Get Georgia Heirs Determination Worksheet

Not all estates need to go through probate, and some deceased person's assets, like homes with a joint tenancy, are automatically passed to the proper beneficiaries or appropriate heir.

Common Probate Fees in Georgia An uncontested probate could range from $1500 - $3000. If anyone contests the process, the cost could range from $3000 to more than $10,000. Fees to consider include: Attorney fees (if you use a probate attorney)

Is Probate Required in Georgia? Probate isn't always required in Georgia. It is necessary by law if the assets belonged solely to the deceased person with no named beneficiary or with the estate as the named beneficiary. If the assets were included in a revocable living trust, probate won't be necessary.

Heirs who inherit land intestate (without a will) own it as tenants in common. 6 Tenants in common each own an undivided interest in the whole parcel of land, which means that none of the heirs can claim any specific piece of land. As tenants in common, each heir has equal rights to use and occupy the land.

Distributing assets without probate The probate court will grant an Order Declaring No Administration is Necessary if: There is no will, All of the heirs agree how to split the person's assets, and. There are no debts or any creditors agree that there does not need to be probate proceedings.

Georgia requires wills to be filed with the probate court. This is especially important if you are planning to distribute property or assets through the probate process. A will is a common estate planning tool that enables people to list their preferences about distributing their assets after death.

Georgia is one of a few that allows heirs to forego the probate process, with no estate dollar value limitation, as long as: there are no outstanding debts. all heirs agree with the distribution plan. there is no last will and testament.

The law does not require that the will be probated but once the will is filed, any person having an interest in the will can apply to the court to have it probated.

The spouse and children are heirs if there are children as well as the children of any child or children who died before the decedent (as well as the deceased child's descendants if any of the deceased child's children also predeceased the decedent).