Estate Planning - Estate Planning Attorneys Atlanta

Why Atlanta Families Need a Trust, Not Just a Will

Georgia has no state estate tax. That makes it tempting to delay planning. But Fulton County Probate Court handles thousands of estates each year — and each one costs the family 12 to 18 months and $15,000 or more before a single dollar transfers. A will does not avoid that process. It directs it. The families who avoid probate entirely are the ones who funded a revocable trust before they needed one.

Estate Planning in Atlanta Starts With One Question

What happens to everything you own if you cannot manage it yourself?

For most Atlanta families, the honest answer is: a judge decides. Georgia’s intestacy laws and probate process were written for people with simple estates — a house, a savings account, a car. They were not written for families with investment portfolios, rental properties, business ownership interests, and retirement accounts spread across multiple institutions.

A revocable living trust is the legal structure that closes that gap. It holds your assets during your lifetime, names who manages them if you cannot, and transfers everything to your beneficiaries without court involvement when you die. Your successor trustee steps in on day one with full legal authority — no filing, no waiting, no public record.

What Georgia Probate Actually Costs

Fulton County Probate Court charges filing fees based on estate value. Attorney fees in Georgia probate are set by statute at a percentage of the estate — typically 3 to 5 percent for the first $200,000, with additional percentages above that. On a $500,000 estate, total professional fees alone reach $15,000 to $25,000 before family receives a dollar.

The timeline compounds the cost. Most Georgia probates take 12 to 18 months. Complex estates — those with rental properties, business interests, out-of-state assets, or disputes — routinely run 30 months or longer. During that entire period, your family cannot sell your home, access your investment accounts, or distribute your assets without a court order for each transaction.

A will does not avoid this. It directs it. The will must be filed with the court, validated by a judge, and executed under court supervision. The families who skip probate entirely are the ones who funded a trust before they needed one. See our complete guide to wills versus trusts in Georgia for a full breakdown of who needs which.

The Documents That Make a Complete Estate Plan

A revocable living trust is the centerpiece — but it does not work alone. A complete Atlanta estate plan includes six documents working together:

The revocable living trust holds your assets and names your successor trustee. The pour-over will catches anything not yet titled to the trust and directs it there at death. The durable financial power of attorney gives your agent authority over finances if you become incapacitated — without requiring a guardianship proceeding. The advance healthcare directive documents your medical wishes and names a healthcare agent. The HIPAA authorization gives your agents legal access to your medical records. The trust funding package transfers your home, investment accounts, and other assets into the trust so the structure actually works.

The most common failure in estate planning is not the documents — it is the funding. An unfunded trust sits on paper while your assets remain in your name. When you die, those assets go through probate anyway. Funding is not optional.

Who We Serve in Atlanta

Atlanta Estate Planning works with families across Fulton, Cobb, Gwinnett, DeKalb, Cherokee, and Fayette counties. Our clients are typically homeowners with investment accounts, business owners with succession concerns, real estate investors with rental portfolios, and families with aging parents who need Medicaid planning. The common thread: they have real assets, real complexity, and no interest in leaving the outcome to a probate court.

$15,000 Average Georgia probate cost

9-18 Mo. Typical probate timeline

$4,000 Complete Family Trust Package

Trust Planning

A funded revocable living trust holds your assets, names your successor trustee, and transfers your estate to your beneficiaries without probate court involvement. We also prepare irrevocable trusts for tax planning and asset protection goals.

Revocable Trusts A revocable living trust transfers your assets to your family when you die, with no court filing, no judge, and no delay. In Georgia, probate takes 9 to 18 months. A funded trust replaces that process entirely. See How It Works Irrevocable Trusts An irrevocable trust removes assets from your taxable estate and protects them from Medicaid spend-down, creditors, and estate taxes. Unlike a revocable trust, you cannot take assets back — but that permanence is what makes the protection work. See How It Works

Ways to Keep Your House Out of Probate

Georgia offers three deed-based tools to pass real property outside probate: a revocable trust, a Transfer on Death Deed, and joint tenancy with right of survivorship. Each fits a different situation.

Revocable Trusts A revocable living trust transfers your assets to your family when you die, with no court filing, no judge, and no delay. In Georgia, probate takes 9 to 18 months. A funded trust replaces that process entirely. See How It Works Joint Tenants with Right of Survivorship Joint tenancy with right of survivorship lets co-owners pass property to each other automatically at death, without probate or court involvement. You remain a full co-owner while you are alive. When one owner dies, the survivor takes the property outright. See How It Works Transfer on Death Deed A Transfer on Death Deed lets you pass your Georgia home to a named beneficiary when you die, without probate court. You keep full ownership while you are alive and can revoke it at any time. See How It Works

Wills and Final Documents

A last will and testament directs your estate through probate. A pour-over will acts as a safety net — catching any asset not yet in your trust and directing it there at death. Both documents serve a role in a complete estate plan.

Last Will and Testament A last will and testament names who receives your assets, who raises your minor children, and who manages your estate after you die. Without one, Georgia law decides all of it. See How It Works Pour-Over Will A pour-over will is the safety net for your trust. It captures any asset left in your name when you die and directs it into your revocable living trust — so nothing is left behind. See How It Works

Authority and Incapacity Documents

A durable financial power of attorney and advance healthcare directive give trusted people legal authority to act on your behalf if you become incapacitated. These documents are essential components of a complete estate plan.

