Living Trust Attorney in Georgia — Probate Court, No TOD Deeds and Why a Trust Helps

Georgia probate is manageable, but it is still public, time-consuming and sometimes contested. This guide from a living trust attorney in Georgia perspective explains when a living trust helps and why it is especially useful for Georgia real estate.

Unlike many states, Georgia does not generally allow transfer-on-death deeds. Consequently, a living trust is one of the main ways to pass Georgia real estate without probate.

A properly drafted and funded trust can also simplify incapacity planning and protect beneficiaries. Therefore, many Georgia families choose one.

How Georgia probate works

Georgia probate is handled by the Probate Court in the county where the person lived. There are two main ways to probate a will. In common form, the will is probated without formal notice to heirs, but the result can be challenged for several years. In solemn form, heirs receive notice, and the result is generally conclusive.

If there is no will, the court appoints an administrator. Furthermore, heirs may agree to simplify the process in some cases. Nevertheless, probate still requires filings, notices and time.

Our Probate Documents service helps executors when probate is needed.

Why a trust matters for Georgia real estate

Many states allow transfer-on-death deeds that pass real estate without probate. Georgia generally does not. As a result, a home owned in your name alone usually needs probate to pass to heirs.

A living trust solves this. Once your home is deeded to the trust, your successor trustee can transfer or sell it without probate. Consequently, a trust is often the most practical probate-avoidance tool for Georgia homeowners.

Joint ownership with survivorship is another option. However, it can create gift, creditor and control problems. Therefore, compare the options carefully.

Year's support and family protections

Georgia offers a unique protection called year's support. A surviving spouse and minor children can petition for property to support them for a year after death. Year's support has priority over most debts.

This right can affect your estate plan. For instance, it may override parts of a will. Consequently, your plan should consider whether year's support might be claimed. A living trust consultation explains how it interacts with a trust.

Funding your trust in Georgia

A trust only avoids probate for assets it actually owns. Therefore, funding is the step that makes everything work. Unfortunately, it is also the step people most often skip.

Real estate

Georgia homes are transferred to the trust by deed, recorded with the clerk of Superior Court in the county where the property sits. Because Georgia generally does not allow transfer-on-death deeds, this step is especially important. Make sure your homestead exemption continues after the transfer.

Bank and investment accounts

Next, retitle bank and brokerage accounts into the trust's name, or add the trust as the payable-on-death beneficiary where the bank allows. Each institution has its own forms. Consequently, keep a checklist and confirm each change in writing.

Retirement accounts and life insurance

Retirement accounts usually stay in your own name. Instead, you name beneficiaries directly, sometimes with the trust as a contingent beneficiary. Similarly, life insurance can name the trust or individuals. Because tax rules for retirement accounts are complex, review these designations carefully.

Vehicles and personal property

Finally, an assignment of personal property moves household items into the trust. Meanwhile, vehicles can often pass by simplified procedures, so retitling may not be necessary. Our Living Trust package includes step-by-step funding instructions for Georgia.

Georgia powers of attorney and advance directives

A complete Georgia plan includes a financial power of attorney and a Georgia Advance Directive for Health Care. Georgia adopted the Uniform Power of Attorney Act, which provides a statutory form. In addition, the Advance Directive combines a health care agent and treatment preferences.

These documents have specific signing requirements, including witnesses. Our Estate Plan Bundle prepares them to Georgia standards. Moreover, our durable power of attorney and healthcare directive services are available individually.

Flat fee living trust pricing in Georgia

Our Living Trust service starts at $199 for Georgia. The standard package tailors the trust to Georgia law and your family. Meanwhile, the premium package adds attorney review.

Georgia has no state estate tax. However, federal estate tax may apply to very large estates. If you already have a trust, a trust review checks whether it still works. For more, read our national guide to flat fee living trusts.

A typical Georgia trust administration

When the trust creator dies, the successor trustee takes over. First, the trustee secures assets and obtains death certificates. Next, the trustee notifies beneficiaries and gathers account information.

