A revocable trust in Georgia, also known as a living trust, is one of the most effective ways to manage and transfer your assets while avoiding probate.
It lets you stay fully in control of your property during your lifetime and ensures everything passes directly to your loved ones after you’re gone—privately and efficiently.
Many Georgia families choose a revocable trust to:
- Avoid the stress and expense of probate court
- Keep their financial affairs private
- Protect their family if they become incapacitated
- Simplify transfers of real estate or investments
This guide explains how revocable trusts work in Georgia, what they can and can’t do, and how to decide whether one fits your goals.
What Is a Revocable Trust?
A revocable trust is a legal arrangement you create during your lifetime.
You—the grantor—transfer ownership of selected assets into the trust’s name and usually act as your own trustee while you’re alive. You keep full control: you can buy, sell, spend, or remove assets from the trust at any time.
When you pass away, your successor trustee steps in and distributes the trust assets to your chosen beneficiaries according to your instructions—without court involvement.
The trust automatically becomes irrevocable when you die, locking in your wishes and preventing later changes.
How a Revocable Trust Works in Georgia
- You create the trust document. It names you as grantor and trustee, outlines who receives your assets, and appoints a successor trustee to handle things later.
- You fund the trust. You retitle assets—like your home, bank accounts, or investments—into the trust’s name. These assets are now governed by the trust.
- You stay in charge. While you’re alive and competent, you can modify or revoke the trust anytime.
- Incapacity protection. If you become unable to manage your affairs, your successor trustee can immediately step in to manage the trust without court approval.
- After your death. Your successor trustee pays any remaining bills and then distributes the assets to your beneficiaries privately, bypassing probate.
For more on incapacity protection, see Incapacity Planning with a Georgia Revocable Living Trust.
Key Benefits of a Revocable Trust in Georgia
1. Avoids Probate
Georgia doesn’t use the Uniform Probate Code, so probate here can be time-consuming and public. Assets in your revocable trust pass directly to your beneficiaries without court supervision.
Learn more in How a Revocable Trust Avoids Probate in Georgia.
2. Keeps Your Affairs Private
Unlike a will—which becomes public record during probate—a trust remains private. Only your beneficiaries and trustee can view the terms.
3. Seamless Management if You’re Incapacitated
A successor trustee can immediately manage your finances, pay bills, or make decisions on your behalf—avoiding the need for a court-appointed conservator.
4. Simplifies Multi-State Property
If you own property in multiple states, each property typically triggers its own probate case. A single Georgia trust can eliminate that hassle.
5. Flexibility and Control
You can amend, add, or revoke the trust at any time while you’re alive and mentally capable.
Drawbacks and Limitations
No Asset Protection
Because you retain full control, assets in a revocable trust remain legally yours. Creditors or lawsuits can still reach them. If you need protection, consider an irrevocable trust or a Medicaid asset protection trust.
Requires Proper Funding
A trust only controls assets that are titled into it. Anything left outside will still go through probate unless you have a back-up plan.
Upfront Cost and Maintenance
Creating and funding a revocable trust takes more effort and attorney time than drafting a simple will. You’ll need to update deeds and account titles.
For details, see How Much Does a Revocable Living Trust Cost in Georgia?.
You Still Need a Will
A “pour-over will” catches any assets you forget to move into your trust and directs them to it later.
| Feature | Revocable Trust | Will | ||
|---|---|---|---|---|
| When it takes effect | During your life and after your death | Only after your death | ||
| Probate | Avoids probate for funded assets | Must go through probate | ||
| Privacy | Private document | Becomes public record | ||
| Incapacity | Successor trustee manages assets without court | No help during lifetime | ||
| Flexibility | Amend or revoke anytime | Can be changed by drafting a new will | ||
| Cost | Higher upfront, avoids later probate costs | Lower upfront, probate costs later |
Most Georgia families benefit from both: a revocable trust for privacy and probate avoidance, and a will to cover anything outside the trust.
