How to Avoid Probate in Georgia
The legal ways to pass property outside probate in Georgia: transfer-on-death deeds, payable-on-death accounts, trusts, joint ownership and small estates.
Short answer: Non-probate options in Georgia include: joint and payable-on-death bank accounts, which belong to the surviving party or beneficiary (O.C.G.A. § 7-1-813); O.C.G.A. §§ 7-1-813, 53-5-60, 53-12-40, 53-2-40
| Ways to avoid probate | Non-probate options in Georgia include: joint and payable-on-death bank accounts, which belong to the surviving party or beneficiary (O.C.G.A. § 7-1-813); transfer-on-death registration of securities under the Uniform Transfer on Death Security Registration Act (O.C.G.A. § 53-5-60 and following); property held in a funded trust (O.C.G.A. § 53-12-40); joint ownership with right of survivorship; and, without full probate, an Order Declaring No Administration Necessary or a year's support order for the spouse and minor children (O.C.G.A. § 53-2-40). Text read on a public mirror of the Official Code of Georgia (current as of 2024). |
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FAQ
How can you avoid probate in Georgia?
Non-probate options in Georgia include: joint and payable-on-death bank accounts, which belong to the surviving party or beneficiary (O.C.G.A. § 7-1-813); transfer-on-death registration of securities under the Uniform Transfer on Death Security Registration Act (O.C.G.A. § 53-5-60 and following); property held in a funded trust (O.C.G.A. § 53-12-40); joint ownership with right of survivorship; and, without full probate, an Order Declaring No Administration Necessary or a year's support order for the spouse and minor children (O.C.G.A. § 53-2-40).
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.