Skip to content

Atlanta Estate Planning, Wills & Probate | Siedentopf Law

Video: Does Having A Will Mean You Avoid Probate?

Does having a will mean you avoid probate?
In Siedentopf Law’s latest video, Georgia estate planning and estate attorney Sarah Siedentopf answers the question, “Does having a will mean you avoid probate?”


A question I get asked a lot is, “Does a will avoid probate?” The quick answer is no, a will does not avoid probate. However, if you’ve had this question, don’t feel bad. I’ve been asked this question by many, many people including attorneys (who probably should have known better). A will is actually designed to get you through probate quickly and easily. If you’re dedicated to avoiding probate, you’re probably talking about a trust. Trusts do in fact avoid probate. And now, if you have an estate with practically no assets, maybe a very small bank balance, or a single car that needs the title transferred, we might be able to actually avoid probate there as well, without a trust. But, does a will avoid probate? No. A will does not avoid probate. But, in Georgia, that’s a not a big deal. Georgia probate is not scary. It doesn’t take a significant amount of time. It is not expensive. Some other states, that’s not the case, and avoiding probate is a big deal. That is not true in Georgia. So, I still recommend a will to many, many people. If you need a will, come see me. If you really, really want to avoid probate, come see me for a trust. Thanks.
© Sarah Siedentopf and Siedentopf Law, 2018. Unauthorized use and/or duplication of this material without express and written permission from this site’s author and/or owner is strictly prohibited. Excerpts and links may be used, provided that full and clear credit is given to Siedentopf Law and with appropriate and specific direction to the original content.

Whether you’re in the Atlanta and Brookhaven areas, or in Cobb, DeKalb , Fulton, Gwinnett, or another county in metro Atlanta, we can help you. We can also work with executors by phone or video conference if they are out of state or far away. Only after listening carefully will we present the options that are right for you and explore the benefits and costs of each one. 

Estate Planning E-Book for Georgia Residents

Click below to download your free copy of Sarah Siedentopf's e-book, Peace of Mind Through Estate Planning: A Guide for Georgia Residents.