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When you create a living trust in Georgia, you place yourself completely in control of your assets during your life and after your death. While you are alive, you manage and control everything in the trust and you are also able to control your assets after your death.

You can set up a trust yourself, but it probably makes sense to get the help of a lawyer. The state of Georgia has not adopted the Uniform Probate Code, so even smaller estates may benefit from a living trust.

Georgia has not adopted the Uniform Probate Code. This code, used in some states, can make the probate process simpler. Since it's not place in Georgia, a living trust can be especially useful in the Peach State. There are other upsides to getting a living trust, too.

To make a living trust in Georgia, you: Choose whether to make an individual or shared trust. Decide what property to include in the trust. Choose a successor trustee. Decide who will be the trust's beneficiaries?that is, who will get the trust property. Create the trust document.

An express trust in Georgia must be evidenced by a writing signed by the settlor or someone acting under power of attorney with the settlor's express consent. The settlor of a Georgia trust must have legal capacity to create the trust. For living trusts, that means having capacity to transfer title to property.

A: Trusts should be witnessed and notarized, not necessarily to be effective, but to insure the trust's ability to transact business moving forward. If the trust is going to transfer land, then it needs to be notarized. The presence of a witness further ratifies the validity of the trust.