Georgia Living Trust Template

A living trust created in Georgia allows the grantor to transfer assets into a trust during their lifetime, naming a trustee to manage those assets and a successor trustee to distribute them to beneficiaries after death — all without going through Georgia's probate process. Under Georgia Trust Code, O.C.G.A. Title 53, Chapter 12, Georgia governs the creation, administration, and termination of revocable living trusts. Georgia is a equitable distribution state — a distinction that directly affects how marital assets are titled in the trust. In Georgia, no formal small estate threshold — all estates with solely titled assets must go through probate court, making a living trust particularly valuable for estates that exceed this limit. Regarding taxation, Georgia has no state estate tax or inheritance tax.

Without a living trust, Georgia estates may face a lengthy and expensive probate process. In Georgia, probate costs typically include "reasonable" attorney fees; Georgia probate is relatively efficient through probate court. No trust registration required in Georgia. Every asset must be formally re-titled in the trust's name — an unfunded living trust provides no probate avoidance. A complete estate plan pairs a living trust with a pour-over will and a power of attorney for lifetime incapacity protection.