To make a living trust in Georgia, you: Choose whether to make an individual or shared trust. Decide what property to include in the trust. Choose a successor trustee. Decide who will be the trust's beneficiaries—that is, who will get the trust property. Create the trust document.
2024 CODE OF GEORGIA. Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12)
When you die, the assets in your living trust do not need to go through probate. Probate can be time-consuming and costly. With a revocable living trust, your trustee can manage your estate and transfer your assets to your designated beneficiaries immediately on your death without delay or payment of probate fees.
How to set up a living trust in Georgia in 7 steps Choose between an individual or joint trust. Decide what property to include in the trust. Choose a trustee. Decide who will be the trust's beneficiaries. Create the living trust document. Sign the trust document. Transfer property to the trust.
Trusts themselves are private and do not become part of the public record. They can hold many types of assets. However, a Georgia Living Trust does not offer any asset protection. On the other hand, a Georgia LLC is a legal business structure.
A Certificate of Trust may need to be recorded in the county that any real property is in. That said, if there's no real property owned by the Trust, there may not be any need to record it.
The Legal Landscape of DIY Trusts in Georgia Technically, you can set up a trust without an attorney in Georgia. The state does not require legal representation for trust creation. However, just because you can doesn't always mean you should.
A trust can be contested if it's believed to have been created based on fraudulent information or if the grantor's signature was forged. Under Georgia law, certain formalities must be observed for a trust to be legally valid. Failure to adhere to these formalities can be grounds for contestation.
In Georgia, revocable trusts are generally notarized to avoid fraud. Then, store it somewhere safe where your trustee or successor trustee can access it.