How Does Estate Planning Work in Georgia?

Probate on a $500,000 estate in Georgia costs an estimated $38,748 and takes 6 months to 9 months for a simple estate, with attorney fees of typically 2.1% to 3.4% of the estate. Estates under $15,000 can use a small-estate procedure instead.

A simple estate in Georgia typically takes 6 months to 9 months through probate, and an average estate 9 months to 12 months; a contested one runs longer. The creditor claim period of 3 months is the floor. A funded revocable trust avoids probate entirely.

Georgia has not adopted the Uniform Trust Code and does not require witnesses for trust execution. Notarization is not required for validity, 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 months), which the trustee settles before distributing.

A healthcare power of attorney in Georgia requires 2 witnesses to be valid. A financial power of attorney requires 1 witness and notarization. A financial power of attorney is durable by default, so it stays in effect if you become incapacitated.

In Georgia, the executor files an inventory of the estate's assets within 180 days 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 spouse; the former spouse stays the named beneficiary until the designation is changed.

Estate Planning in Georgia

Estate planning in Georgia is shaped most by transfer-on-death deeds. The trade-off between a will and a revocable trust comes down to how that single feature affects your estate's probate path.

A will goes through probate, with attorney fees of typically 2.1% to 3.4% of the estate. A simple estate typically closes in 6 months to 9 months, and the 3 months creditor-claim window sets the floor. Estates under $15,000 can use the Bank Deposit Affidavit and avoid full probate administration. Real property is outside this procedure in Georgia: it reaches personal property only, and real estate transfers separately. The Bank Deposit Affidavit is presented directly to the bank, employer, or other holder of the property — it is not filed with a court.

For a revocable trust, Georgia does not require witnesses for trust execution. Notarization isn't required for validity, though banks and title companies typically expect a notarized trust before they'll work with it. Georgia has not adopted the Uniform Trust Code; trust administration follows the state's own rules, which can affect trustee duties and beneficiary remedies.

Georgia offers transfer-on-death deeds, which move real estate to a named beneficiary at death without probate. Combined with beneficiary designations on retirement accounts and payable-on-death registrations, these can move significant value outside probate without setting up a trust.

SimplyTrust Editorial·Updated October 17, 2026

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Data sourced from Georgia statutes and official state code. How we research.

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