What property is subject to probate?

In Georgia, if a person dies with assets in their name alone, these assets are typically subject to probate. This can include real estate, vehicles, bank accounts, stocks and bonds, and other tangible and intangible property. Generally speaking, typically for a property to be subject to probate, the individual must have been the sole owner of the property or assets at the time of their death. If a person had a will in place at the time of their death then the assets will be distributed in accordance with their wishes and the will may list which assets are subject to probate. If the person had not created a will, then the property would typically be distributed according to Georgia’s intestacy laws. In general, jointly owned assets are not subject to probate as the surviving co-owner automatically becomes the owner of the jointly owned property. Additionally, some assets or accounts that have a designated beneficiary in place such as life insurance policies are also not subject to probate. In essence, the property subject to probate is dependent on the individual’s circumstances, such as whether they had a will or if the asset was jointly owned. It is important to understand which property is subject to probate in order to ensure that the distribution of assets is in accord with the individual’s wishes.

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What property is subject to probate?

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