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Georgia Living Trust Form

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REVOCABLE LIVING TRUST AGREEMENT

THIS REVOCABLE LIVING TRUST AGREEMENT, (hereinafter "Trust"), is being made on this the day of , 20 , by and between of County, State of Georgia, hereinafter referred to as the Trustor and the Trustee designated below and shall be governed and administered in accordance with the following terms and provisions:

ARTICLE I

NAME OF TRUST

1. NAME OF TRUST: This trust may be referred to as THE REVOCABLE LIVING TRUST and is created in accordance with Section 53-12-20 and Section 53-12-21 of the Georgia Code.

ARTICLE II

IDENTIFICATION

2. TRUSTOR AND BENEFICIARIES: The Trustor or Settlor of this trust is , an Individual residing at , , Georgia .

The Beneficiary of the Trust during the lifetime of the Trustor is the Trustor. Except as otherwise provided herein, upon the death of the Trustor, the Beneficiaries is/are . The Trustor has no children.

ARTICLE III

TRUSTEE APPOINTMENT

3. TRUSTEE APPOINTMENTS: The Trustor hereby appoints , the Trustor, as Trustee of this Trust. If the Trustor is unable to serve as Trustee for any reason, then the Trustor hereby appoints as Successor Trustee.

ARTICLE IV

ASSETS OF TRUST

4. ASSETS OF TRUST: All rights, title, and interest in and to all real and personal property, tangible or intangible, listed on the attached Exhibit “A”, is hereby assigned, conveyed and delivered to the Trustee for inclusion in this Trust.

5. ADDITIONS TO TRUST PROPERTY: Additional property may be conveyed to the Trust by the Trustor, or any other third party at any time.

6. RIGHTS TO TRUST ASSETS: Except as specifically provided herein, the Beneficiaries of this trust shall have no rights to any assets of the trust.

7. HOMESTEAD EXEMPTION: Grantor(s) reserves the right to use, occupy and reside upon any real property placed in this Trust as their permanent residence during their lives.

ARTICLE V

TRUSTEE POWERS AND OTHER PROVISIONS

8. POWERS: The Trustor does hereby grant to the Trustee all powers necessary to deal with any and all property of the Trust as freely as the Trustor could do individually.

9. AUTHORITY TO ACT: The approval of any court, the Trustor, or any beneficiary of any Trust created by this Trust shall not be required for any dealings with the Trustee of this Trust.

ARTICLE VI

TRUST ADMINISTRATION DURING LIFE OF TRUSTOR

10. MANAGEMENT OF TRUST PROPERTY: All property of the Trust shall be managed by the Trustee at the direction of the Trustor.

11. INCAPACITY OF TRUSTOR: During any period of incapacitation of the Trustor, as defined by this Trust Agreement, the Successor Trustee may apply or expend all or a part of the income and principal of this Trust for the health and maintenance of the Trustor.

12. RESERVATION OF RIGHTS: Except during periods of incapacitation as defined by this Trust Agreement, upon delivery to the Trustee of a written instrument, signed and acknowledged by the Trustor, the Trustor does hereby reserve during his or her lifetime the following rights:

(A) To revoke this Trust Agreement in its entirety

(B) To alter or amend this instrument in any and every particular at any time and from time to time

(C) To change the identity or number of the Trustee and/or Successor Trustee

(D) To withdraw from the operation of this Trust any or all of the Trust property

ARTICLE VII

DISTRIBUTIONS DURING LIFETIME OF TRUSTORS

13. GENERAL DISTRIBUTIONS: The following options are available to the Trustee regarding the distribution of principal or income to or for a beneficiary:

(A) Payments may be made directly to the beneficiary as an allowance

(B) Payments may be made to the Guardian of the beneficiary

(C) Payments may be made to a relative of the beneficiary upon agreement to expend such income or principal solely for the benefit of the beneficiary

(D) The Trustee may expending such income or principal directly for the beneficiary

(E) The Trustee shall be mindful of the Beneficiaries health, education, support, maintenance, comfort and general welfare needs

14. RESIDENCE: A residence may be purchased or otherwise obtained by the Trustee for the benefit of an income beneficiary of any Trust for use by the beneficiary and his or her family.

15. OTHER PAYMENTS: At the request of any Trustor in writing, the Trustee shall make lump sum or periodic payments to any third party designated by such Trustor.

