When someone dies owning property as a joint tenant, Georgia law treats this property differently than other probate assets. You might wonder what happens to joint tenancy property during probate and how it impacts the distribution of the estate.
Understanding joint tenancy in Georgia
Joint tenancy means two or more people own property together with rights of survivorship. This right ensures that when one owner dies, their share automatically passes to the surviving owner(s), avoiding probate for that property.
What happens to joint tenancy property at death?
In Georgia, joint tenancy property bypasses probate entirely. It doesn’t become part of the deceased’s probate estate. Instead, the surviving joint tenant automatically owns the entire property without the need for court involvement or formal probate administration. This process helps simplify property transfer after death.
Does joint tenancy property affect the probate process?
Because joint tenancy property passes outside of probate, it reduces the assets that go through the probate process. This can simplify and shorten probate for the estate. However, it’s important to confirm the joint tenancy is properly established and documented to avoid complications. Incorrect paperwork or misunderstandings about ownership can cause delays.
What about disputes over joint tenancy property?
Disputes can arise if someone challenges the validity of joint tenancy or claims a right to the property. In such cases, the probate court or civil court might get involved to resolve ownership issues. These disputes can extend the probate process and create tension among heirs.
Protecting your interests with joint tenancy property
If you own property jointly in Georgia, understand that joint tenancy can help avoid probate for that asset. But it also means the property immediately transfers to the surviving owner, regardless of the deceased’s will. This transfer can affect how your overall estate is distributed.
Keep proper documentation and review your estate plan regularly to ensure joint tenancy aligns with your goals. Talking with trusted advisors can also help you understand if joint tenancy suits your situation.
