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
- Name your players: Grantor (you), Trustee (often you), Successor Trustee, and Beneficiaries.
- Draft the trust: Write a clear document naming everyone and stating what happens to your assets.
- Sign and notarize: Sign all pages, and notarize for safety.
- Create a Certification of Trust: Use this one-page summary for banks and brokers.
- Fund the trust: Transfer ownership of your property, accounts, and other assets into it.
- Keep separate records: Manage trust property separately from your personal finances.
- Know your taxes: Use your SSN while alive; after death or if irrevocable, use a new EIN.
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.
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.
For your trust to be legally valid in Georgia, it must satisfy five essential elements:
- Intent — your clear written purpose to create a trust.
- Trust Property — assets exist and are named.
- A Beneficiary — someone who benefits from the trust.
- A Trustee — who manages the property.
- 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.
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
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the Grantor’s and Trustee’s names and addresses, whether the trust is revocable, and a statement that the trust hasn’t been revoked.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
A trust only works when assets are legally transferred into it. Funding is the step that makes your trust real — if you skip it, your property stays in your name and will still require probate.
Real Estate: Prepare a new Quitclaim or Warranty Deed and file it with your County Superior Court Clerk. Complete and file the PT-61 Real Estate Transfer Tax Form.
Bank and Brokerage Accounts: Ask each institution for a trust re-titling form. Retitle accounts to include the trust name and date.
Life Insurance and Retirement Accounts: Change beneficiary to the trust. Do not change ownership.
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 |
6. Maintain the Trust
- 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
While you’re alive, the IRS treats you and your trust as the same person. Use your Social Security Number and 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), and file estimated taxes if required.
8. Common Mistakes to Avoid
- 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.
9. When to Hire a Lawyer
Hire an attorney to set up a trust if you want asset protection or Medicaid planning, own multiple properties across states, are transferring business interests or LLCs, or are creating irrevocable or tax-minimizing trusts.
Ready to Set Up Your Georgia Trust?
Our Georgia estate planning attorneys can draft and fund your Revocable Living Trust — so every asset is titled correctly and your family stays out of probate. Schedule a Free Strategy Call to get started today.
