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Probate is one of the most misunderstood and dreaded parts of estate planning. In Georgia, even simple estates can take months to move through the probate courts, delaying access to assets and creating unnecessary stress for families already dealing with loss. But it doesn’t have to be this way.
For many families, the best way to avoid probate altogether is by using a revocable living trust.
What Is a Revocable Living Trust?
A revocable trust is a legal document that allows you to transfer ownership of your assets into a trust while you’re alive. You remain in control of those assets as the trustee and can change the terms of the trust at any time. When you pass away, a successor trustee steps in and distributes the trust property according to your wishes — no probate required.
Unlike a will, which must be validated and administered through Georgia probate courts, a properly funded revocable trust avoids that process completely.
Why Georgia Families Choose Trusts to Avoid Probate
1. Immediate Access to Assets
Your family won’t have to wait months for court approval before accessing money in your accounts or transferring your home.
2. Privacy
Probate proceedings are public. A trust keeps your estate matters confidential.
3. Control and Flexibility
You can set conditions on distributions (e.g., age restrictions, staggered payments) that a simple will cannot.
4. Reduced Costs
While there is an upfront cost to setting up a trust, it can save your estate and heirs thousands in court fees and legal costs.
5. Continuity in Case of Incapacity
A revocable trust doesn’t just help after death. It allows a successor trustee to manage your affairs if you become incapacitated, without court intervention.
Is a Revocable Trust Right for You?
Not everyone needs a trust, but many families benefit from having one. If you own real estate, have minor children, or simply want to streamline your estate administration, a revocable trust may be the right solution.
It’s also ideal if you:
- Own property in more than one state (to avoid multiple probates)
- Want to protect loved ones from delays or disputes
- Are concerned about privacy or efficiency
How to Get Started
Creating a trust is not a DIY project. It requires careful planning, accurate legal drafting, and proper funding (i.e., retitling your assets in the name of the trust). At Hurban Law, LLC, we help Georgia families build personalized estate plans that minimize risk and stress.
Ready to protect your family from probate headaches?
Contact us today to explore whether a revocable trust is the right fit for your estate.
