Updated June 29, 2022
The Georgia revocable living trust is a legal document that holds a person’s assets and does not need to go through probate after the creator dies. The person creating the document, called the Grantor, appoints a Trustee. The Grantor may choose to appoint themselves this position, otherwise they will appoint a person they know to be trustworthy. This person is in charge of maintaining the Trust and will distribute the contents of the Trust to the Beneficiaries once the Grantor dies. Skipping probate in the State of Georgia will allow for a quicker and less expensive process for the Beneficiaries. Although a revocable living trust does not protect one’s assets from estate taxes, it will allow for the Trustee to continue to manage the Trust instead of a conservator if the Grantor becomes mentally incapacitated. All revocable trusts become irrevocable upon the Grantor’s death.
Laws – Title 53, Chapter 12, Article 3 (Revocable Trusts)
How to Write
Step 1 – Download in Adobe PDF (.pdf), Microsoft Word (.docx), or Open Document Text (odt).
Step 2 – Once the form has been opened, the name of the person creating the trust must be entered in the first blank field and the date should be included below that. Next, the name and addresses of both the Grantor (creator) and the Trustee (manager) must be provided. Create a name for the Trust under Article 1 and, if this document is an alteration of a previously created trust, tick the first checkbox. If it is a new living trust, tick the second box.
Step 3 – Article 4 contains a series of subsections that take effect once the Grantor dies. The first section, Section A, will be a list of property along with the name of the person the Grantor wishes it to be bestowed upon.
Step 4 – The second section, Section B, requires the Grantor to select who will inherit the personal property placed in the Trust. The first checkbox signifies that the Beneficiaries will receive the personal property and the second means a specific individual, whose name, address, and Social Security number must be provided, will receive the personal property.
Step 5 – Section C of Article 4 pertains to the care of the Grantor’s pets upon the Grantor’s death. Enter the name and address of the individual who will be accepting the responsibilities of Pet Caretaker. A second individual must be named in case the first Pet Caretaker cannot perform their responsibilities.
Step 6 – Continued under Section C, Article 4 is part (ii), where the Grantor may choose to provide funding to the Pet Caretaker. If funding is to provided, tick the first box and provide the dollar amount. If no funding it to be provided, tick the second box.
Step 7 – The final part of Section C, Article 4 is “3rd Party Enforcement.” A name and address must be provided for the person who will oversee the funding that the Pet Caretaker receives.
Step 8 – Still under Article 4 is Section D, which must be completed with the names, Social Security or Tax ID numbers, and addresses of up to four (4) Beneficiaries.
Step 9 – The next article to be filled out is Article 10, “Accounting.” Provide the number of months or years that must pass between report-requests made by a Beneficiary on the Trust’s property.
Step 10 – Scroll down to Article 13 and enter the names of the individuals who will be appointed Successor Trustee and 2nd Successor Trustee. Their mailing addresses must also be provided.
Step 11 – Under Article 13, Section I, select the type of compensation the Trustee shall be awarded; either no compensation or reasonable compensation.
Step 12 – Claims may not be made on the Trust unless the individual making the claim survives the Grantor by a certain period of time. This period of time shall be indicated under Article 15 by entering a number of days in the space provided.
Step 13 – Article 17 asks for the relationship status of the Grantor. If they are not married, select the first checkbox. If they are married, the second checkbox must be selected and the spouse’s name must be entered in the appropriate field.
Step 14 – Provide the Grantor’s children’s names in the empty space under Article 18.
Step 15 – Next, any individuals or organizations that are to be clearly excluded from the Trust should be mentioned in Article 21.
Step 16 – To grant the Grantor power to change the Trust, the Grantor, Trustee, and Successor Trustee must provide their signature, printed name, and the date under Article 22.
Step 17 – Go to page 18 and enter the State and County in which the Trust is being created. The Grantor, Trustee, Successor Trustee, 2nd Successor Trustee, and two (2) witnesses must sign and date this page. A notary public must sign and seal the bottom section of the Self-Proving Affidavit.
Step 18 – Make a list of all assets that will be included in the trust on the last page of the living trust form.
