Creating wills and trusts allows people to specify how assets should be managed and distributed among their heirs after they have passed. Beneficiaries often have to wait to receive their inheritance while the estate goes through probate court. The process can be time-consuming and stressful, which is why some states have laws that make it possible to bypass it altogether. If you’ve lost a relative in Georgia, below is a guide to settling their estate without probate. 

Why Wills Go Through Probate

The will of a decedent goes through probate proceedings to transfer ownership of their assets to their intended beneficiaries. Probate court beings by determining the validity of the will, and then an executor or administrator is assigned to gather and distribute the assets. During this process, beneficiaries can settle disputes over the terms of the will. Any outstanding debts in the decedent’s name must also be paid, although the heirs can contest the creditor claims. After taxes and debts are paid, the remainder of the estate is divided among the heirs.

How to Avoid the Lengthy Probate Process

If the deceased died without a will and no outstanding debts, the family can avoid probate if everyone agrees on how assets should be distributed. An attorney who specializes in wills and trusts can help draft a Petition for Order Declaring No Administration is Necessary to be filed with the probate court. This document outlines how assets will be divided. Any debt in the decedent’s name must be resolved, and the creditors must also agree to the petition.

You can also help your loved ones avoid these proceedings after your death by creating a revocable trust during your lifetime. According to Georgia law, assets held in a revocable trust are not subject to probate. Creditors must petition the court to access funds held in the trust.

For legal assistance with wills and trusts or to help navigate Georgia’s probate laws, contact the skilled lawyers at Sponcler & Tharpe in Dalton, GA. With over three decades of experience, they are committed to helping Whitfield County residents draft wills and trusts that cover all assets and meet legal requirements to avoid disputes. Visit them online to learn about their counselors’ credentials and call (706) 278-5211 to schedule a consultation.