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There is no legal requirement that an estate must be probated in Georgia. Whether probate is necessary depends on what the deceased person owned at the time of their death and how they owned it. You can plan so that your estate does not have to be probated.
The petition to probate in common form will not be binding for four years after it has been completed. Executors appointed through a solemn form probate can petition to be discharged from their liability and responsibilities six (6) months after their appointment.
What Are Non-Probate Assets? Life Insurance Policy with a designated beneficiary. Certificates of Deposit. Bank Accounts that have a POD (Payable on Death) or TOD (Transfer on Death) listed on the account. IRA, 401K with a designated beneficiary, Payable on Death or Transfer on Death on the account.
There is no legal requirement that an estate must be probated in Georgia. Whether probate is necessary depends on what the deceased person owned at the time of their death and how they owned it. You can plan so that your estate does not have to be probated.
Eligibility For Summary Probate in Georgia There must be no will. The estate must have no debts. Only family members or heirs may be allowed to file the small estate affidavit. All the heirs and beneficiaries must agree on how the estates property will be divided.

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In order to probate the will, the executor should file the original signed will and, in most cases, Georgia Probate Court Standard Form #5 - Petition to Probate Will in Solemn Form. The Standard Forms are available at the courthouse or online at the official statewide Probate Court website.
What Are Non-Probate Assets? Life Insurance Policy with a designated beneficiary. Certificates of Deposit. Bank Accounts that have a POD (Payable on Death) or TOD (Transfer on Death) listed on the account. IRA, 401K with a designated beneficiary, Payable on Death or Transfer on Death on the account.
There are two types of probate in the state of Georgia: Solemn Form and Common Form Probate. For Solemn Form Probate, all heirs have to be notified, and theres a hearing where a Personal representative is appointed. Common Form probate doesnt require notice, but it takes four years for its results to become binding.

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