What a Revocable Trust Does
A revocable trust is a legal document you create during your lifetime. You transfer ownership of your assets into the trust, including your home, business interest, and investment accounts. You remain in full control as the trustee. You can change the trust, add or remove assets, or cancel it entirely at any time.
At your death, a successor trustee steps in immediately. There is no court. There is no waiting period. The successor trustee follows the instructions in the trust and distributes or manages your assets according to your wishes.
For a business owner, this matters more than it does for anyone else. Your successor trustee can sign contracts, make payroll, negotiate sales, and keep the business running the day after you die. With a will, no one can act for your share of the business until a probate court appoints your executor.
A revocable trust does not protect your assets from creditors. Because you can cancel it anytime, the IRS and creditors treat trust assets as still belonging to you personally. If creditor protection is your goal, an irrevocable trust is the right tool. A revocable trust is for probate avoidance and business continuity, not asset protection.
A trust also has a critical requirement: funding. The trust only controls what is actually transferred into it. If you die with business assets still titled in your personal name and not in the trust, those assets go through probate. An unfunded or partially funded trust does not work as intended.
What a Will Does
A last will and testament is a document that takes effect only at your death. It names your beneficiaries, appoints an executor to manage your estate, and can nominate a guardian for minor children. A will does not control assets during your lifetime and cannot handle incapacity.
The critical limitation of a will for a business owner is probate. Every Georgia will goes through the probate court in the county where you lived. The court validates the will, appoints your executor, and oversees the distribution process. This takes about 13 months in Georgia for straightforward estates and longer for contested or complex ones.
Until the court appoints your executor, no one can act on business decisions for you. Contracts may stall. Banks may freeze accounts. Partners or employees do not know who has authority. The business often loses value, or fails entirely, while the estate sits in court. For a full breakdown of the specific legal problems a will creates for Georgia business owners, see Problems With Transferring a Georgia Business Through a Will.
A will does one thing a trust cannot do: it nominates a guardian for your minor children. If you have children under 18, a will is required for this purpose. This is the primary reason most business owners need both documents.
Revocable Trust vs. Will — Side-by-Side Comparison
|
Revocable Trust |
Last Will |
| Takes effect |
During your lifetime |
At death only |
| Requires probate |
No |
Yes |
| Cost upfront at The Hive Law |
$3,500 |
$1,800 for one person, $2,200 for a couple |
| Privacy |
Private |
Public record |
| Handles incapacity |
Yes |
No |
| Nominates guardians |
No |
Yes |
| Funding required |
Yes |
No |
| Business continuity |
Immediate |
Delayed until a court appoints an executor |
| Creditor protection |
No |
No |
What Happens to Your Georgia Business Without a Trust
Without a trust, your business interest is part of your probate estate. Your executor cannot act until the probate court formally appoints them. Even after appointment, major business decisions such as selling, refinancing, or distributing profits may require separate court approval.
For businesses with multiple owners or when heirs inherit equal shares, the situation gets worse. Under O.C.G.A. § 53-2-1, Georgia intestacy law divides your estate between your spouse and children if you die without a will. This can split business ownership among heirs who cannot agree. One heir may want to sell. Another may want to continue operating. Neither can act without the other’s consent.
Banks, vendors, and clients will not wait for a court to appoint someone. Employees may leave. Contracts may lapse. The business that took decades to build can lose most of its value while the estate waits for a court order.
For the full breakdown of what happens to business ownership at death, see what happens to a Georgia business when the owner dies.
The LLC and S-Corp Warning Georgia Business Owners Miss
A revocable trust can own an LLC membership interest in Georgia. But the transfer requires two steps. First, the membership interest must be formally assigned to the trust. Second, the operating agreement must be updated to reflect the trust as the new member. If the operating agreement is not updated, the successor trustee may lack the authority to vote, manage, or transfer the business when the time comes.
A revocable trust can also own S-Corp shares, but only if the trust qualifies under IRS rules. A standard revocable trust qualifies during your lifetime and for up to two years after your death. An irrevocable trust does not qualify unless it is specifically structured as an Electing Small Business Trust or Qualified Subchapter S Trust. If your S-Corp ownership passes to an irrevocable trust without the right election, the S-Corp status is lost and the company becomes a C-Corp, triggering immediate tax consequences.
Before transferring any business interest into a trust, confirm that the operating agreement, shareholder agreement, or partnership agreement permits the transfer. Some agreements require member or partner consent. Transferring without required consent can create liability for the estate.
For LLC-specific consequences at death, see what happens to a Georgia LLC when the owner dies.
Why You Need Both a Trust and a Will
Most Georgia business owners need both documents. The trust handles the heavy lifting: your business interest, real estate, and investment accounts all pass outside of probate. The will handles everything else.
The will in this combination is called a pour-over will. It catches any assets not transferred into the trust during your lifetime and directs them to the trust at your death. Those assets still go through probate, but they end up in the right place rather than passing to the wrong person under intestacy law.
A pour-over will also serves the one function a trust cannot: nominating a guardian for your minor children. A trust has no mechanism for guardianship. Without a will that names a guardian, the court decides who raises your children.
The right structure for most Georgia business owners is a funded revocable trust as the primary document, with a pour-over will as the safety net. Together, they cover your business, your family, and the exceptions.
What Each One Costs in Georgia
At The Hive Law, a revocable trust package is a flat $3,500. Each LLC you move into the trust adds $1,250, and each S-Corp adds $1,750.
A last will and testament at The Hive Law is $1,800 for one person or $2,200 for a couple.
The cost of probate in Georgia is harder to avoid. Georgia law does not set a price or a percentage for a probate lawyer. The State Bar’s rules only say the fee must be reasonable. The complex probate cases we’ve handled have taken about 25 months and cost $29,700. That does not count the value the business can lose while the estate is in court.
For the full breakdown of what succession planning costs for your specific business structure, see how much business succession planning costs in Georgia.