ARTICLE VIII

TRUST ADMINISTRATION AFTER TRUSTOR’S DEATH

16. TRUSTEE: Upon the death of the Trustor, the Successor Trustee shall continue to administer the assets of this Trust and shall distribute said assets as provided herein.

17. BENEFITS PAYABLE TO TRUST: Upon the death of the Trustor, the Trustee is hereby authorized to take any and every action necessary to collect any and all benefits payable to the Trust.

18. LIABILITIES OF TRUSTOR’S ESTATE: Prior to the distribution of any assets of this Trust, the Trustee may, at his or her sole and absolute discretion, pay to the Trustor’s estate any or all of the Trustor’s just debts, funeral expenses, and administration expenses.

19. TAXES: Upon the death of the Trustor, all estate and inheritance taxes that become due and payable upon all of the property comprising the Trustor’s gross estate shall be paid by the Trustee.

20. ADDITIONAL DISTRIBUTIONS: The Trustee is hereby authorized to pay to the Probate Estate of the deceased Trustor as much of the income and principal of this Trust as the Trustee deems necessary.

21. GIFTS: The Trustee shall, upon the death of the Trustor, make such gifts of the tangible personal property of the Trustor held or acquired by this Trust as may be directed by the Trustor’s Will or Schedule B of this Trust.

ARTICLE IX

TRUSTOR’S DEATH

22. DISTRIBUTIONS: Upon the death of the Trustor, the following distributions shall be made from the property of this Trust after payment of the Trustor’s just debts and expenses:

(a) DISTRIBUTION UPON DEATH OF TRUSTOR: All trust property shall be distributed to .

(b) SPRINKLING TRUST: The Trustee shall hold, administer, and distribute the assets of the Sprinkling Trust as follows:

i) For any named beneficiaries who are minors on the date of death, the trustee shall hold their trust estate in a separate trust

ii) Upon the beneficiary reaching 21 years of age, the trustee shall distribute outright all remaining income and principal

iii) If any beneficiary dies before age 21, the share will be distributed according to issue/survivorship provisions

23. DEATH OF BENEFICIARY: Should a named beneficiary die before a complete distribution of this Trust is made, the beneficiary’s share shall go to the surviving Beneficiaries or living issue as provided herein.

ARTICLE X

TRUSTEE PROVISIONS

24. THIRD PARTIES: Any person dealing in good faith with the Trustee shall deal only with the Trustee and shall presume the Trustee has full power and authority to act on behalf of the Trust.

25. COMPENSATION: Any beneficiary of this Trust serving as Trustee shall do so without compensation except reimbursement for reasonable expenses.

26. BOND AND QUALIFICATIONS: Bond shall not be required of the Trustee or any Successor Trustee.

27. SUCCESSOR TRUSTEE(S): No Successor Trustee shall be responsible for acts of any prior Trustee.

28. REMOVAL OF SUCCESSOR TRUSTEES: A Successor Trustee may be removed by the last individual to serve as Trustee under the conditions stated herein.

29. DELEGATION OF POWERS: Any management function may be delegated by any Trustee to any Successor Trustee under agreed conditions.

30. LIMITED AMENDMENT POWER: The Trustee shall enjoy a limited power to amend management functions of this Trust under the conditions stated herein.

31. RESIGNATION OF TRUSTEE: Any Trustee may resign by writing filed among the trust papers effective upon discharge.

32. NONLIABILITY FOR ACTION OR INACTION BASED ON LACK OF KNOWLEDGE OF EVENTS: A trustee who has exercised reasonable care is not liable for lack of knowledge of events affecting the trust.

33. TRUSTEE AS BENEFICIARY: A trustee who is also a beneficiary may exercise certain discretionary powers as provided herein.

34. WAIVER OF ACCOUNTING AND NOTICE: Neither this trust nor any Trustee shall be required to provide an accounting or notice of trust creation to any Beneficiary.

ARTICLE XI

TRUST ADMINISTRATION

35. ALLOCATION TO PRINCIPAL AND INCOME – SEPARATE TRUSTS: All expenses and all receipts of money or property paid or delivered to the Trustee may be allocated to principal or income in the sole discretion of the Trustee.

36. ALIENATION: Excepting the Trustor, no income or principal beneficiary shall have any right or power to anticipate, pledge, assign, sell, transfer, alienate or encumber his or her interest in the Trust.

