Probate in and of itself is not bad. Probate is simply the process of getting a Judge to grant you the authority to distribute a deceased person’s property to their heirs or beneficiaries. Probate is often seen as a bad thing because of a few reasons: 1) it can be highly time intensive; 2) it can be expensive; and 3) it is public record. Probate in Georgia should take a minimum of six months and can be a much longer process. The county you live in, whether you had a Will or not, whether you owe anyone money, and how large your estate is can all impact the length of time it takes to probate your estate. Finally, Georgia law requires that to probate an estate, the person’s Will must be filed with the Court. Depending on how the Will is drafted, the Court may require an inventory of everything you owned at your death be filed. Everything filed with the Probate Court is public record so anyone can see your Will as well as the inventory. This is highly concerning to many people who value their privacy.
None of these factors on their own are bad. Whether your Estate Plan should be Will based and require probate, or Living Trust based and avoid probate is a highly personal decision. There is no one size fits all template.