What documents make up a Georgia estate plan?

Commonly a will (O.C.G.A. § 53-4-20), often with a revocable trust (§ 53-12-20, § 53-12-40), beneficiary designations, a power of attorney under the Georgia Power of Attorney Act (§ 10-6B-5), and an advance directive for health care appointing a health care agent and stating treatment preferences (§ 31-32-5). Georgia has no estate or inheritance tax (§ 48-12-1).

Does a Georgia trust need to be signed before witnesses?

An express trust is created or declared in writing and signed by the settlor or an expressly authorized agent (O.C.G.A. § 53-12-20(a)); the statute asks for no witnesses or notary. A will, by contrast, is attested by two or more competent witnesses (§ 53-4-20) and may be made self-proved before a notary (§ 53-4-24).

Does a Georgia trust avoid probate?

Property titled to the trustee during the settlor's life passes under the trust's provisions without a probate administration; property outside the trust passes by will or intestacy through the probate court (O.C.G.A. § 53-5-5, § 53-2-1), by survivorship (§ 44-6-190) or by beneficiary designation. The trust's property still answers for the estate's creditors to the extent the probate estate is inadequate (§ 53-12-82).

Georgia Estate Planning: Wills, Trusts, Probate, Protection

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The building blocks of a Georgia estate plan

A Georgia will

A will directs who receives your property and names a personal representative, but it generally must pass through Georgia probate to take effect. It can also name guardians for minor children.

A revocable living Trust

A revocable living Trust holds your assets during life and passes them to your beneficiaries at death — generally outside probate — while you keep full control and can change it anytime. It is an administration and probate-avoidance tool, not asset protection.

Probate

Probate is the court process that settles a decedent's estate — proving the will, paying creditors, and distributing what remains. In Georgia the probate court of the county appoints the personal representative, who publishes the notice to creditors (O.C.G.A. § 53-7-41) and files the inventory (§ 53-7-30); many plans aim to reduce or avoid probate.

Asset protection

Georgia protects some property by statute — the exemption from levy and sale (O.C.G.A. § 44-13-1), retirement accounts and the benefits § 44-13-100 lists, and life insurance proceeds and cash values (§ 33-25-11) — but each depends on facts, timing and titling, and a revocable Trust does not by itself shield assets from creditors (§ 53-12-82). This is an area to review with a Georgia attorney.

Powers of attorney & advance directives

A complete plan usually also includes a power of attorney for finances (O.C.G.A. § 10-6B-5) and an advance directive for health care (§ 31-32-5) — so someone you trust can act for you if you cannot, rather than whoever the law would otherwise name.

Which plan is right in Georgia?

There is no single best plan for everyone — the right mix of will, Trust, and directives depends on your assets, your family, and your goals. This page is general information, not legal advice. A free role check can show you where you stand, and a Georgia attorney can recommend what fits your situation.

General information about Georgia law, not legal advice.

Frequently asked questions

What documents make up a Georgia estate plan?: Commonly a will (O.C.G.A. § 53-4-20), often with a revocable trust (§ 53-12-20, § 53-12-40), beneficiary designations, a power of attorney under the Georgia Power of Attorney Act (§ 10-6B-5), and an advance directive for health care appointing a health care agent and stating treatment preferences (§ 31-32-5). Georgia has no estate or inheritance tax (§ 48-12-1).
Does a Georgia trust need to be signed before witnesses?: An express trust is created or declared in writing and signed by the settlor or an expressly authorized agent (O.C.G.A. § 53-12-20(a)); the statute asks for no witnesses or notary. A will, by contrast, is attested by two or more competent witnesses (§ 53-4-20) and may be made self-proved before a notary (§ 53-4-24).
Does a Georgia trust avoid probate?: Property titled to the trustee during the settlor's life passes under the trust's provisions without a probate administration; property outside the trust passes by will or intestacy through the probate court (O.C.G.A. § 53-5-5, § 53-2-1), by survivorship (§ 44-6-190) or by beneficiary designation. The trust's property still answers for the estate's creditors to the extent the probate estate is inadequate (§ 53-12-82).