Do I Need a Trust in Georgia? How to Decide
- Trusts are most often about logistics and protecting beneficiaries, not about preserving “ultra wealth.”
- Real estate is a common tipping point because it frequently creates probate exposure if it’s not structured to pass automatically to your heirs.
- A trust only avoids probate if it’s properly funded.
- If you have minor children, planning matters. Without a trust, court processes are required over a certain amount.
“Do I need a trust?” is usually the wrong question to ask.
The better question is: “If something happened to me, how quickly and easily could my family access what I leave them?”
The vast majority of clients who create a trust as part of their estate plan aren’t ultra-high-net-worth or trying to build a dynasty. They’re trying to save their family from the court system during grief, protect their children, minimize conflict or family spats, and keep the process private as much as possible.
When most people start to wonder if they need a trust, they think the answer hinges on their net worth, but that can be a misleading starting point. Real estate is often the biggest logistical headache, so it’s worth zooming out and looking at the bigger picture before you decide.
Who should have a trust?
The simplest answer is: people who want both probate avoidance and control, especially if they own property, have minor children, or must navigate complex family dynamics.
Here are a few common situations where a trust makes sense:
- Owning real estate: A trust can streamline property transfer and reduce the likelihood that your family will need court involvement to manage or sell that property.
- Avoiding probate delays: Probate can require structured steps and reporting, on top of time delays involved in waiting for court dates.
- You have minor beneficiaries or other heirs who should inherit with restrictions: If minors inherit above certain thresholds, Georgia probate courts commonly require a conservatorship process.
- You want privacy: A properly structured trust plan will keep private details out of the court process and out of many public filings.
- You want restrictions on what and how your heirs can inherit: Trusts can control asset timing and purpose through staggered distributions, trustee oversight, and special protections for vulnerable beneficiaries.
What a trust actually does
You can think of a revocable living trust as the “container” that holds your overall estate plan and makes the logistics smoother. A trust can help you avoid probate, create guardrails around oversight and timing, offer more privacy, and make it easier for trusted advisers to step in if something goes wrong.
Your trust should work in tandem with a will (which is basically an instruction manual) and incapacity documents (which dictate who can act on your behalf while you’re alive) to create your larger estate plan.
Do I need a trust if I own a home?
Maybe, and it’s one of the most common reasons people decide a trust is worth it. Real estate can be a probate-triggering asset if there’s no built-in, automatic transfer structure. That said, owning a home doesn’t automatically mean you should use a trust; there are multiple factors at play.
Common myths about trusts and wills
Now let’s break down (and hopefully permanently retire) some of the more common myths around estate planning:
Myth #1: Trusts are only for the ultra-wealthy
Your total asset value does not need to be as high as you think for a trust to become your best estate planning solution. Many people choose a trust because they own a home, want to avoid friction in court, or want to have more control over how their kids inherit.
Myth #2: If I have a will, my estate plan is finished
A will is important, but it’s only one piece of the puzzle. If you own property, have minor children, or run a small business, you need a robust plan to keep things running smoothly if you’re incapacitated or deceased.
Myth #3: My spouse can just handle it
Sometimes your spouse can handle certain decisions, and sometimes they simply can’t. If assets are solely in your name and subject to probate, your spouse will have to go through formal steps before assuming full authority. And if you’re incapacitated but still alive, being married doesn’t automatically grant them decision-making power over your finances or medical care.
Myth #4: I created a trust, so I’m done
Creating your trust is step one. Step two is funding it, or making sure key assets are titled into the trust. After that, you still need to pay attention to maintenance, like updating your plan with major life changes. Creating a trust that never gets funded or updated is like buying a security system and then never installing it.
Probate in Georgia is worse than you think
In Georgia, probate is a lengthy court process that can require formal appointments, filings, and ongoing administration. Trusts are designed to minimize how much of your estate has to go through that system, which is particularly useful for real estate.
When is a trust better than a will?
A trust is a better overall “container” for your estate plan when your primary goal is to avoid probate, transfer real estate, control distribution, and keep your estate plan private. A will can still be a great tool for simpler estates, but it has some drawbacks (like going through probate) that you should understand going in. Wills make great complements to a trust as part of an estate plan, so we usually recommend having both.
If you’re still not sure whether a trust is right for you, download our free one-page guide breaking down the differences between a will and a trust, and how to choose. For more customized support, schedule a consultation call.
