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Home→Forms→Revocable Living Trust→Georgia

Georgia Estate Planning Resources

In-depth guides covering Georgia probate laws, trust requirements, and estate planning strategies.

Georgia Revocable Living Trust

Georgia revocable living trust: avoid probate, name beneficiaries, set distribution rules, appoint a successor trustee. State-specific execution.

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SELF-HELP SERVICE: SimplyTrust provides a self-help document preparation service. We are not a law firm and cannot provide legal advice, select forms for you, or tell you how to complete forms. Our role is limited to providing a platform where you input your own information into document templates.

NOT LEGAL ADVICE:This document was created entirely based on your selections. SimplyTrust does not review, analyze, or verify your entries, nor do we verify your identity, capacity, or authority to act. You are solely responsible for determining whether this document meets your needs and for completing all required execution formalities (signatures, witnesses, notarization, or recording) in accordance with your state's laws. For any legal questions, consult a licensed attorney in your state.

Frequently Asked Questions About Georgia Revocable Living Trusts

Yes. Assets held in a revocable living trust bypass Georgia probate entirely — no court supervision, no public record, no statutory fees.O.C.G.A. § 53-12-1 et seq.Verified May 30, 2026 Full probate in Georgia typically takes 9-12 months. Use the Georgia probate cost calculator to see what probate would cost without a trust.

Georgia accepts a certificate of trust in lieu of the full trust instrument.O.C.G.A. § 53-12-280Verified May 30, 2026 The certificate confirms the trust exists, identifies the trustee, and states the trustee's powers — without disclosing beneficiaries or distribution terms. Third parties who rely on the certificate in good faith are protected by statute.O.C.G.A. § 53-12-280(e)Verified May 30, 2026

Many families with a trust also use a pour-over will — one way to direct assets not transferred into the trust during your lifetime. Pour-over assets go through probate before reaching the trust. Create a Georgia pour-over will if needed.

The successor trustee takes over and the trust becomes irrevocable. The trustee manages the 3-month creditor claim window and distributes assets according to the trust terms — all without probate court involvement.O.C.G.A. § 53-12-1 et seq.Verified May 30, 2026 Georgia requires beneficiary notification within 60 days of death. Use the Trust EIN application tool to get the tax ID.

Most assets can be transferred: Georgia real estate (via a Warranty Deed or Transfer on Death Deed), bank accounts, investment accounts, vehicles, and personal property.O.C.G.A. § 53-12-1 et seq.Verified May 30, 2026 Retirement accounts (401k, IRA) use beneficiary designations rather than being retitled. Life insurance policies can name the trust as beneficiary. The key is funding — only assets actually transferred into the trust bypass probate.

It depends on your estate size and goals. Georgia allows simplified probate for estates under $15,000,O.C.G.A. § 7-1-239 (small estate), § 53-2-40 (no administration necessary), § 53-6-50 (bond), § 53-6-53 (testate bond exemption), § 53-6-60 (executor fees), § 53-7-6 (attorney fees), § 53-7-41 (creditor claims/publication)Verified May 30, 2026 so smaller estates may not need a trust for cost savings alone. Use the Georgia trust vs. will comparison to see which fits your situation.

Georgia offers transfer-on-death deeds for real estate,O.C.G.A. 44-17-1 to 44-17-7Verified May 30, 2026 which transfer property at death without probate. A TOD deed is simpler for a single property, but a trust covers all asset types, provides incapacity protection, and keeps distributions private. Check eligibility with the TOD deed checker.

While you're alive, a revocable trust uses your Social Security number. After the grantor dies, the trust needs its own EIN from the IRS. Use the Trust EIN application to prepare the paperwork.

Avoiding Probate in Georgia

A revocable trust avoids Georgia probate, which typically takes 9 monthsO.C.G.A. § 7-1-239Verified May 30, 2026 to 12 monthsO.C.G.A. § 7-1-239Verified May 30, 2026. Without a trust, assets in your name go through public court proceedings. Everyone needs a will — the question is whether a trust adds enough value to justify the cost.

Georgia allows simplified probate for estates under $15,000O.C.G.A. § 7-1-239Verified May 30, 2026. Estates below this threshold can often avoid full probate with a will alone. A trust becomes more valuable as estate size grows, when privacy matters, or when you own property in multiple states.

Trust administration in Georgia happens privately. The successor trustee handles the 3 monthsO.C.G.A. § 53-12-1 et seq.Verified May 30, 2026 creditor window and distributes assets per the trust terms. A certificate of trust — accepted by Georgia banks, title companies, and recorders — establishes the trustee's authority without revealing the full document. To fund the trust with real property, a Warranty Deed or Transfer on Death DeedO.C.G.A. § 53-12-1 et seq.Verified May 30, 2026 is recorded with the county.

Some families pair a trust with a pour-over will — one way to direct unfunded assets into the trust at death. Other options include beneficiary designations and TOD deeds.

SimplyTrustSimplyTrust Editorial·Updated May 30, 2026

Legal Sources

  • O.C.G.A. § 53-12-1 et seq.
  • O.C.G.A. § 7-1-239

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

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