Last Updated on October 13, 2025
The decision to set up a trust often comes at a turning point: maybe you’ve bought a new home, started a family, or want to make sure your hard work actually reaches the people you love. In Georgia, that choice usually comes down to one question: revocable vs irrevocable trust.
The difference isn’t just paperwork. It can determine whether your children avoid probate court, whether creditors can reach your assets, and how much flexibility you keep over property you’ve built over a lifetime.
At Chandler Law, we regularly see families struggle because a trust was never funded, a trustee wasn’t prepared, or the wrong type of trust was chosen for their goals.
This article gives you a clear, reliable trust comparison Georgia residents can use to understand their options and give you peace of mind.
What is a revocable trust in Georgia?
A revocable trust in Georgia is often called a “living trust.” You create it, transfer assets into it, and remain in full control. Under Georgia law, as long as you keep the power to revoke, those assets are legally considered yours (O.C.G.A. § 53-12-82). That means creditors can still reach them, but you can also change or revoke the trust anytime.
Benefits include:
- Probate avoidance: Assets pass directly to beneficiaries without a lengthy court proceeding.
- Privacy: Unlike wills, the trust’s terms are not public.
- Flexibility: You can amend as life changes, such as new marriage, children, or property.
Example: A client used a revocable trust to hold her Roswell home and investment account. When she later remarried, she simply updated the terms to include her new spouse and stepchildren.
What is an irrevocable trust in Georgia?
An irrevocable trust in Georgia works differently. Once assets are placed inside, you generally cannot change the trust without consent of the beneficiaries or a court order. Georgia law does allow modifications in limited circumstances, such as with the agreement of all qualified beneficiaries and the settlor (O.C.G.A. § 53-12-61).
Why give up control? Because you may gain:
- Creditor protection: Assets transferred are no longer legally yours.
- Tax planning: High-net-worth families sometimes use them to reduce estate taxes.
- Medicaid planning: If created and funded at least five years before applying for benefits, assets may not count against eligibility.
Example: A physician in Atlanta transferred a rental property into an irrevocable trust to insulate it from malpractice claims. He could no longer refinance or sell it, but the protection gave him peace of mind.
Trust Comparison in Georgia: Key Differences
|
Factor |
Revocable Trust |
Irrivocable Trust |
|
Control |
Full control if the power to revoke is reserved, can amend or revoke (O.C.G.A. § 53-12-40) |
Limited or no control once created |
|
Probate |
Avoids probate if assets are funded in the trust |
Avoids probate if assets are funded in the trust |
|
Creditor Exposure |
Subject to claims (O.C.G.A. 53-12-82) |
Often shielded |
|
Tax Planning |
No estate taxes benefits |
May reduce estate taxes |
|
Medicaid |
Counted as your asset |
May help if created 5+ years ahead |
When a revocable trust is usually the right fit
Most Georgia families find revocable trusts a practical choice. If you want to stay in control, keep things private, and ensure your family avoids probate delays, this trust makes sense.
Example: A client who owned a condo in Atlanta and a vacation cabin in North Carolina used a revocable trust. This avoided separate probate cases in two states and ensured his children could manage both properties without delay.
When an irrevocable trust makes sense
Irrevocable trusts are less common but powerful for the right goals. If you have significant assets, work in a high-liability profession, or want to plan for Medicaid, these trusts can make sense.
Example: A grandmother in Savannah wanted to fund her grandchildren’s education. By placing investments into an irrevocable trust, she ensured the money would be used only for tuition, and reduced her taxable estate.
How Trusts Help Georgia Families Avoid Probate Delays
Probate in Georgia often takes 9 to 18 months when the case is uncontested. Even without disputes, families still face court filings, notices to creditors, and publication requirements. For small or simple estates, legal and administrative fees may run into the low thousands. Larger or contested estates can cost much more and may take years to resolve.
Because of this uncertainty, many Georgia families choose trusts, especially revocable trusts, as part of their plan. A properly funded trust can keep property transfers private, avoid probate for covered assets, and reduce the administrative burden on loved ones.
According to the State Bar of Georgia’s Probate Handbook, many families often use trusts as practical tools to make estate transfers smoother and more efficient.
Costs, complexity, and maintenance in Georgia
Deciding between a revocable vs irrevocable trust also means thinking about what happens after the documents are signed. The difference shows up in the ongoing responsibilities and costs.
