How To Transfer Property Into A Living Trust In Georgia

How To Transfer Property Into A Living Trust In Georgia

Wondering how to transfer property into a living trust in Georgia? 

In this article, you’ll learn about: 

  • the steps to transfer the property into the living trust
  • how to avoid triggering the due-on-sale clause
  • what to do about your insurance
  • if creditors can still access your assets

Let’s dig in. 

Table of Contents

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How To Transfer Property Into A Living Trust In Georgia

Here are the steps for how to transfer property into a living trust in Georgia:

  1. Create A Living Trust In Georgia
  2. Identify The Property
  3. Gather Necessary Documentation
  4. Review The Title Documents
  5. Prepare Transfer Documents
  6. Execute the Transfer Documents
  7. Record or File the Documents
  8. Update Property Records

Create A Living Trust In Georgia

First, you’ll need to create a living trust. 

This is a legal entity that holds property and assets for the named beneficiaries. 

The trust agreement should outline the:

  • terms of the trust
  • name the trustee(s)
  • designate the beneficiaries

Our trust attorneys can help you draft a trust agreement.

We can tailor it to your specific needs and requirements.

Read More: Tax Implications Of Transferring Property Into A Trust

Identify The Property

Determine which property you wish to transfer into the trust. 

This could include:

  • real estate
  • bank accounts
  • investments
  • personal property

An example is John Smith identifies the following assets to transfer into his living trust:

  • his primary residence in Atlanta, Georgia
  • rental properties in Savannah, Georgia
  • bank accounts
  • investment accounts 
  • a collection of valuable antique furniture

Read More: Does Your House Have To Be Paid Off To Put It In A Trust

Gather Necessary Documentation

For each property or asset, gather the relevant documentation, such as:

  • the title documents
  • deeds
  • account statements
  • certificates of ownership

Review The Title Documents

Review the title documents of the property to be transferred into the trust. 

This is crucial to ensure that there are no liens or other encumbrances on the property.

These are issues that could impact transferring property into a trust in Georgia.

Prepare Transfer Documents

To transfer real property into the trust, you will need to prepare a new deed.

This is typically a quitclaim deed or warranty deed. 

The deed should name the trustee of the living trust as the new owner. 

For example, let’s say you are transferring a house into a trust in Georgia.

The new deed would state: 

“John Doe, as Trustee of the John Doe Revocable Living Trust, dated [date].”

Here is a list of the documents you should prepare for transferring the property. 

  • Real Estate: Prepare a new deed (typically a quitclaim or warranty deed) that names the trustee of the trust as the new owner. 
  • Bank Accounts and Investments: Contact the financial institution to obtain the necessary forms and instructions to transfer the ownership to the trust.
  • Personal Property: Draft an assignment of personal property that lists and transfers the ownership of the items to the trust.

Execute The Transfer Documents

Sign the transfer documents in accordance with the requirements of your jurisdiction. 

For real estate, this may involve having the deed notarized.

For transferring property into a living trust in Georgia, this includes:

  • having two people witness the signing
  • having someone notarize the documents

Our estate planning attorneys will handle this for you.

Read More: How Long Do You Have To Transfer Property After Death?

Record Or File The Documents

You will need to record or file the transfer documents. 

  • Real Estate: Record the deed with the county recorder’s office, register of deeds, or similar office in the county where the property is located. There may be recording fees associated with this process.
  • Bank Accounts and Investments: Submit the completed transfer forms to the financial institution.
  • Personal Property: Keep the assignment of personal property with your other important trust documents.

Update Property Records

Notify relevant parties about the transfer of property into the trust, such as:

  • mortgage lenders
  • insurance companies
  • tax authorities

What To Look Out For When Transferring A Property Into A Living Trust In Georgia

Here are things to be aware of when transferring a property into a living trust in Georgia

Due On Sale Clauses

A due-on-sale clause is a provision in a mortgage agreement. 

It says the borrower to pay off the mortgage in full upon the transfer of property ownership. 

This clause protects the lenders. 

It’s avoiding the risk of the new owner not undergoing the credit approval process. 

When you transfer property into a living trust, you are changing ownership. 

So it triggers the due-on-sale clause.

But, it does not always trigger the clause. 

The clause is more of a fail-safe for the lenders. 

Many lenders will waive the due-on-sale clause for moving property into a trust. 

