What passes outside probate in Georgia?

Property titled to a trustee; property held as joint tenants with survivorship, which an instrument must say expressly (O.C.G.A. § 44-6-190); life insurance and retirement accounts with a designated beneficiary (§ 33-25-11); and real estate titled by a transfer-on-death deed under Title 44, Chapter 17, as 2026 HB 413 rewrote it.

Does avoiding probate avoid the estate's creditors?

Not for a revocable trust: after the settlor's death, its property is subject to the claims of the creditors of the settlor's estate to the extent the probate estate is inadequate, subject to the settlor's direction of the source of payment (O.C.G.A. § 53-12-82(a)(2)(C)); year's support for the family is preferred before most debts (§ 53-3-1).

What does a Georgia probate involve?

The will is filed with the probate court (O.C.G.A. § 53-5-5) and proved in common or solemn form (§ 53-5-22); the personal representative files an inventory within six months (§ 53-7-30), publishes the notice to creditors within 60 days (§ 53-7-41), files an annual return within 60 days of each anniversary of qualification (§ 53-7-67) and settles the estate (§ 53-7-1).

How to Avoid Probate in Georgia

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Why people avoid probate

Probate in Georgia is a court process: it can take months, the filings become a public record, and it adds administrative cost. Passing assets outside probate can be faster, more private, and simpler for your family — though it takes planning while you're alive.

Common ways Georgians avoid probate

A funded revocable living Trust

Assets retitled into a revocable living Trust pass to your beneficiaries outside probate, while you keep full control during life. “Funding” — actually transferring assets in — is what makes it work.

Beneficiary, POD & TOD designations

Retirement accounts, life insurance, and many bank and brokerage accounts let you name a beneficiary (or “payable-on-death” / “transfer-on-death”), so they pass directly to that person without probate.

Joint ownership with survivorship

Property owned with an express right of survivorship passes to the survivor at death, outside probate (O.C.G.A. § 44-6-190). How the deed or the account is titled decides it.

A deed to the trustee

Real property reaches a Georgia trust by a deed to the trustee, recorded in the county's real property records where the transferor is a trustee (O.C.G.A. § 53-12-25). Property so titled passes by the trust's terms at death, outside probate. Whether it fits depends on your facts and is a question for a licensed Georgia attorney.

Small-estate options

Georgia has no small-estate affidavit statute of the kind many states have; whether an estate can pass with little or no administration is a question for the probate court of the county and a Georgia attorney, and a funded Trust is the usual way to avoid the question.

The catch: it all depends on titling

A plan only avoids probate for the assets actually titled or designated correctly — a Trust that isn't funded, or an account with no beneficiary, can still end up in probate. Coordinating titling across everything you own is where mistakes happen. This page is general information, not legal advice; a free role check can show you where you stand, and a Georgia attorney can review your titling.

General information about Georgia law, not legal advice.

Frequently asked questions

What passes outside probate in Georgia?: Property titled to a trustee; property held as joint tenants with survivorship, which an instrument must say expressly (O.C.G.A. § 44-6-190); life insurance and retirement accounts with a designated beneficiary (§ 33-25-11); and real estate titled by a transfer-on-death deed under Title 44, Chapter 17, as 2026 HB 413 rewrote it.
Does avoiding probate avoid the estate's creditors?: Not for a revocable trust: after the settlor's death, its property is subject to the claims of the creditors of the settlor's estate to the extent the probate estate is inadequate, subject to the settlor's direction of the source of payment (O.C.G.A. § 53-12-82(a)(2)(C)); year's support for the family is preferred before most debts (§ 53-3-1).
What does a Georgia probate involve?: The will is filed with the probate court (O.C.G.A. § 53-5-5) and proved in common or solemn form (§ 53-5-22); the personal representative files an inventory within six months (§ 53-7-30), publishes the notice to creditors within 60 days (§ 53-7-41), files an annual return within 60 days of each anniversary of qualification (§ 53-7-67) and settles the estate (§ 53-7-1).

General information about Georgia law, not legal advice.