Revocable Living Trusts in Georgia
How revocable living trusts work under Georgia law and the other ways to pass property without probate.
Short answer: Georgia has not adopted the Uniform Trust Code; trusts are governed by the Revised Georgia Trust Code of 2010. O.C.G.A. §§ 53-12-1, 53-12-40
| Revocable living trust | Georgia has not adopted the Uniform Trust Code; trusts are governed by the Revised Georgia Trust Code of 2010. Unlike most states, a Georgia trust is NOT revocable unless the trust document expressly reserves the power to revoke or modify. A power to revoke includes a power to modify, and any revocation or modification must be in writing and signed by the settlor. Assets must be retitled to the trustee to be governed by the trust; trust property passes under its terms without probate, while property left in the decedent's own name may need probate, an order of no administration necessary, or year's support. Text read on a public mirror of the Official Code of Georgia (current as of 2024). Source: O.C.G.A. §§ 53-12-1, 53-12-40 |
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| Ways to avoid probate | Non-probate options in Georgia include: joint and payable-on-death bank accounts, which belong to the surviving party or beneficiary (O.C.G.A. § 7-1-813); transfer-on-death registration of securities under the Uniform Transfer on Death Security Registration Act (O.C.G.A. § 53-5-60 and following); property held in a funded trust (O.C.G.A. § 53-12-40); joint ownership with right of survivorship; and, without full probate, an Order Declaring No Administration Necessary or a year's support order for the spouse and minor children (O.C.G.A. § 53-2-40). Text read on a public mirror of the Official Code of Georgia (current as of 2024). |
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FAQ
How do living trusts work in Georgia?
Georgia has not adopted the Uniform Trust Code; trusts are governed by the Revised Georgia Trust Code of 2010. Unlike most states, a Georgia trust is NOT revocable unless the trust document expressly reserves the power to revoke or modify. A power to revoke includes a power to modify, and any revocation or modification must be in writing and signed by the settlor. Assets must be retitled to the trustee to be governed by the trust; trust property passes under its terms without probate, while property left in the decedent's own name may need probate, an order of no administration necessary, or year's support.
How can you avoid probate in Georgia?
Non-probate options in Georgia include: joint and payable-on-death bank accounts, which belong to the surviving party or beneficiary (O.C.G.A. § 7-1-813); transfer-on-death registration of securities under the Uniform Transfer on Death Security Registration Act (O.C.G.A. § 53-5-60 and following); property held in a funded trust (O.C.G.A. § 53-12-40); joint ownership with right of survivorship; and, without full probate, an Order Declaring No Administration Necessary or a year's support order for the spouse and minor children (O.C.G.A. § 53-2-40).
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.