How Does Estate Planning Work in Georgia?

Georgia has not adopted the Uniform Trust CodeO.C.G.A. § 53-12-1 et seq.Verified Jul 15, 2026View source and does not require witnesses for trust executionO.C.G.A. § 53-12-1 et seq.Verified Jul 15, 2026View source. Notarization is not required for validityO.C.G.A. § 53-12-1 et seq.Verified Jul 15, 2026View source, though many financial institutions require notarized trust documents. Georgia has no separate trust creditor-notice step — the settlor's debts stay subject to the general claims and limitations period (up to 3 monthsO.C.G.A. § 53-12-82(a)(2)(C) (trust property subject to estate creditor claims only to extent probate estate inadequate; no trustee creditor procedure), § 53-7-41 (probate PR publication, 3-month bar from last publication). Verified 2026-07-15.Verified Jul 15, 2026View source), which the trustee settles before distributing.

A healthcare power of attorney in Georgia requires 2 witnessesO.C.G.A. § 31-32-4Verified Jul 15, 2026View source to be valid. A financial power of attorney requires 1 witness and notarizationO.C.G.A. §§ 10-6B-1 through 10-6B-81Verified Sep 18, 2026View source. A financial power of attorney is durable by default, so it stays in effect if you become incapacitatedO.C.G.A. §§ 10-6B-1 through 10-6B-81Verified Sep 18, 2026View source.

In Georgia, the executor files an inventory of the estate's assets within 180 daysO.C.G.A. §§ 53-7-30, 53-7-31, 53-7-32, 53-7-33Verified Sep 15, 2026View source of appointment. A revocable trust skips the court-supervised inventory, so a trustee distributes without filing one.

In Georgia, divorce does not automatically revoke a beneficiary designation that names a former spouseO.C.G.A. § 53-4-49Verified Sep 15, 2026View source; the former spouse stays the named beneficiary until the designation is changed.