After that, the trustee pays debts and expenses. Finally, the trustee distributes or sells assets under the trust's terms. Consequently, the family avoids probate court filings, notices and delays. Moreover, the details remain private.

Common trust mistakes in Georgia

The most common Georgia mistake is signing a trust but never deeding the home into it. Because Georgia generally lacks transfer-on-death deeds, the home will usually need probate. Consequently, funding is especially important in Georgia.

Another frequent issue is adding a child as a joint owner instead of using a trust. Joint ownership can expose the home to the child's creditors or divorce. Moreover, it can create gift tax reporting issues. Therefore, a trust is usually the safer choice.

Out-of-state property

Many Georgians own property in Florida, the Carolinas or Tennessee. Without a trust, that property may need a separate probate there. As a result, deed it to your trust as well.

Keeping the plan current

Finally, review your trust after major life events. For instance, marriage, divorce, a new child or a move can all change your needs. Similarly, update beneficiary designations on retirement accounts and life insurance so they match your plan.

Blended families and minor children in Georgia

Blended families need careful planning. For example, a parent may want to provide for a new spouse while protecting an inheritance for children from an earlier marriage. In addition, Georgia's year's support right can give a surviving spouse a priority claim, which can affect plans for children from an earlier marriage. Therefore, a trust can hold assets for the surviving spouse during their lifetime and then pass the remainder to the children.

Similarly, a trust can manage money for minor children until they are older, instead of handing everything over at 18. Consequently, your family is protected in the way you intend.

Our Living Trusts services in Georgia

Every service below has a fixed price, is prepared by a qualified attorney and is delivered online — wherever you are in Georgia. Additionally, you can upload evidence, message your attorney and track progress from your secure client dashboard.

Living Trusts across Georgia — cities we serve

We work with clients in every part of Georgia, entirely online. Therefore, it does not matter whether you live downtown or hours from the nearest courthouse. Your documents follow Georgia law and your county's local practice. Choose your city below to see local details and prices.

• Atlanta: Revocable Living Trust in Atlanta · Complete Estate Plan Bundle in Atlanta · Living trust consultation in Atlanta
• Augusta: Revocable Living Trust in Augusta · Complete Estate Plan Bundle in Augusta · Living trust consultation in Augusta
• Columbus: Revocable Living Trust in Columbus · Complete Estate Plan Bundle in Columbus · Living trust consultation in Columbus
• Macon: Revocable Living Trust in Macon · Complete Estate Plan Bundle in Macon · Living trust consultation in Macon
• Savannah: Revocable Living Trust in Savannah · Complete Estate Plan Bundle in Savannah · Living trust consultation in Savannah
• Athens: Revocable Living Trust in Athens · Complete Estate Plan Bundle in Athens · Living trust consultation in Athens
• Sandy Springs: Revocable Living Trust in Sandy Springs · Complete Estate Plan Bundle in Sandy Springs · Living trust consultation in Sandy Springs
• Roswell: Revocable Living Trust in Roswell · Complete Estate Plan Bundle in Roswell · Living trust consultation in Roswell
• Marietta: Revocable Living Trust in Marietta · Complete Estate Plan Bundle in Marietta · Living trust consultation in Marietta
• Alpharetta: Revocable Living Trust in Alpharetta · Complete Estate Plan Bundle in Alpharetta · Living trust consultation in Alpharetta

More Georgia services

Complete Estate Plan Bundle in Georgia · Living trust consultation in Georgia · Durable Power of Attorney in Georgia · Advance Healthcare Directive / Living Will in Georgia · Probate Documents Package in Georgia · Trust review in Georgia. See all legal services in Georgia.

Nearby states

Moving between states, or is the other party elsewhere? We also cover Revocable Living Trust in Florida, Revocable Living Trust in Alabama, Revocable Living Trust in Tennessee, Revocable Living Trust in South Carolina, Revocable Living Trust in North Carolina. See every location we cover.

Frequently asked questions

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Related guides

This guide is general information, not legal advice for your situation. Every case is different — speak to a qualified attorney before you act.