Should You Get a Trust or a Will in Georgia?
In Georgia, a will-based plan pays probate attorney fees of typically 2.1%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 2026-09-08 against GA Code § 53-7-6 (2025))Verified Sep 8, 2026View source to 3.4%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 2026-09-08 against GA Code § 53-7-6 (2025))Verified Sep 8, 2026View source of the estate; a funded revocable trust keeps those assets out of probate and off that fee.
In Georgia, a will-based plan pays probate attorney fees of typically 2.1%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 2026-09-08 against GA Code § 53-7-6 (2025))Verified Sep 8, 2026View source to 3.4%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 2026-09-08 against GA Code § 53-7-6 (2025))Verified Sep 8, 2026View source of the estate; a funded revocable trust keeps those assets out of probate and off that fee. The trust also distributes assets faster than the 6 months to 9 months probate timeline a simple estate takes.
Probate in Georgia runs about $38,748O.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 2026-09-08 against GA Code § 53-7-6 (2025))Verified Sep 8, 2026View source on a $500,000 estate in combined attorney, executor, and court fees. 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. A small estate may qualify for a simplified route: In Georgia, estates with personal property of $15,000O.C.G.A. § 7-1-239Verified Sep 8, 2026View source or less skip probate with the Bank Deposit AffidavitO.C.G.A. § 7-1-239Verified Sep 8, 2026View source. The Bank Deposit Affidavit is presented directly to the bank, employer, or other holder of the property — it is not filed with a court.
Simple estates in Georgia typically take 6 months to 9 months through probate; average estates 9 months to 12 months, and contested estates longer. A funded 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: the will, the inventory, the beneficiaries and the distributions. A revocable trust is a private document that does not go through probate, so the terms, beneficiaries, and asset details remain confidential.
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New Home
How to put your house in a revocable trust: the deed you record, what it does to your mortgage and property taxes, and when a TOD deed is simpler.
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Marriage
What married couples need in place: one joint trust or two, wills, beneficiary updates, and the spousal rights your state grants you automatically.
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New Baby or Adoption
Your family is growing. Your protection should too. Guardian nominations, trusts for minors, beneficiary updates, and the documents new parents need in place.
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Serious Diagnosis
A serious diagnosis changes priorities. Healthcare proxies, financial powers of attorney, and the documents that ensure your wishes are honored.
Learn moreForms for Planning Your Estate in Georgia
Free forms for planning your estate in Georgia: a will, living trust, pour-over will, both powers of attorney, living will, and TOD deed.
Last Will and Testament
In Georgia, a will is signed before 2O.C.G.A. § 53-4-20Verified Oct 18, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyO.C.G.A. § 53-4-20Verified Oct 18, 2026View source.
Pour-Over Will
In Georgia, a pour-over will is signed before 2O.C.G.A. § 53-4-20Verified Oct 18, 2026View source witnesses and moves anything left outside the trust into it through probate.
Revocable Living Trust
Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.
Healthcare Power of Attorney
Georgia requires 2O.C.G.A. § 31-32-4Verified Oct 15, 2026View source witnesses for a healthcare power of attorney; notarization is not requiredO.C.G.A. § 31-32-4Verified Oct 15, 2026View source.
Financial Power of Attorney
Georgia treats a power of attorney as durable by defaultO.C.G.A. §§ 10-6B-1 through 10-6B-81Verified Sep 18, 2026View source, and it is signed before 1O.C.G.A. §§ 10-6B-1 through 10-6B-81Verified Sep 18, 2026View source witness and a notary.
Transfer on Death Deed
In Georgia, a transfer-on-death deed is signed before a notaryO.C.G.A. 44-17-1 to 44-17-7Verified Oct 18, 2026 and 1O.C.G.A. 44-17-1 to 44-17-7Verified Oct 18, 2026 witness, then recorded with the county before the owner's deathO.C.G.A. 44-17-1 to 44-17-7Verified Oct 18, 2026.
Living Will
In Georgia, the living will is the Georgia Advance Directive for Health CareO.C.G.A. Title 31, Chapter 32 (Georgia Advance Directive for Health Care Act), §§ 31-32-1 to 31-32-14Verified Sep 27, 2026View source, a written instruction that is valid with no agent named.
Tools for Planning Your Estate in Georgia
Free tools for planning your estate in Georgia: what a will or trust costs, whether you need a trust or TOD deed, and how documents are signed.
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Will My Estate Documents Transfer?
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How Much Does a Revocable Living Trust Cost?
An attorney-prepared revocable living trust in Georgia runs $2,980Estimate: 10 hours at $298, Clio's Georgia Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $4,470Estimate: 15 hours at $298, Clio's Georgia Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source for an individual, against $0 to $549 up front plus a subscription with an online service.
How Much Does a Will Cost?
An attorney-prepared will in Georgia runs $1,146Estimate: 3 hours at $382, Clio's Georgia Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $2,292Estimate: 6 hours at $382, Clio's Georgia Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $299 up front with an online service, and probate on a $500,000 estate adds about $38,748O.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 2026-09-08 against GA Code § 53-7-6 (2025))Verified Sep 8, 2026View source.
How Does SimplyTrust Compare to LegalZoom, Trust & Will, and Other Services?
Compare what it costs to make a trust official across SimplyTrust, LegalZoom, Trust & Will, Rocket Lawyer, and Quicken WillMaker.
How Do I Name a Guardian for My Minor Children?
In Georgia, a parent names a guardian for a minor child in a will or a separate signed writingO.C.G.A. §§ 29-2-4, 29-2-16 (guardian of the person); §§ 29-3-5, 29-3-7 (conservator of the estate)Verified Sep 15, 2026View source, and the nomination covers the child until the age of majority, 18O.C.G.A. § 39-1-1Verified Sep 15, 2026View source.
Do I Need a Revocable Trust?
Probate in Georgia takes 6 months to 9 months for a simple estate and charges attorney fees of typically 2.1%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 2026-09-08 against GA Code § 53-7-6 (2025))Verified Sep 8, 2026View source to 3.4%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 2026-09-08 against GA Code § 53-7-6 (2025))Verified Sep 8, 2026View source of the estate; assets held in a revocable trust skip both.
What Does Estate Planning Actually Cost?
An attorney-prepared revocable trust in Georgia runs $2,980Estimate: 10 hours at $298, Clio's Georgia Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $4,470Estimate: 15 hours at $298, Clio's Georgia Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source and a simple will $1,146Estimate: 3 hours at $382, Clio's Georgia Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $2,292Estimate: 6 hours at $382, Clio's Georgia Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $549 up front plus a subscription with an online service.
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Georgia Estate Planning Resources
In-depth guides covering Georgia probate laws, trust requirements, and estate planning strategies.