What does a Georgia will require?

A writing signed by the testator, or by another in the testator's presence and at the testator's express direction, attested and subscribed in the testator's presence by two or more competent witnesses (O.C.G.A. § 53-4-20); an individual 14 or older may make one (§ 53-4-10). Georgia recognizes no holographic will. A will may be made self-proved by affidavits before a notary (§ 53-4-24).

What does a Georgia revocable trust require?

A writing signed by the settlor, with a settlor's intention to create the trust, trust property, a reasonably ascertainable beneficiary, a trustee and trustee duties (O.C.G.A. § 53-12-20); the power to revoke is reserved expressly, or there is none (§ 53-12-40). Real property becomes trust property of a settlor-trustee's trust only when the conveyance is recorded (§ 53-12-25(b)).

Which one controls after death?

Each controls what it holds: the trust's provisions govern property titled to the trustee; the will governs the probate estate. A contest of a trust that was revocable at the death is commenced within two years (O.C.G.A. § 53-12-45); a will is proved in the probate court (§ 53-5-5).

Georgia Will vs. Revocable Living Trust: How They Compare

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Georgia will vs. revocable living Trust, at a glance

What matters	Georgia will	Revocable living Trust
When it takes effect	Only at death	During life and at death
Georgia probate	Generally required to take effect	Generally avoided for assets the Trust owns
Privacy	Becomes a public court record	Stays private
If you become incapacitated	Doesn't help — a will operates only at death	A successor Trustee can manage assets for you
Protection from your creditors	No	No — a revocable Trust is not asset protection

Many Georgia plans use both

A revocable living Trust often holds the major assets to avoid probate and plan for incapacity, while a “pour-over” will catches anything left out and names guardians for minor children. Used together, they cover gaps neither closes alone.

Which is right for you in Georgia?

There is no single right answer — it depends on your assets, your family, whether incapacity planning matters to you, 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 does a Georgia will require?: A writing signed by the testator, or by another in the testator's presence and at the testator's express direction, attested and subscribed in the testator's presence by two or more competent witnesses (O.C.G.A. § 53-4-20); an individual 14 or older may make one (§ 53-4-10). Georgia recognizes no holographic will. A will may be made self-proved by affidavits before a notary (§ 53-4-24).
What does a Georgia revocable trust require?: A writing signed by the settlor, with a settlor's intention to create the trust, trust property, a reasonably ascertainable beneficiary, a trustee and trustee duties (O.C.G.A. § 53-12-20); the power to revoke is reserved expressly, or there is none (§ 53-12-40). Real property becomes trust property of a settlor-trustee's trust only when the conveyance is recorded (§ 53-12-25(b)).
Which one controls after death?: Each controls what it holds: the trust's provisions govern property titled to the trustee; the will governs the probate estate. A contest of a trust that was revocable at the death is commenced within two years (O.C.G.A. § 53-12-45); a will is proved in the probate court (§ 53-5-5).

General information about Georgia law, not legal advice.