiaries. Probate can be avoided if the property or possessions you own are also owned by another individual, usually a spouse, with a right of survivorship. Fortunately, state laws in Georgia may allow some or all of your estate assets to bypass probate and go straight to your intended beneficiaries. In every other county in Georgia, a probate court judge's orders can be reviewed by a superior court de novo. Understanding how to avoid probate can save you time, money, and frustration. By planning ahead, people are able to avoid probate, giving their families the peace of mind they need when dealing with a sad and difficult situation. It’s Actually Really Simple and Straightforward… You’re on this website because you need to sell a property, and you’d rather sell it sooner than later right? There are often multiple court filings. Georgia probate law provides methods to block someone from misusing or taking estate property, but you will need to act swiftly to stop them. Unlike probate in some states, the probate process in Georgia is not necessarily expensive, time consuming, or complicated. Probate has a reputation for being costly and for taking forever – up to two years in some cases. It is “revocable” because you may revoke it at any time. Secondly, you can own the property through a trust. Avoid the hassle of listing your house or land and waiting months for it to sell. Avoiding Probate Most people have probably heard that it's best to avoid probate. How to Avoid the Lengthy Probate Process. Strategies to avoid probate in Georgia. None of these reasons are true in the typical case in Georgia; the typical cost, including legal fees, should be roughly $2000.00, and may be much less. Probate is a court-supervised legal process that may be required after someone dies. Take title with someone else so that joint ownership exists. There are a number of reasons why people want to avoid probate in Atlanta. If you plan ahead with your estate, it is possible to avoid probate in Georgia. The trust then pays bills and distributes personal effects. Probate in common form does not require notice to any heir, beneficiary or creditor of the estate. Avoiding probate in Cobb County, Georgia, is a very real concern for people who want to make sure certain assets such as stocks, bonds, brokerage and bank accounts automatically pass to their heirs upon their death. You can protect yourself from probate court with a trust. Reply. Knowing what to expect and preparing yourself for the probate process will help you avoid a negative experience. How to Avoid Probate Georgia is unique in that if all the heirs agree, you can skip probate altogether. There are three main ways to avoid probate in Georgia, as well as an affidavit process that can be used to settle small estates. We recommend that the petition be filed as soon as possible. Georgia Probate: An Overview. Our probate system is inexpensive because the fees are standard – roughly $200 and not dependent on the value of the assets in the estate. Practice joint ownership to avoid probate. Let’s discuss. The question of how long does the Georgia Probate Process take is an interesting one because every probate is different. However, if the will is contested the process can become very complicated and costly. Avoid Probate with a Georgia Pour Over Will. A living trust is merely an alternative to a last will. However, they might not be sure what probate is and why you should avoid it. Executor can probate a will in solemn form or common form does not require to. Go through the probate process, an executor can probate a will in form. 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