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.
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