Will vs. Trust in Georgia: Who Really Needs a Trust Instead of a Will

Estate planning in Georgia often begins with one big question: living trust vs will — which is right for you? 

Both documents determine who inherits your assets, but the way Georgia’s probate laws handle estates means this choice can dramatically affect your family’s privacy, cost, and stress level.

While a simple will might seem easier, it automatically triggers probate — a court-supervised process that validates the will, pays debts, and distributes assets. That process can take 8 to 18 months and cost 3–8% of your estate’s value.

By contrast, a revocable living trust allows your estate to transfer privately, outside the court system, with no probate delays or public filings.

In this guide, we’ll break down the full comparison of a will vs. a trust in Georgia, explain who needs a trust instead of a will, and help you decide which option best protects your family and your estate.

The Critical Difference Between a Will and a Trust in Georgia

Watch the video below to see why the choice between these two documents can mean the difference between a smooth, private transfer—or months of costly probate.

Quick Comparison: Will vs. Trust in Georgia

Feature	Will (Georgia)	Revocable Living Trust (Georgia)
Effective When	Only after death, once validated by Probate Court	Immediately upon creation and funding
Probate	Required — assets must go through public court	Avoids probate entirely
Privacy	Public record after filing	100% private and confidential
Incapacity Planning	Requires court-appointed conservator	Successor trustee manages assets instantly
Out-of-State Property	Requires Ancillary Probate in each state	Avoids multiple probates
Initial Cost	Lower upfront	Higher upfront, lower lifetime cost
Guardian for Minors	Yes	No (requires companion will)

What Is a Will in Georgia?

A Last Will and Testament is a legal document that takes effect after you die. It names an executor to handle your affairs — paying debts, notifying creditors, and distributing assets.

In Georgia, the executor must file the will with the county probate court, which then oversees the process. Even if uncontested, probate typically lasts 8 to 12 months.

Wills are best for:

• Small, simple estates
• People who only own property in Georgia
• Parents needing to name a guardian for minor children

A will cannot avoid probate, keep your finances private, or protect your assets if you become incapacitated.

What Is a Revocable Living Trust in Georgia?

A revocable living trust (RLT) is a private legal document that holds your assets while you’re alive and transfers them directly to your beneficiaries after your death — without probate.

You (the grantor) usually serve as the trustee, retaining full control. If you become incapacitated or pass away, your successor trustee immediately steps in to manage or distribute the assets per your instructions.

Because the trust becomes effective immediately, it also serves as an incapacity plan, avoiding court-appointed conservatorships.

Living trusts are ideal for:

• Avoiding Georgia’s probate process
• Keeping financial affairs private
• Ensuring immediate management during incapacity
• Simplifying administration for family members

See our Revocable Living Trust Services for more details.

The Hidden Cost of a Georgia Will: Understanding Probate

Many Georgia residents choose a will because it seems simpler and cheaper — but the hidden costs of probate tell a different story.

Average probate costs in Georgia:

• Attorney fees: $3,000–$8,000 (or $350–$450/hr)
• Executor fees: ~2.5% of estate value
• Court costs, appraisals, bonds, and filing fees: $1,000+

These fees quickly add up, consuming 3–8% of your estate before your heirs ever see their inheritance.

By contrast, a professionally drafted revocable living trust typically costs $1,500–$3,500 — often less than what your heirs would pay in probate fees alone.

If you want a deeper cost breakdown, read:

How Much Does a Revocable Living Trust Cost in Georgia?

Who Needs a Trust Instead of a Will in Georgia?

Not everyone needs a trust — but for many Georgia residents, it’s the smarter, more efficient choice.

Here are the key situations where you would likely need a trust instead of a will:

1. You Own Property in Multiple States

If you own real estate outside Georgia — even a vacation home or investment property — your estate could face ancillary probate in every state where property is located.

A trust avoids this completely by holding all properties under one legal structure.

2. You Want to Keep Your Finances Private

Probate is a public record in Georgia. Anyone can look up your estate’s value, debts, and beneficiaries.

Trusts remain entirely private, shielding your personal and financial details from public view.

3. You Have a Blended Family or Second Marriage

A simple will can unintentionally disinherit children from a prior relationship.

Trusts, like QTIP trusts, ensure your current spouse is cared for while preserving assets for your children from a previous marriage.

4. You Have a Special-Needs or Vulnerable Beneficiary

Leaving assets directly to someone receiving SSI or Medicaid can disqualify them from benefits.

A special needs trust holds funds privately so the beneficiary keeps government aid while enjoying supplemental care and comfort.

Learn more: Medicaid Asset Protection Trust in Georgia

5. You Want to Plan for Incapacity

If you become unable to manage your affairs, your trust’s successor trustee can immediately step in without court involvement — avoiding the public, expensive guardianship process.

See also: Incapacity Planning with a Georgia Revocable Living Trust

6. You Have a High-Value or Complex Estate

If your estate exceeds $200,000 or includes rental properties, business interests, or investment portfolios, the cost of probate often exceeds the one-time cost of a trust.

When a Will Is Still Enough in Georgia

A simple will may be sufficient if:

• Your total assets are modest and primarily in Georgia
• You don’t mind probate delays or public records
• Your main concern is naming a guardian for minor children
• You’re comfortable with court oversight for asset transfers

Even if you use a trust, you’ll still need a pour-over will to catch any assets left outside the trust.

Common Misconceptions About Trusts

A lot of people get these things confused between a trust and a will. 

“Trusts are only for the wealthy.”

False. Probate costs scale with estate value. Even middle-class families can save money and time through a trust.

“If I have a trust, I don’t need a will.”

False. You’ll still need a pour-over will to name guardians and handle unfunded assets.

“Trusts protect my assets from creditors.”

Not true for revocable trusts — only irrevocable trusts offer asset protection.

“Trusts are hard to maintain.”

Once your trust is funded and titled correctly, there’s little to maintain besides occasional updates.

How to Set Up a Trust in Georgia (Step-by-Step)

1. Choose your trustee and successor trustee.
   Typically, you serve as your own trustee during your lifetime.
2. Work with a Georgia estate planning attorney.
   Trusts must comply with state laws to be valid and enforceable.
3. Transfer your assets into the trust.
   Deeds, accounts, and titles must be re-registered in the trust’s name.
4. Keep a pour-over will as a backup.
   This ensures any forgotten assets are still transferred to the trust.
5. Review regularly.
   Major life changes — marriage, divorce, children — require updates.

For a detailed tutorial, read:
How to Set Up a Trust in Georgia

The Ideal Estate Plan: Trust + Pour-Over Will

The best Georgia estate plans use both documents together.

• The trust avoids probate, manages incapacity, and maintains privacy.
• The pour-over will names guardians and catches stray assets.

Together, they form a complete, legally sound, and private estate plan — customized for Georgia law.

FAQs: Wills and Trusts in Georgia

Do You Need A Trust Or A Will?

If your estate is simple, a well-drafted will may be enough.

But if you own real estate, want privacy, or have family complexities, a revocable living trust can save your heirs time, money, and emotional strain.

For most Georgia families, a trust isn’t just about avoiding probate — it’s about maintaining control and peace of mind.

Ready to Protect Your Family’s Future?

Want to keep your assets private and your family out of court?

Our Georgia estate planning attorneys can help you build a custom trust plan that fits your goals — often completed within two weeks.

Schedule your free 15-minute strategy call today.