Should You Get a Trust or a Will in Georgia?
Compare probate costs, trust administration fees, and digital signing options for your state.
Frequently Asked Questions
Georgia uses reasonable compensation for probate fees, typically 2.1-3.4% of the estate value.O.C.G.A. § 53-7-6(4) (PR authorized "to provide competent legal counsel for the estate...either the personal representative or the attorney employed may, by petition to the probate court...obtain a judgment fixing the attorney's fees and expenses"; no statutory percentage) (Verified 2026-07-14)Verified Jul 14, 2026 A trust avoids probate entirely and distributes assets faster than the 6-9 month probate timeline.
Probate in Georgia typically costs 2.1-3.4% of the estate value in attorney fees alone.O.C.G.A. § 53-7-6(4) (PR authorized "to provide competent legal counsel for the estate...either the personal representative or the attorney employed may, by petition to the probate court...obtain a judgment fixing the attorney's fees and expenses"; no statutory percentage) (Verified 2026-07-14)Verified Jul 14, 2026 All-in costs on a $500,000 estate run about $41,248. A revocable trust has a one-time setup cost and no probate fees. See a detailed breakdown with the Georgia probate calculator.
No. A will must go through probate in Georgia. However, estates with personal property under $15,000 may qualify for Bank Deposit Affidavit, which is faster and less expensive than full probate.O.C.G.A. § 7-1-239 (bank deposit affidavit), § 53-2-40 (no administration necessary), § 53-5-15/§ 53-5-16 (common/solemn form probate), § 53-6-50 (bond), § 53-6-53 (bond on mismanagement), § 53-6-60 (executor commission), § 53-7-1(b)/§ 53-7-33/§ 53-7-69 (unsupervised administration), § 53-7-6 (attorney fees), § 53-7-41 (creditor claims/publication)Verified Jul 14, 2026
Simple estates in Georgia typically take 6-9 months through probate. Complex or contested estates can take 12-24 months or longer.O.C.G.A. § 7-1-239 (bank deposit affidavit), § 53-2-40 (no administration necessary), § 53-5-15/§ 53-5-16 (common/solemn form probate), § 53-6-50 (bond), § 53-6-53 (bond on mismanagement), § 53-6-60 (executor commission), § 53-7-1(b)/§ 53-7-33/§ 53-7-69 (unsupervised administration), § 53-7-6 (attorney fees), § 53-7-41 (creditor claims/publication)Verified Jul 14, 2026 A revocable trust avoids probate entirely; distributions follow the trustee’s administration rather than a court timeline.
Yes. A will becomes a public court record once it enters probate in Georgia. A revocable trust is a private document that does not go through probate, so the terms, beneficiaries, and asset details remain confidential.
Use the Georgia probate calculator to estimate attorney fees, executor fees, court costs, and the probate timeline.O.C.G.A. § 7-1-239 (bank deposit affidavit), § 53-2-40 (no administration necessary), § 53-5-15/§ 53-5-16 (common/solemn form probate), § 53-6-50 (bond), § 53-6-53 (bond on mismanagement), § 53-6-60 (executor commission), § 53-7-1(b)/§ 53-7-33/§ 53-7-69 (unsupervised administration), § 53-7-6 (attorney fees), § 53-7-41 (creditor claims/publication)Verified Jul 14, 2026
Whether a trust is cost-effective depends on estate size, property types, and Georgia's probate costs. The Georgia trust need assessment evaluates these factors against your specific situation.
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Georgia Estate Planning Resources
In-depth guides covering Georgia probate laws, trust requirements, and estate planning strategies.