How to Set Up a Trust in Georgia (DIY Revocable Living Trust)

Learning how to set up a trust in Georgia is one of the best ways to keep your estate out of probate and make things simple for your family. A properly created trust keeps your affairs private, avoids court delays, and ensures everything you’ve worked for goes exactly where you intend.

You can set up a trust in Georgia yourself—no court, no public record, and no waiting. Just follow these steps to draft your Revocable Living Trust, sign it, and (most importantly) transfer your assets into it so it actually works.

CRITICAL WARNING

• This DIY guide is only for a Revocable Living Trust to avoid probate.
• It is not for Medicaid planning, tax reduction, or creditor protection.
• If you need asset protection or Medicaid eligibility, consult an estate planning attorney for an Irrevocable Trust.

Quick Start Checklist

1. Name your players: Grantor (you), Trustee (often you), Successor Trustee, and Beneficiaries.
2. Draft the trust: Write a clear document naming everyone and stating what happens to your assets.
3. Sign and notarize: Sign all pages, and notarize for safety.
4. Create a Certification of Trust: Use this one-page summary for banks and brokers.
5. Fund the trust: Transfer ownership of your property, accounts, and other assets into it.
6. Keep separate records: Manage trust property separately from your personal finances.
7. Know your taxes: Use your SSN while alive; after death or if irrevocable, use a new EIN.

Watch: Step-by-Step Guide on How to Set Up a Trust in Georgia

Before you create your trust, make sure you know the right steps. This video shows you exactly how to set up a trust in Georgia—how to choose the right type, fill it out correctly, and fund it so it’s valid. You’ll see which documents you need, how to avoid probate, and what mistakes can cause your trust to fail. Watch now to learn how to build a Georgia trust that’s simple, legal, and effective.

How to Set Up a Trust in Georgia — Step-by-Step

Setting up a trust in Georgia is easier than most people think.

Once you understand the basic process, you can create a legally valid Revocable Living Trust, sign it properly, and transfer your assets so everything is protected and stays out of probate.

Below are the exact steps you’ll follow to set up your trust in Georgia — from drafting the document to funding it with your real estate, bank accounts, and other property.

Each step is written in plain English so you can complete the process confidently on your own.

1. Creating Your Trust

You must create a written Trust Agreement that includes:

• Your name and your intent to create a trust.
• The Trustee’s name and Successor Trustee(s).
• The Beneficiaries and how/when they inherit.
• The Trustee’s powers and duties.
• A statement that it’s governed by Georgia law.
• Your signature and the date.

Keep it simple. Write in plain language. Example:

“I, John A. Smith, hereby create the John A. Smith Revocable Living Trust dated October 18, 2025. I appoint myself as Trustee and name Jane B. Smith as Successor Trustee. Upon my death, all assets shall pass to my children in equal shares.”

Legal Requirement Summary:

For your trust to be legally valid in Georgia, it must satisfy five essential elements that must be ascertainable with reasonable certainty:

1. Intent – your clear written purpose to create a trust.
2. Trust Property – assets exist and are named.
3. A Beneficiary – someone who benefits from the trust.
4. A Trustee – who manages the property.
5. Active Duties – duties imposed on the Trustee to carry out.

If even one of these elements is missing, the trust isn’t legally valid—meaning your assets could still go through probate.

Georgia judges look for these five points to confirm a trust was intentionally created and properly funded.

2. Sign and Store Safely

• Print and sign every page.
• Notarize (recommended, especially for funding documents).
• Store the original in a fireproof folder and make digital backups.

3. Create a Certification of Trust (Georgia Code § 53-12-280)

Prepare a one-page Certification showing:

• The trust name and date.
• The Grantor’s and Trustee’s names and addresses.
• Whether the trust is revocable.
• A statement that the trust hasn’t been revoked.

Have the Trustee sign and notarize it. Use this with banks, brokers, and title companies instead of the full document.

4. Fund Your Trust (Make It Real)

A trust only works when assets are legally transferred into it. Follow these steps carefully.

Funding is the step that makes your trust real—if you skip it, your property stays in your name and will still require probate.

Once funded, everything passes privately under the trust.

