What Authority a Successor Trustee Has
A Georgia revocable living trust becomes irrevocable at the grantor death. At that same moment, the successor trustee named in the trust instrument assumes full authority over the trust estate. This succession is automatic — no court approval, no filing, and no waiting period. For rental properties, that authority includes collecting rent, directing property managers, signing leases, filing evictions, paying mortgages, and selling or refinancing properties per the trust terms.
The practical qualification: legal authority and recognized authority are not the same thing. Banks, property managers, insurance companies, and tenants will not act without documentation. The certificate of trust is what bridges that gap.
The Documentation Packet
A successor trustee may present a certificate of trust in place of the full trust document. The certificate confirms the trust exists, identifies the successor trustee, and states their powers — without disclosing any distribution provisions or beneficiary information. The core documents for a rental portfolio:
1
Certified Death Certificates
Order 8 to 10 certified copies immediately. Banks, title companies, and financial institutions each require an original. Running out of death certificates is one of the most common causes of administration delays.
2
Certificate of Trust
States the trust name, date, the successor trustee identity, and the powers relevant to the transaction. Presented to banks, property managers, tenants, and title companies. The full trust document stays private.
3
Property Management Transition Letter
Written notice to each property management company identifying the successor trustee as the new directing party and providing trust account banking information for rent deposits.
4
Bank Authorization Package
For each bank account tied to rental income or property expenses, the successor trustee presents the death certificate and certificate of trust and requests a change in authorized signers.
5
LLC Successor Member Designation
If the trust holds LLC interests, this amendment to each LLC operating agreement names the trust as the continuing member and the successor trustee as the authorized manager.
6
Tenant Notification Letter
A letter to each tenant confirming the property is now managed by the successor trustee and identifying where rent should be paid. Tenants are not required to sign anything.
A well-prepared estate plan includes all six documents in draft form, ready to be executed immediately after death. The difference between a plan that has the packet and one that does not is weeks versus months of operational disruption.
The First 30 Days
Days 1 to 5: Obtain certified death certificates. Locate the trust document. Identify every trust asset including all properties titled in the trust name, all LLC interests assigned to the trust, and all bank accounts.
Days 5 to 10: Prepare the certificate of trust. Contact property managers with the transition letter. Confirm rent collection is continuing and rents are being directed to the correct account.
Days 10 to 20: Present the bank authorization package to each financial institution. Contact insurance companies and confirm policies are active.
Days 20 to 30: Notify all tenants in writing. For properties held through LLCs, execute the LLC successor member designation if not already prepared.
When the Trust Holds LLC Interests
Many Atlanta real estate investors hold rental properties through LLCs, with the trust owning the LLC membership interests rather than the properties directly. This changes what the successor trustee can do immediately at death.
An assignee of LLC interests — including a trust that received the interests by assignment — receives only economic rights: a share in profits, losses, and distributions. The assignee does not automatically receive management or voting authority over the LLC. To exercise management authority, the successor trustee must be admitted as a full member per the operating agreement.
The solution is drafted into the LLC operating agreement before death: a provision naming the trust as the member and explicitly granting the successor trustee full management authority upon the original member death. For more on structuring this correctly, see How to Connect Your LLC to Your Trust in Georgia.
The Unfunded Trust Problem
The most common failure in rental portfolio estate planning is a trust that was created but never funded. Creating a trust document transfers nothing. For real property to become trust property, the deed must be executed and recorded in the county real property records. Until that recording happens, the property is not in the trust.
Any rental property not formally retitled into the trust name must pass through Georgia probate regardless of what the trust documents say. The successor trustee has no authority over untitled properties. Those properties become probate assets subject to 9 to 18 months of court administration. See How to Transfer Rental Properties into a Trust in Georgia for the exact steps to fund the trust correctly.
