Feb 13, 2025

The Changing Landscape of Probate in Georgia

The Changing Landscape of Probate in Georgia
Resource: FPA of GA Webinar 02/05/2025The Current State of Probate in Georgia Speaker: Mark Brandenburg, Esq.
Disclosure:
This information is for educational purposes only and does not reflect the views of Narwhal.

What is Probate?

Probate is the court-supervised process of validating a will and administering an estate. In Georgia, probate courts:

At its core, probate protects those who cannot protect themselves—such as the deceased, incapacitated individuals, and minors—while reducing chaos by defining roles, asset distribution, and dispute resolution.

Probate vs. Non-Probate Assets:

Non-Probate Assets (Pass Outside of Probate):

Probate Assets (Subject to the Will & Court Oversight):

Individually owned property (cars, brokerage/retirement/bank accounts without a beneficiary, home furnishings)

Steps to Probate a Will

  1. File a petition with the original will
  2. Notify heirs (or obtain notarized consent)
    1. Minors require court-appointed guardians
  3. Court reviews validity under state law
  4. Hear objections from interested parties
  5. Issue notices to creditors and beneficiaries

Pros & Cons of the Probate System

Advantages:

Disadvantages:

Georgia Probate: Then vs. Now

Pre-Pandemic:

Post-Pandemic:

How to Avoid Probate

The Future of Probate in Georgia

While Georgia’s probate landscape has shifted, proactive planning can help clients navigate or avoid its challenges.

Melissa Dotson, CFP®, CSLP®

Financial Planning Associate

Melissa came to Narwhal in the summer of 2018 following the completion of her master’s degree in financial planning from the University of Georgia, where she also earned her bachelor’s degree in consumer economics. Her interest in the field started with learning about consumer behavior, specifically its relation with complex moneymaking decisions. Melissa recently received her CFP® Certification in January 2021. Working with a CFP® professional can help you find the path to achieving your financial goals. Your goals may evolve over the years as a result of shifts in your lifestyle or circumstances such as an inheritance, career change, marriage, house purchase , or a growing family. Melissa is here to help you through that process. When she’s not working, Melissa enjoys cycling, cooking, and spending time with her beagle and two nieces.

Let’s start the conversation.

At Narwhal Capital Management, you’re more than just a portfolio, and it’s not all about the numbers. Let’s start with a meeting about your needs and future goals.