- Revocable trusts. Once created, these require routine reviews to stay up to date with life changes. You may need to update deeds, adjust beneficiaries, or amend terms with your attorney, but there are no extra tax filings or heavy administrative tasks. For most Georgia families, the cost is limited to occasional legal updates.
- Irrevocable trusts. These demand more attention. Trustees must follow strict reporting rules, prepare annual accountings, and often file separate trust tax returns. Many families hire accountants or attorneys each year to stay compliant, which adds to the long-term cost.
The key difference is that with a revocable trust which Georgia families often choose requires light upkeep, while an irrevocable trust Georgia comes with formal obligations that feel more like ongoing management.
Common mistakes families make with trusts in Georgia
Even when families decide between a revocable trust Georgia or an irrevocable trust Georgia, problems often arise in the details. A trust is only as strong as the way it is drafted and funded. Here are some of the mistakes our estate planning attorney see most often:
- Unfunded trusts. Many people sign the trust but never retitle assets into it. Without deeds, accounts, or property transferred, the trust will not actually avoid probate.
- Out-of-date beneficiaries. Life insurance, retirement accounts, or payable-on-death designations often conflict with the trust. This can lead to disputes or unintended outcomes.
- Choosing the wrong trustee. A trustee who is not prepared for financial responsibilities, or who is caught in family conflict, can create more problems than the trust was meant to solve.
- Overlooking business interests. Family businesses, LLCs, or partnerships require special treatment. Leaving them out of the trust can disrupt ownership and succession planning.
At Chandler Law, we do more than explain the difference between revocable vs irrevocable trust. We also make sure your plan is funded, updated, and structured around your assets so it works when your family needs it most. Even after your plan is done, our three-tiered Shield & Key Membership Program helps members stay up to date.
FAQs About Revocable vs Irrevocable Trust
Is a revocable trust Georgia protected from creditors?
No. A revocable trust in Georgia is not shielded from creditor claims because you retain full control over the assets. Under O.C.G.A. § 53-12-82, any property you can revoke or access is still legally considered yours.
That means if you face lawsuits, medical bills, or other debts, creditors can reach those assets just as if they were in your own name. Revocable trusts are excellent for probate avoidance and privacy, but they do not provide asset protection.
Can an irrevocable trust Georgia be changed?
An irrevocable trust in Georgia is designed to be permanent, but state law does allow limited changes. Under O.C.G.A. § 53-12-61, modifications may be possible if the settlor and all qualified beneficiaries agree, or if a court determines a change is necessary to fulfill the trust’s purpose.
These cases are rare and require legal oversight. In practice, once assets are transferred into an irrevocable trust, you should assume they are locked in place, which is why professional guidance is critical before creating one.
Does a revocable trust avoid probate in Georgia?
Yes, but only if it is properly funded. A revocable trust Georgia must hold legal title to your property, real estate deeds, bank accounts, and other assets must be retitled in the trust’s name. If you skip this step, the trust becomes an empty shell and your estate may still go through probate.
Families often pair a revocable trust with a “pour-over will” to catch any leftover assets. Done correctly, a funded trust can save your heirs months of court proceedings and thousands in probate costs while keeping the details private.
Which is better for Medicaid planning?
For Medicaid planning, an irrevocable trust in Georgia may provide advantages, but strict rules apply. Assets must be transferred into the trust at least five years before applying for benefits to avoid penalties under the Medicaid “look-back” period. Even then, the trust must be drafted carefully to meet both federal and Georgia Medicaid requirements.
According to the ACTEC Foundation, these trusts can sometimes protect assets if structured correctly, but they are not a guarantee. A revocable trust does not help because the assets are still counted as yours. Given the risks, Medicaid planning should always be handled with an attorney who understands the timing and eligibility rules.
Still unsure after this trust comparison Georgia?
Choosing between a revocable trust Georgia families often use for flexibility and an irrevocable trust Georgia designed for protection isn’t something you should leave to chance. One wrong move could mean probate delays, creditor claims, or family conflict down the line.
At Chandler Law, we take the time to understand your exact situation, a detailed overview of your assets, your risks, and your family dynamics. Our goal is to make sure that the trust you choose actually does what you expect it to. We don’t just prepare documents; we make sure they’re funded, compliant, and ready to protect what matters most.
If you’re weighing the decision of revocable vs irrevocable trust and want a clear trust comparison Georgia families can rely on, schedule a consultation with Chandler Law today.