37. TERMINATION OF TRUST: Should the aggregate principal of any Trust be valued at Twenty Thousand Dollars ($20,000) or less, the Trustee may terminate such Trust.

38. ELECTIONS: The Trustee and the Personal Representative may exercise discretionary powers without incurring liability subject to fiduciary duty.

39. BENEFICIARY DESIGNATION: Upon written designation by the Trustor of a beneficiary for a qualified plan or IRA benefits made payable to this Trust, the Trustee shall distribute the right to receive such benefits to the designated beneficiary.

40. CERTIFICATE OF TRUST: The Trustee is hereby authorized and granted all powers necessary to execute a Certificate of Trust.

41. REGISTRATION OF TRUST ASSETS: Assets of this Trust during the Trustor’s lifetime shall be registered as follows: , Trustee, or his or her successors in trust, under THE REVOCABLE TRUST, dated the day of , 20 , and any amendments thereto.

42. TAX IDENTIFICATION: This Trust shall be identified during the Trustor’s lifetime by the Trustor's Social Security Number .

43. SPENDTHRIFT CLAUSE: The interest of any Beneficiary of this Trust in the income and principal shall not be subject to claims of creditors.

44. PERPETUITIES CLAUSE: All Trusts created by this instrument and interests therein shall vest in their then beneficiary twenty-one years after the death of the last of the issue of the Trustor.

ARTICLE XII

TERMS AND DEFINITIONS

The terms below, as used throughout this Trust Agreement, shall have the following meaning

45. INCAPACITATED: If a Trustee or beneficiary is under a legal disability or is unable to properly manage affairs, he or she shall be deemed incapacitated.

46. REHABILITATION: A Trustee or beneficiary shall be deemed rehabilitated when able to properly manage his or her own affairs.

47. GUARDIANSHIP: During any period of incapacity or incompetence, the Trustor does hereby nominate as Guardian of the Trustor’s property the same person(s) in name and order of succession who serve as Trustee as provided herein.

48. SURVIVORSHIP: This Agreement shall be binding upon the heirs, personal representatives, successors and assigns of the parties hereto.

49. APPLICABLE LAW: This Agreement shall in all respects be construed and regulated according to the laws of the State of Georgia.

50. TRUSTEE AND TRUST: The term “Trustee" refers to the single, multiple and Successor Trustee, who at any time may be appointed and acting in a fiduciary capacity under the terms of this agreement.

51. GENDER - SINGULAR AND PLURAL: Words of one gender or number include the others where appropriate.

52. IRC: The term "IRC" refers to the Internal Revenue Code and its valid regulations.

53. SERVE OR CONTINUE TO SERVE: A person cannot "serve or continue to serve" if incapacitated, deceased, resigned, or removed.

54. ISSUE: The term "issue" includes adopted descendants and lineal descendants, both natural and legally adopted indefinitely.

55. NOTICE: No person shall have notice of any event or document until receipt of written notice.

56. MERGER: The doctrine of merger shall not apply to any interests under any Trust.

57. REPRESENTATION: In any Trust matter a beneficiary whose interest is subject to a condition shall represent the interests in the Trust of those who would take in default of said condition.

IN WITNESS WHEREOF, on this the day of , 20 , Trustor and Trustee have signed this Instrument.

TRUSTOR

TRUSTOR

TRUSTEE

Signed, sealed, and delivered in the presence of:

(Seal)

(Seal)

(Seal)

(Seal)

(Seal)

(Seal)

Signed, sealed, and delivered in the presence of:

(Seal)

(Seal)

(Seal)

(Seal)

Seal

(Seal)

Schedule A

THE REVOCABLE LIVING TRUST

The sum of One Hundred Dollars ($100.00) in cash.

TOGETHER WITH:

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What the Georgia Living Trust Form Is and When It’s Used

The Georgia Living Trust Form is a legal instrument used to create a revocable inter vivos trust that holds and manages a settlor’s assets during life and provides for distribution on incapacity or death. A properly executed living trust names the settlor, successor trustees, beneficiaries, and specifies trustee powers, distribution terms, and procedures for amendment or revocation. Unlike a will, a funded living trust can reduce or avoid probate for assets titled in the trust, but assets must be retitled or formal assignment must occur to achieve that effect.

