The #1 Mistake That Sends Georgia Families to Probate — and how to actually protect your family

Many Georgia families believe they’re “covered” because a loved one signed a will. That assumption — that a will alone is an estate plan — is the single biggest mistake that lands families in probate court. This post explains why a will is not enough, what probate looks like in Georgia, the legal alternatives (and the statutes behind them), and practical steps you can take today to protect your family.

1) A will is not an estate plan — it’s instructions to a judge

A will expresses what the testator wanted, but a will does not avoid court. When someone dies with a will in Georgia, the personal representative usually must open a probate case so the court can authenticate the will, oversee creditor claims, and supervise distribution. In short: a will guides the judge — it doesn’t remove the judge from the process.

2) Probate is public, slow, and can be costly

When a will is offered for probate it becomes part of the probate file, which is accessible as a public record in Georgia probate courts. That public nature means private financial details become available to anyone who pulls the file. Probate administration can also take many months (or longer), and legal and court costs frequently reduce the value of the estate available to heirs.

3) Probate can expose heirs to creditors, predators, and litigation

Because probate is supervised by the court and creditors have the chance to present claims, an estate handled only by a will can draw attention — and in contested or creditor-heavy situations that visibility creates risk for families. Georgia law gives certain statutory mechanisms to protect creditors’ rights, and those same mechanisms mean creditors have formal routes to assert claims during probate.

4) The real way to avoid probate in Georgia: a trust-based plan — properly funded

A trust-based estate plan (commonly a revocable living trust) can keep assets out of probate — but only if the trust is funded. That means the owner must retitle assets (real estate, brokerage accounts, some bank accounts, vehicles, etc.) in the name of the trust or use beneficiary/title features that pass outside probate. Under Georgia’s trust code, trust formalities and the rules for administration are codified in Title 53 (the Revised Georgia Trust Code). Note: revocable trusts are generally subject to the settlor’s creditors during life; but when properly drafted and funded, a trust prevents those trust assets from being administered through probate after death.

5) Limited alternatives and “small estate” options (statutory shortcuts)

Georgia does provide limited non-probate or shortened procedures in narrow circumstances:

• Petition for an Order Declaring No Administration Necessary (the “no administration necessary” process): If certain conditions are met (intestate death or other eligibility rules, unanimous heir agreement, no unpaid creditors or creditors who consent), an heir may ask the probate court to enter an order that no administration is necessary and confirm title to heirs without a full administration. Note that creditors retain remedies after such an order.

• Statutory affidavits for small bank deposits: For small deposits, banks may be authorized to pay certain funds on affidavit (limits and rules apply). These are not a general substitute for a comprehensive plan and are narrow in scope.

Closing — Don’t let a will be the only plan

A will is valuable — it’s better than nothing. But it’s not a complete estate plan and it will not by itself keep your family out of probate court. If your objective is to preserve privacy, save time and money, and reduce exposure to creditors and predatory claims, a properly drafted trust-based plan plus careful funding of that trust is the practical route in Georgia. (And remember: the details matter — how a trust is drafted and funded is what makes it effective.)