The Changing Landscape of Probate in Georgia

Resource: FPA of GA Webinar 02/05/2025– The 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:

• Ensure executors fulfill their duties
• Appoint and oversee guardians/conservators
• Issue marriage and weapons carry licenses

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):

• Jointly owned property (with rights of survivorship)
• Designated beneficiary accounts (retirement, life insurance, pensions)
• Trust assets

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:

• Provides a structured process for those who didn’t plan
• Protects vulnerable individuals
• Reduces potential disputes

❌ Disadvantages:

• Delays and government bureaucracy
• Loss of privacy (public record)
• Court-appointed fiduciaries and added fees
• Increased potential for disputes
• Time consuming

Georgia Probate: Then vs. Now

Pre-Pandemic:

• Georgia was considered “Probate-Friendly”
• Executors could receive Letters of Testamentary same day
• Minimal delays, walk-in access to clerks

Post-Pandemic:

• Major counties (e.g., Fulton) overwhelmed and understaffed
• Petition processing delays (up to 3+ months)
• Appointments required for in-person interactions
• E-filing available but inconsistencies remain

How to Avoid Probate

• Joint ownership with survivorship rights
• Transfer-on-death (TOD) accounts and deeds
• Up-to-date beneficiary designations
• Revocable trusts

The Future of Probate in Georgia

• E-filing expansion, but original document requirements remain a challenge
• Push for standardized court policies, but local variations persist
• Need for improved funding and customer service in the probate system

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