Why a Georgia Living Trust Form Matters for Estate Planning

A living trust clarifies management during incapacity, enables private transfer of titled assets, and sets successor trustee authority. It complements rather than replaces wills and powers of attorney and is governed by state trust law; electronic signing can be valid under ESIGN and state UETA statutes where allowed.

Why a Georgia Living Trust Form Matters for Estate Planning

Who Typically Prepares and Uses a Georgia Living Trust

The Georgia Living Trust Form is commonly prepared by professionals and used by individual settlors and their advisers.

  • Individual settlors and families managing intergenerational asset transfer and incapacity planning.
  • Estate planning attorneys drafting tailored trust provisions and ensuring state-law compliance.
  • Financial institutions and title companies accepting trust funding paperwork and recording deeds.

Coordination among the settlor, attorney, trustees, and financial institutions ensures the trust is funded and effective.

Primary Roles Involved with a Georgia Living Trust Form

Settlor / Grantor

The individual who creates the trust and transfers assets into it. The settlor must provide accurate legal name, identify assets for funding, and sign the trust document; mismatched names or incomplete funding steps can invalidate the trust’s intended probate-avoidance effect.

Trustee / Successor

A trustee holds legal title to trust assets and follows the trust’s terms. Successor trustees accept duty upon incapacity or death; they must be able to locate trust assets, contact beneficiaries, and follow distribution instructions while maintaining fiduciary records and accountings.

Core Sections Found in a Professional Georgia Living Trust Form

A standard living trust form contains defined sections that establish the trust’s identity, administration rules, and disposition plan; attorneys commonly customize each for family and tax needs.

Trust Declaration

Names the trust, the settlor, and the trustee; establishes the trust as revocable or irrevocable and states the trust’s principal purpose and effective date.

Trustee Powers

Specifies the scope of trustee authority, including investment, distribution, tax elections, and the power to buy, sell, or encumber trust property.

Beneficiary Provisions

Identifies primary and contingent beneficiaries, conditions for distributions, age or milestone triggers, and procedures for beneficiary substitution or disclaimers.

Successor Trustees

Names who will serve if the initial trustee is unwilling or incapacitated and outlines appointment, resignation, and removal procedures.

Funding Schedule

Lists assets the settlor intends to transfer into the trust and instructions for retitling accounts or recording deeds to ensure the trust controls those assets.

Revocation and Amendment

Describes how the settlor may revoke or amend the trust, including any required notices, signatures, and whether a notary or witnesses are required.

Essential Information Fields Required on the Form

Trust Name: Legal trust title
Settlor Name: Full legal name
Trustee Name(s): Primary and successor trustees
Trust Date: Execution date
Beneficiary List: Primary and contingent beneficiaries
Asset Schedule: Summary of initial funded assets

Step-by-Step: Filling Out and Executing a Georgia Living Trust Form

Follow these core steps to prepare, sign, fund, and preserve the living trust so it functions as intended during life and after death.

  • 01
    Prepare Document: Draft trust terms with attorney or use a vetted form.
  • 02
    Identify Assets: List and document accounts and real property to fund the trust.
  • 03
    Sign and Notarize: Sign in presence of required witnesses/notary where state law requires.
  • 04
    Fund Trust: Retitle accounts and record deeds to place assets into the trust.

How to Amend, Update, or Revoke a Georgia Living Trust

Amendments and revocations require clear procedures; follow the trust’s amendment clause and state formalities to avoid disputes.

01

Review Amendment Clause:

Check whether a written amendment, signed, and possibly notarized is required.
02

Draft Amendment:

Specify exact language and affected provisions for clarity.
03

Execute Amendment:

Have the settlor sign in compliance with formalities stated in the trust.
04

Notify Trustees:

Provide copies to current trustees and successor trustees as needed.
05

Retitle Assets:

Transfer or reassign assets when amendment changes funding.
06

Record Keeping:

Attach amendment to original trust and retain originals securely.

Customizing an Online Completion Workflow for the Georgia Living Trust Form

When using a document platform, configure fields, signer order, and authentication to reflect legal formalities and the trust’s amendment rules.

Workflow Field Recommended configuration
Signer Order Settlor first, trustee second, witness/notary last
Authentication Email + SMS code for identity confirmation
Conditional Fields Show notary line only when state requires
Document Retention Enable downloadable certificate and audit trail

Where to Send or File the Georgia Living Trust Form and Related Documents

A living trust itself typically is not filed with a central state registry; associated actions commonly involve different recipients depending on the asset type.

