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. 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:
- Create a trust document that legally establishes your trust.
- 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.
How To Put a House In a Trust Without a Lawyer in Georgia
Step 1 — Create Your Living Trust Document
Your trust must include the trust name and date, your name as Settlor (creator of the trust), a Trustee (usually yourself while you’re alive), a Successor Trustee who takes over when you die or become incapacitated, beneficiaries who will inherit the property, your signature and date, and Trustee powers that include specific authority to manage, rent, insure, mortgage, and sell real estate.
Step 2 — Choose Between Revocable and Irrevocable
A Revocable Living Trust keeps you in control and is best for avoiding probate, keeping privacy, and planning for incapacity. It does not protect your home from creditors or Medicaid recovery.
An Irrevocable Trust requires you to give up control once the home is transferred. It is used for asset protection or Medicaid planning and can trigger issues with your mortgage if you still owe money.
Step 3 — Prepare the Quitclaim Deed
Your deed must include your full name and address as Grantor, your name and trust name as Grantee (for example, “John Smith, Trustee of the John Smith Living Trust dated October 6, 2025”), the legal property description using the exact wording from your current deed, and the county and date of transfer.
Step 4 — Sign the Deed Correctly
Georgia requires two witnesses and a notary public. All signatures must happen at the same time. If you forget a witness or notarization, the deed is invalid — even if recorded.
Step 5 — 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 the original signed and notarized deed, the PT-61 Transfer Tax Form, and the filing fee (usually $25–$35). If you die before recording it, your home will still go through probate.
Step 6 — 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.
Step 7 — Update Property Taxes and Homestead Exemption
After recording your deed, 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. Without it, you’ll lose the exemption for that year.
Step 8 — Update Your Homeowners Insurance
Tell your insurance company that the trust now owns your home. Ask them to 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.
Common Mistakes to Avoid
- Missing a witness or notary signature. Your deed will be rejected.
- Not recording the deed. Ownership doesn’t transfer until recorded.
- Forgetting to file the homestead affidavit. You’ll lose your tax break.
- Putting a mortgaged home in an irrevocable trust. It can trigger a due-on-sale clause.
- Not updating your insurance. Claims may be denied.
