By Lisa Glauber Shippel, Esq.
When a loved one passes away, don’t wait too long to review their assets. Even if you think everything transferred properly, it only takes one overlooked account to trigger the need for probate and potentially double the work if it’s not caught early.
“I Thought We Didn’t Need Probate…”
It’s common for people to assume that probate isn’t necessary, especially if:
- They’re the surviving spouse or next of kin
- All accounts were set up with named beneficiaries
- Assets were jointly held
That’s great in theory, but in reality, one missed account (with no named beneficiary or joint owner) means you’ll need to file probate to legally transfer it. And the longer you wait, the more complicated it can get.
Real-Life Probate Pitfalls
In my 30+ years of experience, I’ve seen this happen more often than you’d think:
- A couple holds most assets jointly.
- One spouse passes away.
- Everyone assumes everything passes to the surviving spouse.
- Years later, a child goes to access an old account and realizes it’s still in the deceased spouse’s name.
By then, the surviving spouse may have also passed, meaning both estates now require probate, and you’re stuck probating two estates instead of one.
Worse, if one of the legal heirs has passed away in the meantime, you have to probate their estate too, just to get someone with authority to sign the necessary petition.
How to Avoid a Multi-Probate Mess
After a death, whether it’s a parent, spouse, or sibling, it’s wise to:
- Review all accounts and assets (including old bank accounts, insurance policies, retirement accounts, etc.)
- Verify that beneficiaries are listed and correct
- File early if even one asset is missing a transfer designation
- Consult a probate attorney to walk you through what’s needed and avoid surprises
What We Do at Lisa Shippel Law
We help families across Georgia navigate the probate process smoothly and efficiently, whether it’s a single account that needs to be transferred or a full estate that requires court intervention. We also provide guidance so future estates are easier to manage.
Don’t wait until years down the road to fix what can be handled now. It’ll save time, money, and stress.
info@lisashippellaw.com
Call us: 678-615-3349