To avoid triggering a due-on-sale clause when transferring property into a trust:

  1. Review your mortgage agreement: Carefully review your mortgage agreement to determine if it includes a due-on-sale clause and whether transferring property into a trust would trigger it.
  2. Consult with your lender: Contact your lender to discuss the implications of transferring your property into a trust. In some cases, the lender may be willing to waive the enforcement of the due-on-sale clause. Or they will provide a written agreement that the transfer will not trigger the clause. Be sure to obtain any such agreement in writing.
  3. Get legal advice: Our attorneys experienced in trusts and real estate can help you navigate the due-on-sale clause. And we can provide guidance on transferring your property into a trust without triggering the clause.
  4. Consider a trust that maintains the borrower’s control: Transferring property into a revocable living trust, where the borrower remains the trustee and beneficiary during their lifetime, is less likely to trigger a due-on-sale clause. This is because the borrower retains control over the property, and the transfer is typically made for estate planning purposes rather than to transfer the property to a new, unrelated owner.
  • Comply with the Garn-St. Germain Depository Institutions Act of 1982: This federal law provides specific exemptions to the enforcement of due-on-sale clauses in certain situations, including when a property is transferred into a trust where the borrower remains a beneficiary. Be sure to structure the trust and transfer the property in a manner that complies with the provisions of this law.


You must update your property insurance policy to reflect the new ownership. 

Failure to do so could result in:

  • the loss of coverage 
  • difficulties when making a claim


Transferring property into a living trust does not typically affect your property tax obligations.

This is because the trust is a revocable and “pass-through” entity for tax purposes.

You should consult with a tax professional.

This is to ensure that the transfer will not have unintended tax consequences.

Creditor Claims

Moving property into a trust can impact:

  • how creditors may attempt to collect on debts 
  • claims related to the property

There are two types of trusts that affect this:

  1. Revocable Living Trusts: When property is transferred into a revocable living trust, the person who establishes the trust (the grantor) usually remains in control of the trust and its assets during their lifetime. In this case, the trust is considered a “pass-through” entity for tax purposes and is not treated as a separate legal entity. As a result, transferring property into a revocable living trust typically does not provide significant protection against creditor claims, as the grantor retains control over the assets.
  2. Irrevocable Trusts: Unlike a revocable living trust, an irrevocable trust is considered a separate legal entity. Once assets are transferred into an irrevocable trust, the grantor gives up control over those assets, and they become the property of the trust. As a result, irrevocable trusts generally provide greater protection against creditor claims than revocable trusts.

Creditors might still try to get the assets in a revocable living trust.

They will use this to pay off the grantor’s debts. 

The assets in the trust could also be affected by claims against the grantor from:

For irrevocable trusts, creditors might still access the assets in some situations. 

This can happen if the:

FAQs About How To Transfer Property Into A Living Trust In Georgia

Here are questions we normally get from clients on this topic. 

How Do I Put My House In A Trust In Georgia?

To put your house in a trust in Georgia, follow these steps:

  1. Create a trust: Consult with an attorney to establish a trust agreement, naming the trustee(s) and beneficiaries.
  2. Prepare a new deed: Draft a quitclaim or warranty deed, transferring the property to the trustee.
  3. Sign the deed: Sign the new deed in the presence of a notary public, who will notarize the document.
  4. Record the deed: File the deed with the county recorder’s office or register of deeds in the county where the property is located.
  5. Update insurance and taxes: Notify your insurance company and tax authorities about the transfer to ensure proper coverage and tax records.

What Are The Disadvantages Of Putting Your House In A Trust?

The disadvantages of putting your house in a trust include:

  1. Initial setup costs: Creating a trust involves legal fees for drafting the trust agreement and other necessary documents, which can be expensive.
  2. Ongoing management: A trust requires ongoing administration, such as filing tax returns, managing trust assets, and record-keeping, which may demand time and resources.
  3. Loss of control: In an irrevocable trust, you give up control over the house, as the trust becomes the legal owner. This may limit your ability to sell or refinance the property.
  4. Mortgage complications: Transferring a house with a mortgage into a trust can potentially trigger the due-on-sale clause, requiring you to pay off the mortgage immediately.
  5. Limited asset protection: A revocable living trust offers little protection against creditors, as the grantor retains control over the assets.
  6. Complex estate planning: Trusts can complicate estate planning, as they must be coordinated with other estate planning tools, such as wills and beneficiary designations.

How Much Does A Living Trust Cost In Georgia?

The cost of a living trust in Georgia can vary depending on:

  • the complexity of the trust
  • assets involved

On average, the cost of a living trust in Georgia ranges from $1,000 to $3,000.

Does A Living Trust Avoid Probate In Georgia?

Yes, a living trust can help avoid probate in Georgia. 

By transferring assets into a revocable living trust, property ownership shifts from the individual to the trust. 

The assets in the trust can be distributed directly to the beneficiaries.

And there is no need for probate court proceedings. 

This process is generally:

  • faster
  • more private
  • less expensive

Get Your Property Transferred Into A Trust

If you need a property put into a trust, fill out the form on this page.

Our estate planning attorneys have the experience you need to avoid probate.

This way, you don’t:

  • tie up your property in probate
  • have to pay taxes on the transfer of your property
  • lose your property to creditors or lawsuits

We can provide you with that.

Talk soon.

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