What Do You Do When You Can’t Avoid Probate?

The court doesn’t pause for grief. When someone dies, and the legal process begins, it moves on its own schedule—whether the family’s ready or not.. For families already dealing with loss, dealing with legal paperwork and unexpected costs can feel like a second blow. Unfortunately, there’s no skipping it if key parts of the estate weren’t set up to bypass the court. However, there are ways to make probate less punishing for the people you care about.

Start With a Valid Georgia Will

A will drafted In accordance with Georgia law can keep the court from dragging its feet. It tells the judge what to do, names who’s in charge, and lays out exactly where your property should go. Without a will, the court uses intestacy laws to decide, no matter what you may have said to your family.

A valid will needs two adult witnesses and a signature. Ideally, it’s “self-proving,” meaning you also sign it in front of a notary. That one step can save weeks in court later.

Choose the Right Executor

Think of your executor as the project manager for your estate. This person communicates with the court, handles bills, sells or transfers property, and gets everything settled. Choose someone with a steady hand, clear thinking, and the patience to get through red tape.

If the person you trust most lives outside Georgia, that’s okay. However, ensure they’re prepared for what the job entails.

Get Your Financial House in Order

Your executor’s job is a lot easier if everything is labeled and tracked. Keep a master list of assets and debts. That includes bank accounts, insurance policies, real estate, car titles, investment accounts, and any business ownership. Don’t rely on memory or informal conversations. If it matters, write it down.

Keep this list updated. If you open a new account or pay off a loan, adjust your records. Organized estates move through probate faster and reduce the chances of things being overlooked or fought over.

Communicate Your Plan

Families unravel when they don’t know what to expect. Hurt feelings, confusion, and surprise can turn into court battles. Be honest about what you’ve decided and why. If you’re leaving more to one person because they took care of you, say that. If you’re giving a family property to just one sibling, explain it.

Use Probate-Bypass Tools Where You Can

Even if the bulk of your estate will pass through probate, some pieces, like trusts, don’t have to. Certain accounts and assets can be set to transfer directly to someone else without court involvement.

It’s possible to set up beneficiary designations on life insurance, retirement accounts, and brokerage accounts. Adding payable-on-death (POD) or transfer-on-death (TOD) instructions to checking and savings accounts can save your executor steps. Consider joint ownership with survivorship rights for property or vehicles, but only if it aligns with your comprehensive estate plan.

Work With a Georgia Estate Planning Attorney

Georgia’s probate courts operate under state-specific rules. If you want to keep things clean and efficient, work with someone who drafts plans that stand up in Georgia courtrooms. Probate doesn’t have to become a financial and emotional burden, but that outcome depends on how your estate is prepared now.

At LT Fobi Law, LLC, we believe estate planning is a right, not a luxury. Call us at 470-461-7703 to protect your family, preserve your assets, and give your future the care it deserves.