  • Original Document: Keep original with settlor or trustee in a secure location.
  • Bank and Brokerage Accounts: Send retitling instructions and trust documents to financial institutions.
  • Real Property Deeds: Record deed transfers at the county recorder where the property is located.
  • Successor Trustee: Provide copies to successor trustee to enable administration when needed.

Digital Signing and eSubmission: Technical Considerations

Electronic completion can streamline execution if platform features meet legal and security requirements.

  • Document formats: Supports PDF and Word DOCX for consistent records
  • Integrations: Connects to systems like signNow, Microsoft 365, NetSuite, and Box
  • Authentication: Options include email, SMS code, and advanced signer verification

Ensure chosen platform provides tamper-evident signed PDFs, an audit trail, and options for notarization or remote notarization where lawful.

Key Timing Expectations When Executing and Funding a Trust

Timing matters for funding and tax reporting. Some steps are immediate; others create ongoing annual obligations if the trust earns income.

Execution Date:

Trust takes effect when settlor signs and executes per trust terms

Funding Period:

Fund trusts as soon as possible after execution to avoid probate

Deed Recording:

Record real estate deeds with county recorder promptly after transfer

Income Tax Filings:

If required, Form 1041 is filed annually; trustee should consult tax advisor

Trust Accounting:

Provide accountings to beneficiaries as required by trust or state law

Notarization and Witness Steps for Valid Execution

Follow state-specific execution rules: some jurisdictions require witnesses, others require a notary acknowledgment or permit remote online notarization.

01

Identity Verification

Signer presents government ID or completes approved remote identity proofing

02

In-Person Signing

Signers execute the document in the presence of required witnesses

03

Notary Acknowledgment

Notary confirms signature and signs notarization certificate

04

Witness Signatures

Witnesses sign where state law requires their presence

05

Notary Journal Entry

Notary records the event per state notary rules

06

Remote Notarization

If permitted, RON includes audio-video recording and identity proofing

07

Recording Deeds

Recorded deeds may require notarized acknowledgements

08

Retain Originals

Keep notarized originals in a secure location for safekeeping

Common Mistakes to Avoid When Preparing a Georgia Living Trust

  • Using nicknames or inconsistent legal names across documents, which can block banks or title companies from accepting retitling requests.
  • Failing to fund the trust promptly after signing, leaving assets subject to probate despite the trust’s existence.
  • Omitting successor trustee details or contact information, which delays administration when incapacity or death occurs.
  • Assuming the trust replaces beneficiary designations; retirement and transfer-on-death accounts often require separate beneficiary updates.

Potential Legal and Financial Risks from an Incorrect Trust Form

Probate Exposure: Unfunded assets may still pass through probate
Tax Consequences: Improper funding can affect estate or income tax treatment
Invalid Provisions: Noncompliant formalities can render clauses unenforceable
Creditor Claims: Incorrect transfers may expose assets to creditors
Clawback Risk: Improper distributions can create restitution obligations
Incapacity Gaps: Missing trustee powers can leave management void during incapacity

Practical Examples: How Organizations Use Online Signing for Trust Documents

These real-world examples show how digital workflows and secure signing support trust execution and related transactions.

Tim Martin — Martin Properties

Tim Martin used online notarization and eSignature to complete trust-funded deed transfers remotely.

  • Outcome: accelerated closings on multiple properties.
  • The process preserved compliance and reduced delays from coordinating in-person signings across parties and counties.

John Butler — Fertility Centers of Illinois

John Butler’s organization streamlined consent and trust-related forms through secure signed PDFs and audit trails.

  • Outcome: consistent recordkeeping for patient-related trust matters.
  • The approach improved traceability while keeping sensitive records under strict access controls and retention policies.

Comparison: signNow and Peer eSignature Vendors for Trust Documents

Price and capability comparisons help planners choose a platform that supports notarization, audit trails, HIPAA compliance where needed, and bulk or site-license options.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial Yes, 7-day trial Varies by vendor Varies by vendor Varies by vendor Varies by vendor
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Common Questions About the Georgia Living Trust Form

Answers to frequent issues that arise when preparing, signing, funding, or revising a living trust in Georgia.


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