When your father died, it is very normal to ask this question. The answer may surprise you. The answer is “maybe”.
It is normal to wonder what the next steps are when you lose a loved one. The probate process is only required if your father owned property or accounts or insurance policies without beneficiaries or co-owners.
For example, if your dad had a joint checking account with your mom and mom is still living, then the money in the account belongs to your mom – 100%. If your dad had a checking account only in his name but he named you as the beneficiary, then you have a claim on the checking account and no probate is required.
Think of real property. Sometimes a person owns property with someone else as a joint tenant. The deed will actually say: “as joint tenants”. If you own property with another person who is still living when you die, then that living person owns 100% of the property. Georgia now has a Transfer on Death deed. If your dad owned property that names a beneficiary of that property when he dies, then the beneficiary will be the 100% owner of that property if they file the correct paperwork within the time limit.
Other property or accounts that do not have a joint owner or a beneficiary will need to be transferred by someone with permission of the probate court. That person is called an executor. An executor named in a will can transfer property and take care of business for your father after they have been approved by the probate court. You don’t get approved unless you follow the process. The probate process can be completed by someone without an attorney, but mistakes can be expensive, frustrating, and time consuming. The process is easier to manage with the help of a probate attorney. If the attorney you hire does not ask about what your father owned in that first conversation, then you should probably talk to someone else. We’ll talk about the probate process in a future blog.
