Estate Planning in Georgia Without a Home

What Happened

A Georgia elder law firm published an analysis this month addressing one of the most persistent misconceptions in estate planning: that only homeowners need a plan. The piece, written for Georgia residents, directly challenges the assumption that real estate ownership serves as the threshold for whether an estate plan matters. The firm argues that this belief leads many Georgians to skip planning entirely, leaving their families exposed to uncertainty, delay, and court involvement.

The article explains that an estate encompasses far more than real property. Bank accounts, retirement funds, vehicles, investments, intellectual property, and digital assets all form part of a person's estate. Without a plan, Georgia law steps in to determine who receives those assets — a process that follows fixed statutory rules regardless of the deceased person's actual wishes. The firm notes that estate planning also addresses incapacity, not just death, giving individuals control over medical decisions and financial management if they become unable to act for themselves.

The piece encourages readers to begin by inventorying all assets and liabilities, including digital accounts and debts, before consulting an estate planning attorney. It highlights several core functions of an estate plan: naming beneficiaries, appointing guardians for minor children, designating someone to manage assets during incapacity, and documenting healthcare preferences through an advance directive. The article frames estate planning as a tool for protecting people and their loved ones — not merely a mechanism for transferring real estate.

What It Means

For Georgia residents without a home, the stakes of going without an estate plan remain significant. Georgia's intestacy laws distribute assets according to a fixed hierarchy. A surviving spouse with no children inherits the entire estate. When children exist, the spouse splits equally with the children but always receives at least one-third. That formula applies regardless of what the deceased person may have wanted. A partner who is not legally married, a close friend, a sibling, or a favorite charity receives nothing under intestacy — only those who fit the statutory heir categories inherit. The law does not ask what the decedent preferred.

The financial costs of dying without a plan extend beyond the loss of control over distribution. Georgia probate typically runs 9 months to 12 months. Court filing fees start at $175O.C.G.A. § 15-9-60(e)(1) (2024 Ga. L. Act 515 / SB 232, eff. 1/1/2025)Verified Sep 8, 2026View source, and attorney fees typically range from 2.1%O.C.G.A. § 53-7-6(4) (PR authorized "to provide competent legal counsel for the estate...either the personal representative or the attorney employed may, by petition to the probate court...obtain a judgment fixing the attorney's fees and expenses"; no statutory percentage) (Verified 2026-09-08 against GA Code § 53-7-6 (2025))Verified Sep 8, 2026View source to 3.4%O.C.G.A. § 53-7-6(4) (PR authorized "to provide competent legal counsel for the estate...either the personal representative or the attorney employed may, by petition to the probate court...obtain a judgment fixing the attorney's fees and expenses"; no statutory percentage) (Verified 2026-09-08 against GA Code § 53-7-6 (2025))Verified Sep 8, 2026View source of the estate's value. On a $500,000 estate, those fees can reach $38,748O.C.G.A. § 53-7-6(4) (PR authorized "to provide competent legal counsel for the estate...either the personal representative or the attorney employed may, by petition to the probate court...obtain a judgment fixing the attorney's fees and expenses"; no statutory percentage) (Verified 2026-09-08 against GA Code § 53-7-6 (2025))Verified Sep 8, 2026View source before executor commissions. Georgia also requires a surety bond for administrators of intestate estates, though all heirs can unanimously consent to waive it. A will or trust does not eliminate probate entirely, but it gives the decedent's chosen representative authority to act — and can authorize independent administration, reducing court oversight significantly. For people who do not own a home, these costs still apply to whatever assets they do hold.

The healthcare dimension of estate planning carries equal weight. Georgia uses a single document — the Georgia Advance Directive for Health CareO.C.G.A. Title 31, Chapter 32 (Georgia Advance Directive for Health Care Act), §§ 31-32-1 to 31-32-14Verified Sep 27, 2026View source — to handle both the appointment of a healthcare agent and the expression of end-of-life wishes. The document requires 2O.C.G.A. § 31-32-5(a), (c)(1), (e)Verified Sep 27, 2026View source witnesses. Notarization is not required. Without this document, healthcare providers follow default legal protocols, which may not align with the patient's actual wishes. Georgia law does not give an unmarried partner automatic authority to make medical decisions. Similarly, a financial power of attorney — which requires 1O.C.G.A. §§ 10-6B-1 through 10-6B-81Verified Oct 21, 2026View source witness and notarization — allows a trusted person to manage bank accounts, pay bills, and handle financial affairs during incapacity. Without one, a family member seeking that authority must petition a court for guardianship or conservatorship, a process that takes time and money even when the outcome is not in dispute. These documents matter just as much for renters and non-homeowners as they do for property owners.

Georgia also offers a small estate pathway for bank deposits valued at $15,000O.C.G.A. § 7-1-239Verified Sep 8, 2026View source or less. Eligible heirs can present a notarized affidavit directly to the financial institution holding the decedent's deposit, bypassing probate entirely for those funds. This route works only for qualifying bank accounts — real property is excluded — and the affidavit must be signed by the appropriate heir in the statutory priority order. For estates that fall above that threshold, or that include assets beyond bank deposits, full probate remains the default path without advance planning. A properly funded trust removes assets from the probate estate entirely, regardless of their type or value.

Context from SimplyTrust

The premise of the source article — that estate planning belongs to everyone, not just homeowners — aligns directly with how SimplyTrust approaches the subject. Estate planning applies to anyone with assets, dependents, or healthcare preferences, whether or not they own real property. A renter with a retirement account, a car, a digital library, and a child has real planning needs. Georgia's fixed intestacy rules and default healthcare protocols do not distinguish between homeowners and non-homeowners — they apply to everyone who dies without documented instructions.

Starting an estate plan begins with understanding what you own. An estate inventory checklist helps organize financial accounts, personal property, digital assets, and debts into a single reference point. That inventory becomes the foundation for every subsequent planning decision — who receives which assets, who manages them during incapacity, and how the estate settles after death. For Georgia residents who have delayed planning because they do not own a home, that starting point remains the same regardless of what the estate contains.

Source: Do you need an estate plan if you don't own a house? - Elder Law of Georgia