When someone in Georgia passes away with only a will, the entire estate becomes public record. This is why a Georgia Private Revocable Trust: Complete Guide to Privacy is essential for estate planning.
A neighbor, scammer, or anyone curious can find out:
- What property you owned and what it was worth
- Who inherited each asset
- Whether you left behind any debts
A Georgia private trust, also known as a revocable living trust, prevents that exposure.
It keeps your finances and heirs private, avoids probate court, and allows your family to manage or distribute property without delay.
This guide explains—step by step—how a private trust works, why it keeps affairs private, and what to do next regarding the Georgia Private Revocable Trust: Complete Guide to Privacy.
Start Here: Watch This Simple Private Trust Explainer
What Is a Georgia Private Trust?
A private trust is a set of personal instructions you create while alive.
You transfer ownership of your home, savings, and investments into the trust’s name.
You remain in charge: you can buy or sell property, change beneficiaries, or even dissolve the trust.
If illness or age makes it hard for you to manage things, the person you name as successor trustee can take over and keep everything running.
Key roles:
- Grantor – You, who create and control the trust.
- Trustee – Manages the trust. You now; a successor later.
- Beneficiaries – The people or charities who inherit.
Why Wills Make Your Finances Public in Georgia
Under Georgia law (O.C.G.A. Title 53), a will must go through probate.
During probate:
- The executor files your will with the county probate court.
- A complete inventory of your property and its value is entered into the record.
- Notices to heirs and creditors are published in a local paper and often online.
This record is open to anyone.
A will is like taping your bank statement to the courthouse door.
How a Private Trust Protects Your Privacy
A private trust avoids probate and keeps family matters off the public record by following three key steps.
1. Create the Trust
Work with an estate-planning attorney to write and sign a trust agreement.
Georgia does not require you to file this document with any court, so it remains private.
2. Move Property Into the Trust
Retitle your home, bank accounts, and investments so the trust owns them.
For example: “Mary and James Walker Private Trust.”
If something isn’t retitled, it may still go through probate—so this step is essential.
3. Name a Backup Manager
Choose a trusted person to act if you become incapacitated or after your death.
Here’s where privacy and speed really help:
If illness or memory loss makes it impossible for you to sign checks or pay bills, your successor trustee can step in immediately with a doctor’s note.
Your family won’t have to ask a judge for legal guardianship first.
They can keep paying household expenses and managing property without interruption.
When you pass away, this same person distributes assets as you directed—still without court involvement.
In plain English: Your property stays inside the locked box and passes to loved ones quietly and immediately.
Costs and Savings
Creating a Georgia private trust typically costs $3,500 – $5,500.
That upfront cost often saves far more by avoiding:
- Probate fees of 3 – 8 % of the estate value
- Attorney’s fees for months (or years) of court filings
- Stressful delays for heirs who need access to funds
In plain English: Pay once now to save your family thousands later and keep every detail off the public record.
Georgia Details You Should Know
- Property deeds – You’ll record a new deed in the trust’s name, but it does not reveal your beneficiaries or the trust instructions.
- Mortgages – Federal Garn–St. Germain law ensures putting your home in a trust won’t trigger a loan payoff.
- Insurance and investments – Retitle life insurance and investment accounts to the trust so payouts remain private and direct.
In plain English: Only the minimum paperwork is visible—never the private plan inside your trust.
Common Questions About Georgia Private Trusts
These are the questions most people ask us about Georgia private trusts.
Does a private trust keep everything 100 % private?
Yes, unless someone files a lawsuit to contest it. That is uncommon.
Do I lose control of my property?
No. You keep full control and can buy, sell, or refinance as usual.
Will my taxes change?
No. You continue to report income on your normal personal tax return.
How often should I update the trust?
Check it yearly or after big changes—like buying a property or welcoming a grandchild.
How is a private trust different from a will?
A will must go through public probate. A revocable trust bypasses probate entirely, keeping your estate private and speeding distribution.
Simple Next Steps
- Meet with a Georgia estate-planning attorney to draft your private trust.
- List and retitle all key assets—home, accounts, investments—into the trust.
- Name a trusted backup manager who can act immediately if you’re incapacitated.
- Review yearly to keep everything current.
Write your private instructions, move property into the trust, and check once a year. Your family’s affairs stay private and easy to manage.