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Home→Tools→State Estate Planning Guides→Georgia

How Does Estate Planning Work in Georgia?

Your complete Georgia estate planning overview: probate costs, will execution requirements, trust rules, and what happens if you die without a plan.

Frequently Asked Questions

Probate in Georgia uses reasonable compensation for attorney fees, typically 2.1-3.4% of the estate value — about $41,248 all-in on a $500,000 estate. Estates under $15,000 may qualify for Bank Deposit Affidavit.

Simple estates in Georgia typically take 6-9 months through probate. Complex or contested estates can take 1-3 years. A revocable trust avoids probate entirely.

Georgia 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.

Georgia offers transfer-on-death deeds to pass real estate without probate. These tools, combined with revocable trusts and beneficiary designations, provide multiple ways to transfer assets without probate.

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 must file an inventory of the estate's assets within 180 days of appointment. A revocable trust skips the court-supervised inventory entirely, so a trustee distributes assets without filing one.

In Georgia, divorce does not automatically revoke a beneficiary designation that names a former spouse — the former spouse remains 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.

Probate in Georgia runs attorney fees on a reasonable-compensation standard, typically 2.1-3.4% of the estate value, with room to negotiate. A simple estate typically closes in 6-9 months, and the 3-month creditor-claim window sets the floor. Estates under $15K can use the Bank Deposit Affidavit and avoid full probate administration. 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.

SimplyTrustSimplyTrust Editorial·Updated July 13, 2026

Sources

  • lexisnexis.com

Data sourced from Georgia estate law primary sources (1 pages reviewed). How we research.

Georgia Estate Planning Tools

  • Answer a specific Georgia question: How much does probate cost in Georgia? · Who inherits without a will in Georgia? · Do I need probate in Georgia? · How much does a will cost in Georgia? · How much does a trust cost in Georgia? · How do I sign a will in Georgia?

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