Probate is the process by which assets are transferred after someone passes away. If the individual dies with a will, the will is admitted to the court to be probated, an executor is appointed, and the assets are transferred in accordance with the instructions contained in the will.
If an individual dies without a will, the assets pass in accordance with Georgia law. Many clients are shocked to learn that if an individual dies with a spouse and one child, the spouse and child split the probate assets equally. If an individual dies with a spouse and more than one child, the spouse gets one-third of the probate assets and the children split two-thirds.