Trusts in Georgia
A revocable living trust in Georgia holds your assets during your lifetime and passes them directly to beneficiaries at death — bypassing the county probate court entirely. Governed by the Revised Georgia Trust Code (O.C.G.A. Title 53, Chapter 12), trusts must be created in writing and signed by the settlor. Georgia does not require trusts to be registered.
By Find Local Law Editorial Team · Last reviewed: May 26, 2026
Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.
This is general information, not legal advice. A Georgia estate planning attorney can help with your specific situation.
What a Revocable Living Trust Is
A revocable living trust is a legal arrangement in which you (the “settlor”) transfer ownership of your assets to a trust that you also control as trustee during your lifetime. You can use, sell, and manage the assets exactly as before — the trust is transparent to you while you are alive and capable. When you die, a successor trustee you have named steps in and distributes the assets to your beneficiaries according to the trust’s terms, without any court involvement.
The Probate-Avoidance Benefit
Assets held in a properly funded revocable trust do not go through the county probate court. Georgia probate typically takes six to twelve months and involves court filings, creditor notice periods, and legal fees. A trust bypasses all of that, so beneficiaries receive their inheritance faster and the distribution remains private (probate records are public; trust terms are not).
Creating a Valid Trust Under Georgia Law
The Revised Georgia Trust Code (O.C.G.A. Title 53, Chapter 12) governs trust creation. Under O.C.G.A. § 53-12-20, an express trust requires: (1) a settlor with capacity, (2) a valid trust purpose, (3) ascertainable beneficiaries, (4) trust property (res), and (5) the document must be in writing and signed by the settlor. A trust does not need to be filed with any court or government agency.
Funding the Trust
Creating the trust document is only the first step — the trust must be funded to work. Funding means re-titling assets into the trust’s name (e.g., real estate, bank accounts, brokerage accounts). Assets left outside the trust at death still go through probate. Most Georgia estate planning attorneys help clients fund the trust as part of the engagement, or at minimum provide written instructions for doing so.
Trustee Duties
A trustee owes the trust’s beneficiaries strict fiduciary duties under O.C.G.A. §§ 53-12-190 through 53-12-199, including: the duty of loyalty (act in beneficiaries’ interests, not the trustee’s own), the duty of impartiality (balance the interests of current and future beneficiaries), and the prudent investor rule (invest trust assets as a prudent investor would, considering risk and return). These duties apply to a successor trustee after the settlor’s death just as they apply during administration.
Certification of Trust — No Registration Required
Georgia has no trust registry. When a trustee needs to act on behalf of the trust (opening a bank account, selling real estate), the trustee provides a Certification of Trust to the third party (O.C.G.A. § 53-12-280). The certification confirms the trust’s name, date, trustee’s identity and authority, and powers granted — without revealing the beneficiaries or distribution terms. Banks and title companies in Georgia are accustomed to accepting these certifications.
Irrevocable Trusts
While a revocable trust can be changed or terminated at any time, an irrevocable trust generally cannot. Irrevocable trusts are used for specific planning goals — Medicaid planning, life insurance trusts, or asset protection — and involve tradeoffs in control and flexibility. They require careful drafting and are typically more complex than a standard revocable living trust.
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Start your free intakeFrequently asked questions
- Does a revocable trust avoid probate in Georgia?
- Yes. Assets held in a properly funded revocable trust pass directly to beneficiaries at the settlor's death without going through probate court. This can save significant time (typical Georgia probate takes 6–12 months) and keeps the distribution private.
- Does Georgia require trusts to be registered?
- No. Georgia has no trust registry. Instead, a trustee can provide a Certification of Trust (O.C.G.A. § 53-12-280) to banks and other third parties — this confirms the trust's existence and the trustee's authority without disclosing the full trust document.
- Can I change a revocable trust after I create it?
- Yes. A revocable trust can be amended or revoked by the settlor at any time while the settlor has capacity (O.C.G.A. § 53-12-40 et seq.). The trust becomes irrevocable at the settlor's death.
Sources
Related guides
- Estate and Inheritance Taxes in Georgia Georgia eliminated its state estate tax effective July 1, 2014, and has never had a state inheritance tax. For 2026, the federal estate tax exemption is $15,000,000 per individual under the One Big Beautiful Bill Act (signed July 4, 2025), leaving the vast majority of Georgia estates with no estate tax exposure at either the state or federal level.
- Georgia Advance Directive for Health Care Georgia's Advance Directive for Health Care (O.C.G.A. §§ 31-32-1 through 31-32-14) is a combined document that names a healthcare agent to make medical decisions on your behalf AND states your treatment preferences for end-of-life care. It replaced Georgia's old living will and durable power of attorney for health care when the Act took effect July 1, 2007.
- Naming a Guardian for Your Children in a Georgia Will Georgia law allows any parent to nominate a guardian for their minor children in a will (O.C.G.A. § 29-2-4). If the child has no other living parent when the will is probated, letters of guardianship are issued to the nominated person without a hearing. If the other parent is alive, that parent generally has superior guardianship rights.
- Powers of Attorney in Georgia Georgia's Power of Attorney Act (O.C.G.A. §§ 10-6B-1 et seq., effective July 1, 2017) makes POAs durable by default — they survive the principal's incapacity unless the document says otherwise. The Act also expressly permits springing (conditional) POAs and requires notarization plus one witness.
- Wills in Georgia A valid Georgia will requires the testator to be at least 14 years old and of sound mind, the will to be in writing and signed, and two or more witnesses to attest and subscribe. Georgia does not recognize handwritten wills without witnesses or oral wills.
- Related area: Probate in Georgia