A. Real Estate

1. Prepare a new Quitclaim or Warranty Deed from you to: “John A. Smith, Trustee of the John A. Smith Revocable Living Trust dated October 18, 2026.”
2. Sign before a notary and one witness.
3. File with your County Superior Court Clerk.
4. Complete and file the PT-61 Real Estate Transfer Tax Form.

Read how to put your house in a trust.

B. Bank and Brokerage Accounts

1. Ask each institution for a trust re-titling form.
2. Provide your Certification of Trust.
3. Retitle accounts exactly as: “John A. Smith, Trustee of the John A. Smith Revocable Living Trust dated October 18, 2025.”

C. Life Insurance and Retirement Accounts

1. Keep ownership the same.
2. Change beneficiary to:  “The John A. Smith Revocable Living Trust dated October 18, 2025.”

D. Vehicles (Optional)

1. Use Form MV-1 (Motor Vehicle Title/Tag Application).
2. Title as: “John A. Smith, Trustee of the John A. Smith Revocable Living Trust dated October 18, 2025.”

(Usually not needed unless collectible or high-value.)

5. Titling Reference Table

Asset Type	Required Legal Title Format	Georgia Requirement
Real Estate	John A. Smith, Trustee of the John A. Smith Revocable Living Trust dated Oct. 18, 2025	Must be notarized and witnessed; file PT-61 form
Bank/Brokerage	John A. Smith, Trustee of the John A. Smith Revocable Living Trust dated Oct. 18, 2025	Certification of Trust required
Life Insurance/Retirement	The John A. Smith Revocable Living Trust dated Oct. 18, 2025	Name the trust as beneficiary, not owner
Vehicles	John A. Smith, Trustee of the John A. Smith Revocable Living Trust dated Oct. 18, 2025	Use Form MV-1 at tag office

6. Maintain the Trust

After you set up a trust, you still have to maintain the trust and the assets. 

• Keep trust money in separate accounts.
• Use trust checks for trust expenses.
• Keep simple records: deposits, withdrawals, and distributions.
• Provide beneficiaries with updates if requested.

Mixing personal and trust money can be a breach of fiduciary duty.

7. Taxes and Reporting

Many people worry a trust creates extra tax filings—in most Georgia revocable trusts, it doesn’t.

While you’re alive, the IRS treats you and your trust as the same person.

While you’re alive (Revocable Trust):

• Use your Social Security Number.
• File taxes as usual with Georgia Form 500.

After death or for Irrevocable Trusts:

• Get a new EIN.
• File Georgia Form 501 (Fiduciary Income Tax Return).
• File estimated taxes (Form 500-ES or 500-UET) if required.

All forms are available through the Georgia Department of Revenue.

8. Costs You’ll Encounter

• Deed recording fees: Typically $25–$35 per deed, plus $2 per page.
• Notary fees: Around $5–$10 per signature.
• PT-61 filing: Free, but mandatory.
• Vehicle title changes: Standard state title fee applies.

Call your county clerk to confirm current fees before filing.

9. Minors and Guardianship

A trust handles money for minors, but guardianship must be named in your Will.

Create or update your Will to:

• Name guardians for minor children.
• Include a Pour-Over Clause that moves any remaining assets into your trust.

A trust can handle the money, but only a Will can appoint who raises your children.

Using both together ensures both people and property are protected.

10. Common Mistakes to Avoid When Setting Up A Trust

These are the mistakes most people make when they set up a revocable trust in Georgia. 

• Not funding the trust after signing it.
• Titling property incorrectly.
• Forgetting to update deeds or accounts.
• Mixing personal and trust funds.
• Trying to use this for Medicaid or asset protection planning.

11. When to Hire a Lawyer To Create A Trust

Hire an attorney to set up a trust if:

• You want asset protection or Medicaid planning.
• You own multiple properties across states.
• You’re transferring business interests or LLCs.
• You’re creating irrevocable or tax-minimizing trusts.

FAQs About Setting Up A Trust In Georgia

Here are the questions people ask us about creating a trust.

Need Help Setting Up Your Georgia Trust?

Even though you know how to set up a trust, you may still want help to make sure it’s not messed up.

Our Georgia estate planning attorneys can draft and fund your Revocable Living Trust for you—so every asset is titled correctly and your family stays out of probate.

Schedule a Free 15-Minute Strategy Call to get started today.