How To Put a House In a Trust Without a Lawyer in Georgia?

If you’ve been wondering how to put A house in a trust in Georgia, you’re not alone. Most homeowners just want to protect their family, avoid probate, and save thousands in attorney fees—but they’re nervous about doing it wrong.

The good news? You can set up a revocable living trust on your own and legally transfer your home into it—without paying a lawyer—if you follow Georgia’s rules exactly.

In this guide, we’ll walk you through every step: 

• how to create your trust
• prepare and record your deed
• protect your homestead exemption
• make sure your family never has to fight through probate court

Let’s make this simple, one step at a time.

Understand What You’re Doing

When you put your house into a trust, you’re transferring ownership from yourself as an individual to yourself as trustee of your trust.

Understanding how to Put A House In A Trust can provide peace of mind and ensure that your assets are managed according to your wishes.

This allows your family to inherit the property without going through probate—the court process that makes inheritances slow and public.

You’ll complete two main steps:

1. Create a trust document that legally establishes your trust.
2. Sign and record a deed that transfers your house into the trust.

If either step is done wrong, your house will still go through probate.

To understand how a revocable trust avoids probate, read
How Does a Revocable Trust Avoid Probate in Georgia?

How To Put a House In a Trust Without a Lawyer in Georgia

These are the steps to putting your house in a trust in Georgia.

Create Your Living Trust Document

You can write your own trust as long as it includes the legally required parts under Georgia law.

Your trust must include:

• Trust name and date – Example: The John and Mary Smith Living Trust, dated October 6, 2025
• You, as the Settlor (creator of the trust)
• Trustee – usually yourself while you’re alive
• Successor trustee – who takes over when you die or become incapacitated
• Beneficiaries – who will inherit the property
• Your signature and date
• Trustee powers – include specific authority to manage, rent, insure, mortgage, and sell real estate

You can find free or low-cost templates online, but for a more complete overview, see our article:
Revocable Living Trusts in Georgia – Full Overview

If you decide later you’d like help creating a full, attorney-drafted version, learn more about our Revocable Living Trust Services in Georgia.

Choose Between a Revocable and Irrevocable Trust

In Georgia, you can set up either a revocable or an irrevocable trust. The difference is control.

Revocable Living Trust

• You stay in control and can change or revoke it anytime.
• It’s best for avoiding probate, keeping privacy, and planning for incapacity.
• It does not protect your home from creditors or Medicaid recovery.

Irrevocable Trust

• You give up control once the home is transferred.
• It’s used for asset protection or Medicaid planning.
• It can trigger issues with your mortgage if you still owe money.

Read more about the two types here:
Irrevocable Trusts in Georgia – What They Do and Don’t Protect

Prepare the Quitclaim Deed

To move your home into your trust, you’ll use a Quitclaim Deed.

This document transfers ownership from you as an individual to you as the trustee.

Your deed must include:

• Grantor: your full name and address
• Grantee: your name and trust name (for example, “John Smith, Trustee of the John Smith Living Trust dated October 6, 2025”)
• Legal property description: use the exact wording from your current deed
• Consideration: “For ten dollars ($10) and other valuable consideration”
• County and date of transfer

Blank Georgia deed templates are available through the Georgia Superior Court Clerks’ Cooperative Authority.

Sign the Deed Correctly

This is where most DIY transfers fail. Georgia requires:

• Two witnesses
• A notary public for proper notarization

All signatures must happen at the same time.

If you forget a witness or notarization, the deed is invalid—even if recorded.

Record the Deed with the County Clerk

After signing, record your deed at the Superior Court Clerk’s Office in the county where the property is located.

Bring or mail:

• The original signed and notarized deed
• The PT-61 Transfer Tax Form
• The filing fee (usually $25–$35)

Once recorded, the transfer becomes official.

If you die before recording it, your home will still go through probate.

If you live near Atlanta, you can work directly with our Atlanta estate planning attorneys for in-person guidance.

Update Your Mortgage Company

If your home has a mortgage, notify your lender in writing after the deed is recorded.

Federal law (the Garn–St. Germain Act) protects you from having your loan called due, as long as:

• It’s your primary residence, and
• You transfer it into a revocable trust where you remain a beneficiary.

Send your lender either:

• A copy of the trust, or
• A short Certification of Trust confirming you’re still the borrower and occupant.

Update Property Taxes and Homestead Exemption

If you have a Georgia Homestead Exemption, don’t skip this step.

After recording your deed, you must file a Homestead Exemption Affidavit for Property Held in Trust with your county’s Tax Assessor.

• File by April 1 of the current tax year.
• It keeps your property tax discount active.
• Without it, you’ll lose the exemption for that year.

For more Georgia-specific estate planning resources, visit our Georgia Estate Planning Attorneys Page.

Update Your Homeowners Insurance

Tell your insurance company that the trust now owns your home.

Ask them to either:

• Add the trust as an Additional Insured, or
• Change the policyholder to the trust’s name.

If you skip this step, a claim could be denied because the named policyholder no longer matches the legal owner.

Stay Organized with Your Documents

Keep copies of:

• Your signed trust document
• Recorded deed and PT-61 confirmation
• Homestead affidavit (if applicable)
• Insurance paperwork
• List of successor trustees

Let your successor trustee know where these documents are stored.

Summary Checklist

Step	Action	Where to Do It
1	Create a Revocable Living Trust	At home (or review this guide)
2	Add Trustee Powers & Beneficiaries	In your trust document
3	Prepare a Quitclaim Deed	Use GSCCCA or county forms
4	Sign Before Notary & 2 Witnesses	Bank, courthouse, or notary office
5	Record Deed + PT-61 Form	County Superior Court Clerk
6	Notify Mortgage Company	Send trust or certificate
7	File Homestead Affidavit	County Tax Assessor by April 1
8	Update Insurance Policy	With your agent immediately

Common Mistakes to Avoid

1. Missing a witness or notary signature. Your deed will be rejected.
2. Not recording the deed. Ownership doesn’t transfer until recorded.
3. Forgetting to file the homestead affidavit. You’ll lose your tax break.
4. Putting a mortgaged home in an irrevocable trust. It can trigger a due-on-sale clause.
5. Not updating your insurance. Claims may be denied.

For homeowners curious about costs and professional help, read:
How Much Does a Revocable Living Trust Cost in Georgia?

FAQs

Final Thoughts

You can absolutely put your house in a trust without a lawyer in Georgia—as long as you’re careful.

If you’d rather have an experienced Georgia estate attorney make sure everything’s done right the first time, fill out the form below. 

Our team can prepare your trust, deed, and filing instructions so you don’t have to worry about missed signatures or probate surprises later on.

Once your deed is recorded, your home is officially part of your trust—and your family can skip the headache of probate.