Do I have to list assets that passed by right of survivorship to my mother on the inventory?

Short answer: Generally no. In Georgia, assets that pass immediately to a surviving owner by right of survivorship (for example, joint tenancy property titled with right of survivorship or certain beneficiary-designated accounts) typically pass outside probate and are not part of the decedent’s probate estate, so they usually are not required to be listed on the probate inventory. But there are important exceptions and practical steps to follow.

Detailed answer — how survivorship works and what to include on an inventory

This explanation assumes no unusual facts (no fraud, no creditors contesting the transfer, no competing claims). Always confirm with your probate court or an attorney for your situation.

1. What “right of survivorship” means

When property is owned in joint tenancy (or similar forms of joint ownership that include a right of survivorship), ownership automatically vests in the surviving joint owner(s) when one owner dies. That transfer happens by operation of law — it is not a transfer under the terms of the decedent’s will and typically does not go through probate.

Common examples that pass outside probate:

• Real estate held as joint tenants with right of survivorship (deed language matters)
• Bank accounts titled as joint tenants with right of survivorship or payable-on-death (POD) designations
• Retirement accounts and IRAs with named beneficiaries
• Life insurance proceeds paid to a named beneficiary

2. What the probate inventory covers in Georgia

The probate inventory is intended to show property that is part of the decedent’s probate estate — property that the personal representative (executor/administrator) must collect, manage, and distribute under court supervision. Assets that pass automatically by survivorship or by beneficiary designation generally are not probate assets, so they are not usually required to be included on the estate’s inventory.

For the official statute framework on probate and inventories, see Georgia Code, Title 53 (Probate) at the Georgia General Assembly website: https://www.legis.ga.gov/ (search Title 53 for inventory and administration provisions).

3. When you should still list survivorship assets (or at least disclose them)

Even though survivorship assets are generally not part of probate, there are situations where you should list or disclose them to the court or creditors:

• Claims by creditors: If the estate is being opened to pay debts, the court or creditors may require disclosure of transfers to determine if transfers reduced the estate to defeat creditors.
• Potential disputes or questionable transfers: If someone alleges the joint account or deed was created to hide assets or was the result of fraud or undue influence, the court may treat the property as part of the estate until resolved.
• Administrator’s duties: Some probate clerks or judges ask for a full picture of decedent assets — even those outside probate — so they can determine income available for claims, taxes, or administration costs.
• Title/recording matters: For real property, the clerk or registry of deeds may require a certified copy of the death certificate and an affidavit for survivorship transfers. Even if not part of the inventory, you’ll need to provide documentation to effect the title change.

4. Practical guidance: what to do if your mother received property by survivorship

1. Confirm how the asset was titled before death. For real estate, review the deed; for bank accounts, review the signature card or account title; for retirement and insurance accounts, check beneficiary designations.
2. Keep documentation. Retain the deed, account statements, beneficiary forms, death certificate, and any affidavits used to transfer title. Courts and institutions commonly request certified copies of the death certificate to process survivorship claims.
3. Ask the probate clerk whether the asset must be listed. Some Georgia probate courts expect you to state that the asset exists but note it passes outside probate; others want it off the inventory. Local practice varies.
4. If you are the personal representative, disclose potential survivorship assets when completing inventory forms if the court’s forms ask for them or if requested by the clerk; mark them as “non-probate” and explain the basis (e.g., joint tenancy with right of survivorship; beneficiary designation).
5. Consider creditor and tax implications. If estate administration is for the purpose of paying creditors or filing estate tax returns, discuss with counsel whether including or disclosing survivorship assets is necessary for complete administration.

5. Examples

Example A — Joint bank account with mother: John and Mary held a checking account as joint tenants with right of survivorship. John dies. The balance passes to Mary immediately by survivorship and normally does not belong to John’s probate estate. If Mary is the surviving joint tenant and there are no allegations of fraud, she does not normally list the account balance as an estate asset on the probate inventory (but she should keep documentation showing the account’s title and the death certificate in case the court or creditors request proof).

Example B — House titled jointly with right of survivorship: Susan and her daughter Amy own a house as joint tenants with right of survivorship. After Susan’s death, title passes to Amy automatically. Amy will typically file an affidavit and a certified death certificate with the county recorder to update title; the house is not likely to be listed as part of Susan’s probate inventory unless there is a dispute.

6. When survivorship transfers can be undone or treated as estate property

The court may treat the asset as part of the estate if there is evidence that the survivorship arrangement was fraudulent, was created for the purpose of defrauding creditors, or was the result of undue influence. Similarly, if the joint owner was merely a nominee or convenience owner (not intended to have actual ownership), the probate court may restore the asset to the estate.

What to do next — step-by-step checklist

• Locate title documents, account records, beneficiary forms, and the death certificate.
• Contact the probate court clerk where the decedent’s estate is opened and ask whether you should include or disclose each non-probate asset on the inventory form.
• If you’re the personal representative and unsure how to report a particular asset, mark it as “non-probate with right of survivorship” on any inventory and attach copies of supporting documents.
• If there is any sign of dispute (creditors, siblings contesting ownership, suspicious transfers), consult a probate or estate attorney promptly.

Helpful Hints

• Don’t assume: local probate clerks’ preferences differ. Call and ask before filing an inventory.
• Label items clearly on forms: use “non-probate — passes by right of survivorship” to avoid confusion.
• Keep certified copies of the death certificate; institutions usually require them to release or retitle non-probate assets.
• Preserve communications and documents showing why joint ownership was created (e.g., convenience, shared purchase) in case of future disputes.
• If you suspect fraud or creditor issues, obtain legal advice early — a survivorship transfer can be challenged in Georgia under certain circumstances.

Disclaimer: This article provides general information about Georgia probate concepts and is not legal advice. It does not cover every possible scenario. For advice about a specific estate, inventory questions, or disputes, consult a licensed Georgia probate attorney or contact the probate court clerk in the county where the estate is opened.