Georgia living trusts & estate documents

Living trust law in Georgia

A revocable living trust holds your home, accounts, and other property during your life, you stay in full control as trustee and can change or revoke it any time, then passes it to your beneficiaries without probate when you're gone. In Georgia, trusts are governed by the Georgia Trust Code, O.C.G.A. Title 53, Chapter 12.

Avoiding probate in Georgia

Probate in Georgia is governed by the Georgia Revised Probate Code, O.C.G.A. Title 53 and handled by the county Probate Court. Probate proceeds in the county probate court; executors commonly serve without court supervision when the will waives it.

Georgia has no general small-estate affidavit; banks may release up to $15,000 without administration (O.C.G.A. §7-1-239), and heirs may use the no-administration-necessary procedure when all agree. Assets held in a funded living trust pass to your beneficiaries without probate, whatever the size of the estate. Many Georgia homeowners set one up for that reason. Georgia also authorizes a transfer-on-death deed (O.C.G.A. § 44-17-1 et seq.) to pass real estate outside probate. A living trust does the same for every asset, not just real estate.

In Georgia, creditors generally have 3 months from the personal representative's last published notice to file claims against the estate (O.C.G.A. § 53-7-41), one reason court probate takes time that a funded trust avoids.

Estate and inheritance tax in Georgia

Georgia has no estate or inheritance tax. The separate federal estate tax reaches only estates above $15 million per person (2026, adjusted yearly), so most families never owe it.

Protecting a surviving spouse in Georgia

Georgia does not use an elective share; instead a surviving spouse (and minor children) can claim Year's Support, property sufficient for 12 months' support, set by the probate court, ahead of most creditors, under O.C.G.A. § 53-3-1.

Signing your Georgia documents

1. Sign the living trust. Executed and acknowledged before a notary.
2. Sign the will. Two witnesses; notarized self-proving affidavit included (standalone and pour-over wills).
3. Sign the power of attorney. Sign your Durable Power of Attorney in the presence of one witness and a Notary Public, who both sign it. The witness and the Notary Public must be two different people, and neither of them may be a person you named as your agent.
4. Sign the health care documents. Sign your Advance Health Care Directive in the presence of two adult witnesses, as the form’s execution block provides.
5. Follow your package instructions. Your package includes page-by-page signing instructions written for Georgia. Follow those as the authoritative guide.

Serving all of Georgia

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