What do you do when someone dies with a revocable trust in Georgia?
Here’s exactly what the successor trustee must do to avoid probate and make sure the trust is handled properly.
From legal paperwork to tax filings and asset transfers, this guide gives you every step in plain language.
This is written for non-lawyers, with clear instructions you can follow right away.
If you’re acting as the trustee, use this as your roadmap from day one through the final distribution of assets.
Here is a video breakdown of the exact steps the successor trustee must take.
It explains how to manage the assets, pay off creditors, and distribute the remaining assets.
Start by confirming you’re the named successor trustee.
You’ll find this in the trust document itself.
If there’s a Certification of Trust, keep that with you.
It helps prove your authority to banks and others.
Next, gather the original trust and any amendments.
These documents tell you exactly who gets what and how everything should be handled.
Order 5–10 certified copies of the death certificate from the Georgia Department of Public Health.
You’ll need them to deal with banks, insurance companies, and government agencies.
Create a system to stay organized.
That might be a physical binder, a digital folder, or both.
Keep everything: trust documents, bills, account info, death certificates, receipts, and notes.
Now that you’re in charge, secure anything the trust owns.
If the house is empty, change the locks and forward the mail.
Don’t cancel homeowners’ insurance or let it lapse—keep coverage in place until the house is transferred or sold.
Make a list of all trust assets.
These are usually titled in the name of the trust and can include:
Use past bank statements, tax returns, and the trust document to help you.
If you find assets that aren’t in the trust, check if they:
If they don’t, those assets may need to go through probate.
Apply for a new EIN (Employer Identification Number) for the trust through the IRS website.
This is like a Social Security number for the trust and allows you to file taxes and open accounts.
Once you have the EIN, open a trust checking account.
Deposit incoming funds like life insurance proceeds or refunds into it.
Then pay expenses like utility bills or funeral costs from it.
Never use your personal account to handle trust money.
Notify all relevant parties.
That includes banks, mortgage lenders, Social Security, Medicare, credit card companies, and service providers.
Cancel any services no longer needed.
In Georgia, you need to publish a Notice to Creditors.
If you publish it in a local newspaper, creditors generally have three months to file claims.
This helps protect the trust from future surprises.
Your next job is to settle what the trust owes.
This includes paying final medical bills, funeral costs, mortgage payments, and credit cards.
Only pay verified debts and keep proof of every transaction.
You’ll need to file the final income tax return (Form 1040) for the deceased.
If the trust earns income (like from rent or interest), file Form 1041 for the trust.
Good news: most people won’t owe estate taxes.
Check the federal estate taxes to see if your estate is worth more than this.
Georgia doesn’t have a state estate tax.
Keep excellent records.
Track every expense, every payment, and every deposit.
This makes your final accounting easier—and protects you if anyone asks questions later.
Once debts and taxes are handled, you can give the beneficiaries what the trust says they should receive.
Some distributions are immediate.
Others might depend on age, education, or other conditions.
Before you distribute anything, prepare a final accounting.
This document shows all the money that came into the trust, all the bills that were paid, and what’s left.
Share this with the beneficiaries before distributing their share.
Then begin making distributions.
You may need to sign over deeds, transfer investment accounts, or mail out checks.
Have each beneficiary sign a Receipt and Release form to confirm they received their share and that they release you from further duties.
After you’ve finished distributing all the assets and filing all necessary taxes, you can close the trust.
Close the trust bank account and store all records safely.
Keep everything for at least three to five years in case any issues come up.
At this point, your role as trustee is complete.
You’ve handled the legal duties, honored the grantor’s wishes, and ensured a smooth transition without going through probate.
If you’re a successor trustee and need help avoiding delays or costly mistakes, fill out the form below to speak with a Georgia estate planning attorney.
One quick consultation can save you hours of stress and protect you from legal risk.
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