What Are My Duties as Trustee in Georgia?

Step-by-step guide for administering a trust after the grantor passes away. Answer a few questions to get a personalized checklist for your situation.

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Answer a few questions to get a personalized checklist for settling an estate.

This checklist provides general guidance for estate settlement. Requirements vary by state and circumstance. Consult a licensed attorney for legal advice.

Frequently Asked Questions

Your immediate priorities are obtaining certified death certificates, locating the original trust document, securing trust assets, and notifying beneficiaries. In Georgia, you should also apply for an EIN for the trust since it becomes irrevocable after the grantor's death.

Georgia typically requires written notice to beneficiaries within 60 days of the grantor's death. The notice must include your identity as trustee, the trust name, and information about the beneficiary's right to request a copy of the trust terms that affect their interest.

Yes, assets properly titled in a living trust avoid probate in Georgia. This means no court filings, no public record, and typically faster distribution to beneficiaries. However, any assets not in the trust may still require probate.

Trust administration in Georgia typically takes 6-12 months for straightforward situations. Unlike probate, there's no mandatory creditor claim period, though prudent trustees often wait before making final distributions to ensure all debts are identified.

Yes, you'll need to file a final personal income tax return for the deceased (Form 1040) and, if the trust earns income during administration, a trust income tax return (Form 1041). Georgia may also require a state fiduciary income tax return.

Georgia Estate Planning Resources

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