Even when a trust is properly created and most assets are transferred, it is common for one or two items to be overlooked. This might be a bank account, a piece of property, or an investment account that was not retitled into the trust.
In Georgia, that one asset can still create a separate probate process.
If an asset remains in your individual name at the time of your passing, it is generally not governed by the trust. Instead, it becomes part of your probate estate. This means your executor may need to open a probate case to handle that single asset, even if everything else is properly held in the trust.
In many cases, a will includes what is often called a “pour-over” provision. This directs that any remaining assets be transferred into the trust after death. While this can help align the asset with the trust’s overall plan, it does not avoid probate. The asset still has to go through the court process before it reaches the trust.
This can lead to added time, cost, and administrative steps that could have been avoided.
It is also worth noting that some assets pass outside of both probate and a trust, such as those with designated beneficiaries or joint ownership. However, if an asset is solely in your name and not connected to the trust, it will likely require probate in Georgia.
The takeaway is not that one missed asset will undo your entire plan, but it can create an extra layer of administration.
Periodically reviewing your assets and how they are titled can help ensure everything is aligned. Even small updates can prevent unnecessary complications later.