Revocable vs. Irrevocable Trusts
A revocable trust is for control and convenience; an irrevocable trust is for protection and tax planning.
| Feature | Revocable Trust | Irrevocable Trust | ||
|---|---|---|---|---|
| Can it be changed? | Yes. You can amend or revoke it anytime. | No. Once created, it’s generally permanent. | ||
| Avoids Probate? | Yes. Assets pass directly to your beneficiaries. | Yes. Assets also bypass probate. | ||
| Protects from Creditors? | No. Assets are still exposed. | Yes. Strong protection from future creditors. | ||
| Reduces Estate Taxes? | No. Assets stay part of your taxable estate. | Yes. Assets are removed from your taxable estate. | ||
| Helps with Medicaid? | No. Assets are countable. | Yes. Helps protect savings for long-term care. | ||
| Grantor Control | Full control—you can act as your own trustee. | No control—you give up ownership and management rights. | ||
| Privacy | High. Avoids the public record of probate. | High. Administration stays private. | ||
If your main goal is protecting assets from lawsuits, long-term care costs, or estate taxes, read our guide on revocable vs. irrevocable trusts in Georgia.
What You Can—and Usually Should—Place in Your Trust
Commonly included assets
- Your home and other Georgia real estate
- Non-retirement investment and bank accounts
- Business interests or LLC ownership shares
- Valuable personal property (art, collectibles, jewelry)
Usually left outside the trust
- Retirement accounts (IRA, 401(k), etc.)
- Life insurance (name individual beneficiaries instead)
- Everyday checking accounts used for bills
For a practical example, see How to Put a House in a Trust Without a Lawyer in Georgia.
How to Set Up a Revocable Trust in Georgia
1. Choose Your People
Select:
- Initial trustee(s): Usually you, or you and your spouse.
- Successor trustee: The person who will step in later.
- Beneficiaries: Those who inherit when you pass.
2. Decide What to Include
List real estate, accounts, and valuables you want governed by the trust.
You can also add instructions for blended families or special-needs beneficiaries.
3. Draft and Sign the Trust
Your attorney prepares the document in plain English. You review, sign, and notarize it.
4. Fund the Trust
This step is crucial.
- Record new property deeds listing the trust as owner.
- Retitle financial accounts or set them payable to the trust.
- Update LLC or business records if ownership changes.
5. Update Your Supporting Documents
Pair your trust with a pour-over will and power of attorney to keep everything coordinated.
Explore:
- Revocable Living Trust services
- Last Will and Testament services
- Financial Power of Attorney services
Georgia-Specific Considerations
- No state estate tax: Only the federal estate tax may apply for very large estates.
- Longer probate process: Georgia’s probate system isn’t streamlined under the Uniform Probate Code, making trusts especially valuable here.
- Due-on-sale protection: Federal law generally prevents lenders from calling your mortgage due when transferring your home to your own revocable trust, but always notify your lender.
- Property deeds: Each Georgia county has specific recording rules; your attorney will ensure compliance.
- Local expertise matters: Working with a Georgia estate planning attorney familiar with your county’s procedures helps avoid delays.
Common Questions About Revocable Trusts in Georgia
Will a revocable trust protect my assets from creditors or nursing-home costs?
No. It offers privacy and probate avoidance, but not asset protection. Consider an irrevocable or Medicaid trust for that purpose.
Do I still need a will?
Yes. Your will acts as a safety net for anything not titled to the trust and lets you name guardians for minors.
Can I change my trust after it’s signed?
Absolutely. As long as you’re competent, you can amend or revoke it anytime.
What happens when I die?
Your successor trustee pays final bills and distributes assets per your instructions—without court involvement.
Does a revocable trust save taxes?
Not directly. It doesn’t reduce income or estate taxes, though it can simplify estate administration.
How much does it cost to set up a trust?
Costs vary by complexity. See our breakdown in How Much Does a Revocable Living Trust Cost in Georgia?
When a Revocable Trust Makes Sense
A revocable trust is a strong fit if you:
- Want to keep your family out of probate court
- Value privacy over your financial affairs
- Own real estate in multiple states
- Want continuity of management if you become ill or incapacitated
- Have adult children or complex family dynamics and want clear instructions
If this sounds like you, our attorneys can help you design a Georgia trust that fits your exact goals.
Learn more about Revocable Living Trusts in Georgia.
Want to Set Up a Revocable Trust in Georgia?
A revocable trust can give your family privacy, simplicity, and peace of mind — but only if it’s set up and funded correctly.
Our Georgia estate planning attorneys draft every trust with your real goals in mind: avoiding probate, protecting your loved ones, and keeping you in full control of your assets.
If you’re ready to understand exactly how a revocable trust would work for your situation, schedule a free 15-minute strategy call with our team today. We’ll explain your options in plain English and help you decide whether a trust makes sense for you.