What kinds of trusts does Georgia law describe?

Express trusts, created in a signed writing (O.C.G.A. § 53-12-20), which may be revocable or irrevocable (§ 53-12-40); charitable trusts (§ 53-12-170); trusts for the care of an animal (§ 53-12-28); implied trusts — resulting (§ 53-12-130) and constructive (§ 53-12-132); and the directed trust, in which a trust director holds a power of direction (§ 53-12-500).

What is a spendthrift trust in Georgia?

A trust whose instrument prohibits both voluntary and involuntary transfers of a beneficiary's interest; words that the interest is held subject to a spendthrift trust suffice (O.C.G.A. § 53-12-80). A creditor cannot reach the interest before the beneficiary receives a distribution, with the statute's exceptions for support, taxes, torts, restitution and necessaries.

What is a directed trust?

A trust whose instrument grants a trust director powers of direction (O.C.G.A. § 53-12-500, § 53-12-502). A directed trustee complies with the director's direction and is not liable for it unless compliance would clearly constitute an act committed in bad faith (§ 53-12-504).

Types of Trusts in Georgia

Trying to figure out which Trust fits? A free role check shows you where you stand.

Start the free role check

Common types of Trusts in Georgia

Revocable living Trust

Created during life and changeable anytime; commonly used to avoid probate and plan for incapacity. You keep control — so it is not asset protection.

Irrevocable Trust

Generally can't be changed or revoked once created; you give up control in exchange for benefits some irrevocable Trusts can offer, such as certain tax or planning goals. Fact-specific — for an attorney to design.

Testamentary Trust

Created by your will and funded only after death, through probate. Useful for leaving assets to minors or in stages.

Special needs (supplemental needs) Trust

Holds assets for a beneficiary with disabilities without disrupting needs-based public benefits like Medicaid or SSI, when properly drafted.

Spendthrift Trust

Includes a spendthrift provision that restrains a beneficiary's ability to transfer their interest and limits some creditors' reach (O.C.G.A. § 53-12-80), within limits.

Charitable Trust

Benefits a charitable purpose; certain forms can combine giving with income or tax planning. Design and compliance are an attorney/advisor matter.

Trust for a pet

A Georgia trust for the care of an animal alive during the settlor's lifetime, which the Georgia Trust Code provides for (O.C.G.A. § 53-12-28); it ends when the last covered animal dies.

Which type of Trust fits your goals?

Trusts are tools — the right one (if any) depends entirely on your goals, your family, your assets, and tax considerations. This page is general information, not legal advice. A free role check can show you where you stand, and a Georgia attorney can design what fits your situation.

General information about Georgia law, not legal advice.

Frequently asked questions

What kinds of trusts does Georgia law describe?: Express trusts, created in a signed writing (O.C.G.A. § 53-12-20), which may be revocable or irrevocable (§ 53-12-40); charitable trusts (§ 53-12-170); trusts for the care of an animal (§ 53-12-28); implied trusts — resulting (§ 53-12-130) and constructive (§ 53-12-132); and the directed trust, in which a trust director holds a power of direction (§ 53-12-500).
What is a spendthrift trust in Georgia?: A trust whose instrument prohibits both voluntary and involuntary transfers of a beneficiary's interest; words that the interest is held subject to a spendthrift trust suffice (O.C.G.A. § 53-12-80). A creditor cannot reach the interest before the beneficiary receives a distribution, with the statute's exceptions for support, taxes, torts, restitution and necessaries.
What is a directed trust?: A trust whose instrument grants a trust director powers of direction (O.C.G.A. § 53-12-500, § 53-12-502). A directed trustee complies with the director's direction and is not liable for it unless compliance would clearly constitute an act committed in bad faith (§ 53-12-504).

General information about Georgia law, not legal advice.