Shawn Breyer
Losing your husband is hard enough. Trying to figure out what happens to his business afterward can feel overwhelming.
You may be wondering: Can I take over my husband’s business after he died in Georgia?
The answer depends on how the business was set up and whether your husband had a will or estate plan.
This guide walks you through every step—clearly and simply—so you don’t have to piece it together on your own.
Avoid the delays, expenses, and public exposure of probate.
Schedule your free, no-pressure Estate Planning Roadmap Call today.
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This section explains how a business is handled when the owner passes away, and why the type of business matters.
If your husband was the sole owner of the business, it doesn’t automatically transfer to you. In Georgia, the next steps depend on the business structure:
Tip: Try to locate any business documents—like an operating agreement, partnership agreement, or shareholder agreement. These will show what happens next.
This section explains how a will or trust affects your ability to take over the business.
If your husband left a will, it may say who inherits the business.
If the will names you, and the business is part of the estate, you’ll need to go through probate to make that official.
If he had a living trust, the business might be owned by the trust.
In that case, the trust will name a successor trustee (a person in charge of the trust after death), and you may be able to step in more quickly without going through probate.
If there’s no will, Georgia law decides who gets what.
As a surviving spouse, you usually have a right to a large share of the estate, but you’ll still need to go through probate to get legal control.
This section gives you a step-by-step guide for managing or taking over the business.
Find the legal documents
Look for the will, trust, or any business agreements. These documents are key.
File for probate
If the business is part of the estate and there’s no trust or agreement in place, you’ll need to open probate in Georgia. This is a court process that gives someone legal authority to handle the estate.
Ask to be appointed as executor or administrator
The executor is the person named in the will to manage the estate. If there’s no will, you can apply to be the administrator. Once approved, you can handle business matters on behalf of the estate.
Check business licenses and accounts
Some licenses and bank accounts may be tied to your husband’s name. Once you’re the legal representative, you can update these.
Keep business and estate funds separate
Open a new estate account for business income or expenses during probate. This keeps records clean and avoids confusion.
Talk to an accountant
Taxes get tricky after someone dies. A CPA can help you handle final tax returns and business income during probate.
This section helps if your husband wasn’t the only owner.
If the business had partners, check the buy-sell agreement or partnership agreement.
Many businesses plan for an owner’s death by allowing remaining partners to buy out the deceased owner’s share.
In that case, you may not be able to run the business—but you might receive a payout from the estate.
Tip: Don’t agree to anything until you’ve seen the partnership documents and know what your rights are.
This section covers how to manage the business while the estate is still being settled.
Yes, in many cases you can. But you need court approval or legal authority first.
If you’re named executor or administrator, you can run the business temporarily as part of your duties—especially if keeping it open protects its value.
But you’ll need to keep records and may need court approval for major decisions (like selling the business or taking on new loans).
Example: If your husband owned a landscaping company, you can keep serving customers and paying employees while probate is active—but you shouldn’t change ownership or sign contracts without proper authority.
Here are questions people ask us when trying to figure out how to probate real estate.
No. In Georgia, even if you’re the surviving spouse, you usually need to go through probate to get legal ownership of your husband’s business—unless it was in a trust or jointly owned.
Debts don’t go away when someone dies. Creditors can make claims during probate.
The estate may have to pay these before anything is passed down.
It can take a few months to over a year, depending on how complex the estate is and whether anyone contests it.
You don’t have to hire a lawyer, but probate can be confusing and emotional—especially when a business is involved. Many people feel better having help.
Taking over your husband’s business after he died in Georgia can feel overwhelming, but you’re not alone—and you can do this.
Start by gathering documents and figuring out how the business was owned.
If probate is needed, file quickly and ask to be the one in charge.
Next Steps:
If you’re unsure what to do, fill out the form below.
Avoid the delays, expenses, and public exposure of probate.
Schedule your free, no-pressure Estate Planning Roadmap Call today.
"*" indicates required fields
Our Georgia probate lawyers work remotely, so you don’t have to visit an office. Here are all the counties we serve in Georgia.
