Atlanta Revocable Living Trust Attorney — No Probate, No Court, No Delay

A revocable living trust is a legal document that holds your assets during your lifetime and transfers them to named beneficiaries when you die, without going through probate court. You are the trustee of your own trust while you are alive and capable, so nothing changes about how you manage your assets day to day. You name a successor trustee who steps in at your death or incapacity. Because the trust, not you personally, owns the assets, there is nothing to probate. The successor trustee distributes or continues managing the assets according to the trust instructions immediately.

Yes, but only for assets that are actually transferred into the trust before you die. This is called funding the trust. Bank accounts, investment accounts, and real estate that are re-titled in the name of your trust pass directly to your beneficiaries without probate. Assets that remain in your name alone at your death still go through the Georgia probate process, regardless of what your trust says. A pour-over will can direct unfunded assets into the trust at death, but those assets still go through probate first. Proper funding, completing the deed transfers and account retitling at the time you sign the trust, is the step that actually avoids probate.

Funding a revocable trust means transferring ownership of your assets from your name individually into the name of your trust. For real estate, this requires a new deed, a quitclaim or warranty deed that transfers title to you as trustee, recorded in the county where the property is located. For bank and investment accounts, you contact the institution and re-title the account in the trust’s name or name the trust as beneficiary. For retirement accounts (IRA, 401k), you typically name the trust as a contingent beneficiary rather than retitling the account itself, because retitling a retirement account triggers immediate tax consequences. We handle the deed preparation and recording as part of every trust plan we complete and give you a checklist for the remaining accounts. Your trust uses your own Social Security number. You do not need a separate tax ID while you are alive. Nothing changes about how you file your taxes.

A will is a document that directs how your assets are distributed after you die, but it operates through the probate court. A will goes through a judge. The court controls the assets, sets the timeline, and must approve each major action during the administration. In Georgia, that process takes 9 to 18 months and costs 3 to 5 percent of the estate in attorney’s fees. A revocable living trust transfers the same assets to the same beneficiaries without going through court at all. Your successor trustee acts immediately with no court filing, no judge, and no public record. A will also has no authority during your lifetime if you become incapacitated. A trust continues to be managed by your successor trustee with no court involvement.

A complete revocable living trust plan, including the trust document, pour-over will, durable financial power of attorney, advance healthcare directive, and deed preparation for your primary residence, starts at $3,500 in Atlanta. Couples and larger estates may cost more depending on the number of properties, businesses, or out-of-state assets involved. We provide a flat-fee quote at your initial strategy call so you know the total cost before signing anything. There are no hourly billing surprises.

A revocable living trust costs more than a simple will. It also takes more work upfront. You must fund it. This means moving your house, bank accounts, and other property into the trust’s name. If you skip this step, the trust does nothing for you. A trust does not protect your property from your own creditors while you are alive. This is because you still control everything in it. For most Georgia families, the trust still saves time and money later. That makes the extra work now worth it. A revocable trust also does not lower your income taxes or estate taxes. You still report trust income on your own tax return. The trust’s assets still count as part of your estate for tax purposes.

Georgia law does not require a lawyer to create a trust. But most do-it-yourself trusts fail. They fail because people never finish funding them. Or the wording does not match Georgia law. A trust that is not funded does not avoid probate. This is true no matter how well it is written. A lawyer also prepares the deed transfers and account paperwork. Most people do not know they need this paperwork. A small mistake in a trust can cost your family much more later. That cost is often far more than paying for legal help now.

Yes. If you own real estate outside Georgia, your family would normally need to open a second probate case in that state. Lawyers call this ancillary probate. A funded trust holds title to all your properties, in Georgia and elsewhere. Your successor trustee can move every property without a second court case. This saves real time and money.

No. A revocable living trust does not carry ongoing fees to the state or to us once it is signed and funded. You may pay a small fee later if a bank or county needs a new form when you add property. But there is no yearly cost tied to the trust itself.