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How Does Probate Work in Georgia?
What is probate, and why doesn't a will keep us from having to go through probate?
Most folks think, "If I have a will, everything's covered." The reality is, having a will usually means you're headed straight for probate—a legal process that can delay access to funds, add stress when your family is grieving, and complicate matters just when you thought you'd planned ahead.
In this episode, I'll walk you through Jennifer's story—a real-life example of how even the best-laid plans can leave your family in limbo if you don't understand the pitfalls of probate. If your goal is to give your loved ones less paperwork and more peace of mind, you'll get the tools and clarity you need here.
By the end of this episode, you'll know exactly why your will doesn't work like your power of attorney, the steps your family has to take in probate in Georgia, and what you can do to make things easier for everyone after you're gone.
I'll break down the difference between heirs and beneficiaries, what "Letters Testamentary" actually means, and some hidden twists in the law that catch many families off guard. You'll walk away with not just an understanding of probate, but real options for making sure your family can focus on healing, not on jumping through hoops at the courthouse.
Chapter Highlights
(00:00) What Happens When Power of Attorney Stops Working After Death? (01:26) Why Your Will Can't Unlock Bank Accounts Without Probate (04:23) What Are "Letters Testamentary" and Why Do You Need Them? (05:26) Who Gets Notified: Understanding Heirs vs. Beneficiaries (06:39) What If There's No Will? Intestate Succession Explained (08:05) The Georgia Rule: Who Inherits When There's a Spouse and Kids? (11:23) Why Beneficiary Designations Aren't Always Enough (12:31) How Wills with Trusts Protect Minor Children (13:31) Announcing the Estate—What to Do About Creditors (15:36) Is there a way to avoid the Probate process? (16:57) What "Probating a Will" Actually Means—And Why It Matters (18:30) How to Get More Help and Plan Ahead for Your Family
Reserve Your Spot at Our Next Estate Planning Law Group of Georgia Workshop
https://letstalkestateplanning.com/estate-planning-workshops/
Visit our website to learn more
https://letstalkestateplanning.com/
Call Us
(770) 822-2723
Watch the Podcast on YouTube
https://www.youtube.com/@estateplanninglawgroupofge137
Meet Jim Miskell
Jim Miskell is the principal attorney and founder of the Estate Planning Law Group of Georgia, James M. Miskell, PC, and practices exclusively in the areas of Elder Law, Estate Planning, and Probate. Jim began his law career more than 30 years ago as an Assistant District Attorney, specializing in prosecuting crimes against children and special victims.
For the past decade, Jim has been in private practice as The Estate Planning Law Group of Georgia, James M. Miskell, P.C. and now specializes in wills, trusts, estate planning, and elder law, helping families plan for all stages of their lives.
No two families are the same and no two estate plans are the same. Jim believes that estate planning is most effective when you understand all of your options before making any major decisions. To that end, the Estate Planning Law Group of Georgia, James M. Miskell, PC, offers free educational workshops so that clients discover potential issues and options for their families. Then, in consultation, families can make informed decisions in planning for the future.
Disclaimer:
The information provided in this podcast is for general informational and educational purposes only. It is not legal advice. If you need advice about your specific situation, please consult a qualified attorney licensed to practice in your state and experienced in the relevant area of law.
View all episodes
By The Estate Planning Law Group of GeorgiaWhat is probate, and why doesn't a will keep us from having to go through probate?
Most folks think, "If I have a will, everything's covered." The reality is, having a will usually means you're headed straight for probate—a legal process that can delay access to funds, add stress when your family is grieving, and complicate matters just when you thought you'd planned ahead.
In this episode, I'll walk you through Jennifer's story—a real-life example of how even the best-laid plans can leave your family in limbo if you don't understand the pitfalls of probate. If your goal is to give your loved ones less paperwork and more peace of mind, you'll get the tools and clarity you need here.
By the end of this episode, you'll know exactly why your will doesn't work like your power of attorney, the steps your family has to take in probate in Georgia, and what you can do to make things easier for everyone after you're gone.
I'll break down the difference between heirs and beneficiaries, what "Letters Testamentary" actually means, and some hidden twists in the law that catch many families off guard. You'll walk away with not just an understanding of probate, but real options for making sure your family can focus on healing, not on jumping through hoops at the courthouse.
Chapter Highlights
(00:00) What Happens When Power of Attorney Stops Working After Death? (01:26) Why Your Will Can't Unlock Bank Accounts Without Probate (04:23) What Are "Letters Testamentary" and Why Do You Need Them? (05:26) Who Gets Notified: Understanding Heirs vs. Beneficiaries (06:39) What If There's No Will? Intestate Succession Explained (08:05) The Georgia Rule: Who Inherits When There's a Spouse and Kids? (11:23) Why Beneficiary Designations Aren't Always Enough (12:31) How Wills with Trusts Protect Minor Children (13:31) Announcing the Estate—What to Do About Creditors (15:36) Is there a way to avoid the Probate process? (16:57) What "Probating a Will" Actually Means—And Why It Matters (18:30) How to Get More Help and Plan Ahead for Your Family
Reserve Your Spot at Our Next Estate Planning Law Group of Georgia Workshop
https://letstalkestateplanning.com/estate-planning-workshops/
Visit our website to learn more
https://letstalkestateplanning.com/
Call Us
(770) 822-2723
Watch the Podcast on YouTube
https://www.youtube.com/@estateplanninglawgroupofge137
Meet Jim Miskell
Jim Miskell is the principal attorney and founder of the Estate Planning Law Group of Georgia, James M. Miskell, PC, and practices exclusively in the areas of Elder Law, Estate Planning, and Probate. Jim began his law career more than 30 years ago as an Assistant District Attorney, specializing in prosecuting crimes against children and special victims.
For the past decade, Jim has been in private practice as The Estate Planning Law Group of Georgia, James M. Miskell, P.C. and now specializes in wills, trusts, estate planning, and elder law, helping families plan for all stages of their lives.
No two families are the same and no two estate plans are the same. Jim believes that estate planning is most effective when you understand all of your options before making any major decisions. To that end, the Estate Planning Law Group of Georgia, James M. Miskell, PC, offers free educational workshops so that clients discover potential issues and options for their families. Then, in consultation, families can make informed decisions in planning for the future.
Disclaimer:
The information provided in this podcast is for general informational and educational purposes only. It is not legal advice. If you need advice about your specific situation, please consult a qualified attorney licensed to practice in your state and experienced in the relevant area of law.