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Why You May Want to Avoid Probate and How to Do It

by | Dec 6, 2023 | Probate

Probate—this term might sound familiar from movies or TV shows depicting the aftermath of someone’s passing, where assets are divvied up among heirs. While the portrayal may not be entirely accurate, the essence of probate is real. And while it may seem like a straightforward process, many opt to sidestep it whenever possible. 

You may be wondering, why avoid probate? If you have assets that you eventually want to hand down to specific individuals, the answer to this question will be relevant to you. In this guide, we’ll unravel the mysteries of probate, explore reasons to avoid it, and present you with strategic ways to ensure a smoother transition of your assets.

What is Probate?

Probate is the legal process through which a deceased person’s estate is settled. It involves validating the deceased’s will, paying off debts, and distributing assets to heirs or beneficiaries. While probate serves a vital role in ensuring an orderly transfer of assets, it often comes with complexities and delays that many wish to avoid.

Reasons to Avoid Probate: Unveiling the Challenges

  • Time-Consuming Process: Probate can be a lengthy affair, taking months or even years to conclude. During this time, heirs may face delays in receiving their inheritances. This can be problematic if heirs are dependent on these inherited assets.
  • Costly Endeavor: The probate process comes with associated fees, including court costs, attorney fees, and executor fees. These expenses can significantly deplete the estate’s value.
  • Lack of Privacy: Probate proceedings are public record, meaning anyone can access details of the deceased’s assets, debts, and distribution. Many prefer to keep these matters private. Public access means that anyone can find out who has inherited which assets and their exact values; and those who have inherited them can be targets of burglars or scammers.
  • Uncertain Outcomes: The court’s involvement in probate decisions introduces an element of unpredictability. If the deceased has no last will or other estate planning documents, the final distribution may not align with the deceased’s intentions.
  • Legal Challenges: Probate opens the door to potential legal disputes, leading to contested wills and prolonged court battles among beneficiaries.

Ways to Avoid Probate: Crafting Your Estate Plan

There are several ways you can avoid probate in Georgia.

  1. Living Trust: Establishing a revocable living trust allows you to transfer assets into the trust, bypassing probate and ensuring a smoother transition. In a living trust, the person creating the trust (grantor) adds chosen assets to it and keeps control over it until they pass away. The grantor also picks a successor trustee to manage and distribute the trust property based on their instructions after their death.
  2. Joint Ownership: Holding assets jointly with right of survivorship ensures that, upon one owner’s passing, the surviving owner automatically inherits the property without going through probate.
  3. Beneficiary Designations: Designating beneficiaries on assets like life insurance policies, retirement accounts, and payable-on-death (POD) accounts can expedite the transfer without probate.
  4. Gifts and Transfers: Gifting assets during your lifetime or using techniques like a Transfer-on-Death Deed for real estate can help avoid probate. If you gift someone assets worth more than $17,000 in a year for 2023 and $18,000 for 2024, however, you must submit a gift tax return.
  5. Small Estate Procedures: In some cases, estates of a certain value may qualify for simplified probate procedures or exemptions.

Your Path to a Probate-Free Future with The Manely Firm

At The Manely Firm, we recognize the challenges posed by probate and are dedicated to helping you navigate alternative routes. Our experienced team, led by Attorney Michael Manely, specializes in crafting tailored estate plans that align with your goals and aspirations.

Don’t let the complexities of probate overshadow your legacy. Take charge of your estate planning journey by partnering with The Manely Firm. Call us at 844-887-5870 or contact us online to schedule a consultation. Let us guide you toward a future where your wishes are honored, and your loved ones experience a seamless transition.