Is a Georgia trust revocable by default?

No. A settlor has no power to modify or revoke a trust in the absence of an express reservation of that power (O.C.G.A. § 53-12-40(a)) — the reverse of the Uniform Trust Code's presumption. A power to revoke includes a power to modify, and a revocation or modification is in a signed writing.

Who does the trustee answer to while the settlor is alive?

While the settlor who reserved a power of revocation is alive and the power has not been released, the trustee's duties are owed exclusively to the settlor; the annual accounting to the beneficiaries and the common-law duty to keep them informed are off for that time (O.C.G.A. § 53-12-46(a)(1)). An agent may exercise the settlor's powers only to the extent the instrument and the power expressly authorize (§ 53-12-43).

What happens when the settlor dies?

The trust becomes irrevocable; within 60 days after that date the trustee notifies the qualified beneficiaries of the trust's existence and the trustee's name and mailing address (O.C.G.A. § 53-12-242); the accounting duty of § 53-12-243 begins; and the trustee may distribute under the trust provisions subject to the two-year contest period and a contestant's notice (§ 53-12-45).

The Georgia Revocable Living Trust, Explained

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What a revocable living Trust is

A revocable living Trust is a legal arrangement you create during your life and can change or revoke at any time. You typically serve as your own Trustee while you're able, so day-to-day life doesn't change — but the Trust, not you personally, holds title to the assets you transfer into it.

What it does well in Georgia

Avoids probate for the assets the Trust owns, so they pass to your beneficiaries privately and without court administration.
Plans for incapacity — if you can't manage your affairs, your named successor Trustee steps in without a court conservatorship.
Keeps your affairs private — unlike a will, a Trust is generally not filed in the public court record.
Lets you stay in control — you can amend or revoke it anytime while you have capacity.

What a revocable living Trust does NOT do

Because you keep full control, a revocable living Trust does not protect your assets from your own creditors, and it does not by itself reduce estate taxes. It is an administration and probate-avoidance tool — not asset protection. Protecting assets is a separate, fact-specific question for a Georgia attorney.

The step people miss: funding the Trust

A Trust only avoids probate for assets actually transferred into it — retitling accounts and property into the Trust's name. An unfunded Trust does little; this is why a “pour-over” will is used as a backstop, and why funding is worth reviewing with a Georgia attorney.

Is a revocable living Trust right for you in Georgia?

There is no single right answer — it depends on your assets, your family, and your goals, and many plans pair a Trust with a will and directives. 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

Is a Georgia trust revocable by default?: No. A settlor has no power to modify or revoke a trust in the absence of an express reservation of that power (O.C.G.A. § 53-12-40(a)) — the reverse of the Uniform Trust Code's presumption. A power to revoke includes a power to modify, and a revocation or modification is in a signed writing.
Who does the trustee answer to while the settlor is alive?: While the settlor who reserved a power of revocation is alive and the power has not been released, the trustee's duties are owed exclusively to the settlor; the annual accounting to the beneficiaries and the common-law duty to keep them informed are off for that time (O.C.G.A. § 53-12-46(a)(1)). An agent may exercise the settlor's powers only to the extent the instrument and the power expressly authorize (§ 53-12-43).
What happens when the settlor dies?: The trust becomes irrevocable; within 60 days after that date the trustee notifies the qualified beneficiaries of the trust's existence and the trustee's name and mailing address (O.C.G.A. § 53-12-242); the accounting duty of § 53-12-243 begins; and the trustee may distribute under the trust provisions subject to the two-year contest period and a contestant's notice (§ 53-12-45).

General information about Georgia law, not legal advice.