Power of Attorney A durable power of attorney gives a person you trust legal authority to manage your finances if you cannot. Without one, your family must go to court to get that authority — a process that takes months and costs thousands of dollars. See How It Works Advance Healthcare Directive An advance healthcare directive in Georgia names the person who speaks for you when you cannot speak for yourself — and tells your doctors exactly what treatment you want. Without one, those decisions go to whoever Georgia law designates next. See How It Works

Planning For Your Specific Situation

If you own rental properties or a business, your situation has layers a standard estate plan does not address.

Investor Planning You Own Rental Properties Rental properties, LLCs, and a standard estate plan usually do not work together. If yours are not connected, your family faces probate on every property you own. See How It Works Business Owner Planning You Own a Business A business adds layers most estate plans do not address. Without the right structure, your family may not be able to access or run your business when you are gone. See How It Works

The Difference a Trust Makes

Without a Plan

Your family goes through probate — 9 to 18 months and up to $15,000 in fees
A judge decides who gets your assets, not you
Your children may not have a named guardian
Your accounts are frozen until probate closes

With Atlanta Estate Planning

Assets transfer directly to your family — no court, no waiting
You choose exactly who gets what and when
A guardian is named for your children
Your successor trustee can act immediately

How It Works

1

Schedule Your Free Call

Book your 60-minute free strategy call with Melissa. Credited toward your estate plan.

2

Meet With Melissa

Melissa reviews your assets, your family situation, and your exposure. Virtual or in-person.

3

Get Your Plan

Receive a written plan with clear recommendations for protecting your family and your assets.

4

Move Forward

No pressure, no commitment required. Move forward when you are ready.

Melissa Breyer

Georgia Estate Planning Attorney

Melissa Breyer is a Georgia-licensed estate planning attorney focused exclusively on trust-based planning for individuals and families. She personally meets with every client and designs every plan from scratch. No templates. No associates handling your case. Every plan is built for your specific family, your specific assets, and your specific wishes.

The whole process of creating a family trust felt simple, clear, and stress-free. We really appreciated how patient, helpful, and easy to communicate with the team was throughout everything. Shawn and Melissa gave us great guidance and helped us feel confident every step of the way. We're grateful for their support and would definitely recommend them.

Allen Wakefield Google Review

After my father passed away, my mother had to rely on my father's employer to navigate the estate. It was a disaster. After this experience, I knew I needed a plan. I turned to Atlanta Estate Planning Attorneys to set up a trust. I no longer have to worry about my wife and children going through a difficult process if something happens to me. I highly recommend Atlanta Estate Planning Attorneys!

Nicholas Google Review

My biggest fear was that if I died first, my wife would have no idea how to navigate the estate and legal system. I reached out to Atlanta Estate Planning Attorneys and they put my mind at ease immediately. Their process is easy to follow and they took care of everything. Atlanta Estate Planning Attorneys is the best decision I've made for my family's future.

Tristen Pursley Google Review

Working with Melissa Breyer to set up our Living Trust was one of the best decisions Scott and I have made. We did this so our boys are protected from confusion and chaos if something happens to us. Melissa was knowledgeable, patient, and made what felt overwhelming completely manageable. I would absolutely recommend Melissa Breyer.

Sharon Palmer Google Review

Working with Shawn and Melissa at Atlanta Estate Planning Attorneys has been an excellent experience. They asked great questions during our initial call and clearly explained what we needed. We feel confident we're in good hands and would highly recommend them.

Kyle Haynie Google Review

Frequently Asked Questions

What is the difference between a will and a trust in Georgia?

A will directs how your assets should be distributed at death. It must be filed with the Georgia probate court, validated by a judge, and administered under court supervision — a process that takes 12 to 18 months at minimum. A revocable living trust holds your assets during your lifetime and transfers them at death without any court involvement. A trust also covers incapacity: if you cannot manage your affairs, your successor trustee steps in immediately, without a court filing.

How long does probate take in Georgia?

The minimum timeline for a straightforward Georgia probate is 12 months. Most estates take 12 to 18 months. Estates with real property in multiple counties, business interests, contested distributions, or creditor claims routinely run 24 to 36 months. A revocable living trust bypasses the process entirely — your successor trustee can distribute assets within days of your death, not months.

Does Georgia require a will to be notarized?

Georgia law requires a will to be signed by the testator and witnessed by two people. Notarization is not required for validity. However, a self-proving affidavit — signed before a notary at the time the will is executed — allows the will to be admitted to probate without the witnesses appearing in court. Without it, your executor may need to locate your witnesses after your death to authenticate the document, which adds delay and expense to the probate process.

Can I avoid probate without a trust in Georgia?

Some assets avoid probate by operation of law: retirement accounts, life insurance, and bank accounts with named beneficiaries transfer directly to the beneficiary without court involvement. Real property held with right of survivorship passes to the surviving owner automatically. But these mechanisms only cover those specific assets. A home titled in your name alone, investment accounts without beneficiary designations, and personal property all go through probate unless held in a trust. A revocable living trust is the only tool that covers your entire estate in one structure.

What happens if I die without a will in Georgia?

If you die without a will in Georgia, your estate is distributed under Georgia’s intestacy statute. Your assets pass to your closest living relatives in a specific order: spouse and children share the estate, with the spouse receiving at least one-third. If you are unmarried with no children, your parents inherit. If your parents are deceased, your siblings inherit equally. The probate court appoints an administrator — typically a family member, but the court decides who. Your wishes, your relationships, and your intentions play no role in the outcome.

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