WHY A REVOCABLE LIVING TRUST WINS IN GEORGIA—Even If You’ve Named Beneficiaries

As your hometown attorney, I’m not just here to sign documents - I’m here to protect your legacy and make sure your wishes actually happen.

Many Georgians believe that if they’ve named beneficiaries on their financial accounts, they’ve “avoided probate.” Unfortunately, that’s only part of the picture—and for most families, it’s not enough. Georgia probate law has unique rules, especially for real estate and blended families. A revocable living trust is the tool that closes those gaps and keeps your loved ones out of court, out of the public eye, and in control.

1. Why Beneficiary Designations Alone Don’t Protect You in Georgia

Beneficiary designations are great for things like life insurance, retirement plans, or “payable-on-death” bank accounts. Those can pass outside of probate.

But here’s the catch: If you own Georgia real estate in your name alone at the time of your death, it will require probate to transfer title—regardless of who you’ve named on your other accounts. That means your home, lake cabin, or family farmland could get tied up in probate court, costing time and money, unless you’ve transferred it into a revocable living trust while you’re alive.

Thinking you can add someone to your title and avoid it all together? Think again.  There are numerous concerns with adding someone else to your title.  Visit our previous blog for an overview of those considerations: HERE

2. Georgia Real Estate Transfers Are Public and Can Be Slow

Probate in Georgia can take months—sometimes over a year—before heirs can sell, refinance, or even record ownership of property. During that time, taxes, insurance, and maintenance costs still need to be paid.

A revocable living trust keeps things moving: your successor trustee can transfer the property immediately upon your death—no court order required, with only a simple deed recorded in the county land records.  Depending on the Estate Planning Level you selected in your Informational and Planning Meeting with Your Hometown Attorney™, this service may be covered at no charge, except for recording fees, to your Trustee and/or beneficiaries.

3. Second Marriages, Stepchildren, and Georgia’s Inheritance Rules

Georgia’s intestate succession laws (the rules that apply without valid estate plan documents) can unintentionally split your estate between your spouse and children, or even distant relatives, in ways you never intended. Even with a will, the probate process makes your plan public and subject to challenge.

Georgia also allows year’s support claims, which let a surviving spouse or minor children request a portion—or all—of your estate through the probate court, even if you left them little or nothing in your will.

A properly drafted revocable living trust can:

• Protect a surviving spouse while ensuring children from a prior marriage receive their share later.

• Maintain privacy for sensitive family matters.

• Reduce the risk of year’s support claims derailing your wishes.
  

4. Why a “Simple Will” Falls Short in Georgia

In Georgia:

• A will guarantees probate. Every will must be filed with the probate court to be effective.  Yes, even wills that contain trust(s), which are known as Testamentary Trusts. 

• Probate is public. Anyone can see your assets, debts, and beneficiaries.

• Challenges are easier. Disinherited heirs can contest your will in court.

• Year’s support claims remain a risk.

A revocable living trust avoids these problems, gives you flexibility to make changes during your lifetime, and allows for seamless administration after your death.

5. Georgia Case Study: Blended Family, Homeowner, and the Probate Problem - How could all this actually play out?

The Scenario:
James, a Georgia resident, remarried after his wife passed away. He has two adult children from his first marriage and no children with his second wife, Linda. He owns a home in his name alone in Laurens County, worth $350,000, along with several investment accounts with named beneficiaries.

James’s Goal:

• Allow Linda to live in the home for her lifetime.

• Ensure the home is eventually inherited by his two children.

• Avoid giving his children access to his investment accounts until after Linda passes.
  

What Happens with a Simple Will:

• James’s will leaves the home to Linda for life, then to his kids.

• Upon James’s death, the will is filed in Laurens County probate court.

• The home can’t be transferred without probate, so the court oversees the entire process—publicly.

• Linda files a year’s support claim, which under Georgia law could entitle her to outright ownership of the home—disinheriting the children from that property.
  

What Happens with a Revocable Living Trust:

• James transfers the home into his trust during his lifetime.

• The trust names Linda as lifetime beneficiary of the home, with the children receiving it upon her death.

• Upon James’s death, no probate is needed for the home. Linda’s lifetime right is honored, and the kids’ remainder interest is protected from a year’s support claim because the home was never part of the probate estate.

Outcome:
With the trust, James’s wishes are followed to the letter, privately and without delay. With a will, his plan could have been completely undone in court.

6. These Are Just a Few Reasons to Choose a Trust Over a Will

A revocable living trust in Georgia can:

• Avoid probate entirely, including for real estate.

• Keep blended-family arrangements private and enforceable.

• Protect against year’s support claims.

• Minimize conflict and delay.

Your legacy truly is my passion. If you live in Georgia and want to make sure your property, family, and wishes are fully protected, I’d be honored to help you create a plan that works—here, now, and in the future.  Call us to set up your meeting - in person or virtually - at 706-359-3332.