Dealing with the death of a loved one is challenging enough without the added complexities of probate. But what happens if a beneficiary dies before the probate process is complete in Georgia?
Impact on the will
In Georgia, the will of the deceased typically tells about the estate distribution. If a beneficiary named in the will dies before probate, the outcome depends on the specific terms of the will. Sometimes, the will includes a “survivorship clause,” which requires beneficiaries to survive the deceased by a certain period, usually 30 to 90 days. If the beneficiary does not survive for this period, the inheritance may go to other named beneficiaries or, according to the residuary clause, in the will.
Intestate succession
If the will does not address the issue or if there is no will, Georgia’s intestate succession laws come into play. These laws determine the estate division among the surviving heirs. If a beneficiary dies before probate and there is no alternate beneficiary named, their share may pass to their heirs, such as their children or spouse, depending on the specific circumstances.
Legal procedures
When a beneficiary dies before probate, the executor or personal representative of the estate must update the court and provide information about the deceased beneficiary. This might involve additional legal procedures, such as appointing a representative for the deceased beneficiary’s estate or redistributing the assets according to the will or state law.
The death of a beneficiary before probate introduces various legal complexities in Georgia. It is important to make sure you have the right knowledge that can help you ensure the fair management of the estate for all parties involved.