How Much Does Business Succession Planning Cost in Georgia?

Why Georgia Business Succession Planning Has Two Different Price Points

Most Georgia business owners think of succession planning as one thing: putting someone in charge of the business when you die. That is half of it. The full picture involves two legally separate problems. Problem 1, Operations: Who has the legal authority to run the business, sign contracts, make payroll, and manage accounts when you die? This is solved by an operating agreement with succession provisions that names a specific successor manager. Without it, a business with one owner has no one with legal authority to run it from the day you die until a probate court appoints someone. Problem 2, Ownership: Does your LLC membership interest pass to your family through Georgia probate court? Your membership interest is an asset in your estate. Unless it is held inside a revocable trust, it goes through probate, regardless of whether the operations problem is solved. This means even if your successor manager is keeping the business running, the ownership sits in the estate while probate runs. Your family does not own it until the executor hands it over to them. These two problems are independent. You can name a successor manager and still have your ownership go through probate. You can have a trust that holds the LLC interest and still have a business that has no named operational successor. A complete plan solves both. An incomplete plan leaves one gap open.

What Happens to Operations When a Georgia Business Owner Dies Without a Succession Plan

When a Georgia LLC’s operating agreement says nothing about death, Georgia’s default rules decide who can act. Under O.C.G.A. § 14-11-506, the answer depends on whether the LLC has other owners. If it does, the other owners keep running the business, and your executor gets only your share of the profits, with no vote. If you were the only owner, your executor becomes a member of the LLC unless they turn it down in writing within 90 days. Either way, no one can act for your share until a probate court appoints an executor or administrator. If you are the only owner and no successor manager is named, the time before the court appoints someone looks like this:

• No one can sign checks. The owner’s authority to sign on business bank accounts dies with them. Without a named successor manager, no one has legal authority to access those accounts until a court acts.
• No one can make payroll. Employees still expect to be paid. Without access to business accounts and without signing authority, payroll cannot execute. Employees start leaving.
• No one can sign contracts. Vendors, clients, and landlords have contracts with the business. The business cannot renew, execute, or enforce them without someone with legal management authority.
• No one can make business decisions. Hiring, firing, purchasing, and daily operations all require someone with authority. Until the court appoints an executor or administrator, that person does not exist legally.

A properly drafted operating agreement with succession provisions eliminates this gap entirely. It names a specific person, grants them management authority from the moment of your death, and does not require court involvement.

What the Operations Solution Costs

Solving the operations problem requires an operating agreement amendment with succession provisions. The amendment adds:

• Successor manager designation: the specific person who takes over management authority on the day you die, with no court involvement required
• Continuation clause: confirms the LLC continues to exist and operate after the member’s death rather than dissolving
• Death and incapacity provisions, addresses both scenarios so the business is not exposed during a disability that precedes death
• Trustee authority language, if a revocable trust will hold the LLC interest, the operating agreement must explicitly grant the trustee management authority; without this language, the trustee holds an economic interest they cannot act on

A targeted operating agreement amendment at The Hive Law costs a flat $1,500. If you have a business partner, a buy-sell agreement is also required. Without one, your partner may find themselves in business with your estate, your spouse, or your children, with no legal mechanism to buy out the inherited interest or force any resolution. A funded buy-sell agreement determines the purchase price, the payment structure, and the funding mechanism (typically life insurance) before either owner dies. At The Hive Law, a buy-sell agreement costs a flat $2,000 as a standalone document. The operations solution does not keep your LLC ownership out of probate. It keeps your business running. Those are different outcomes.

What Happens to Ownership When a Georgia Business Owner Dies Without a Trust

Your LLC membership interest is an asset in your estate. When you die, that asset must pass to your heirs. If it is not held inside a revocable trust, it passes through Georgia probate court. For your family, probate means three things:

• Cost: About $29,700 for an estate with a business, in the cases we’ve handled. A business interest also needs a formal valuation, and the valuator’s fees are separate from the probate attorney’s fees.
• Timeline: About 25 months for an estate with a business, in the cases we’ve handled. Your family cannot sell or transfer the ownership interest themselves until it has been put into their names.
• Control: During probate, the executor holds the ownership interest, not your family. The executor can sell it, but unless the will gives that power, the executor has to ask the probate court first.

Probate fees are only part of the cost. The business also needs a formal valuation, and it can lose clients and revenue while ownership sits in the estate. That happens even if the operating agreement is perfect and the successor manager shows up on day one. The operations can run. The ownership is still in probate.

What the Ownership Solution Costs

Solving the ownership problem requires a revocable living trust that holds the LLC membership interest. When the trust owns the interest, it does not go through probate. The successor trustee, the person you name to manage the trust after your death, has immediate authority over the ownership interest with no court involvement. At The Hive Law, a revocable trust package costs $3,500 flat. That includes:

• Revocable living trust, the document that holds your assets and directs their distribution after death
• Pour-over will, catches any asset that was not transferred into the trust during your lifetime
• Durable power of attorney, names someone to manage your financial affairs if you are incapacitated
• Healthcare directive, names someone to make medical decisions and documents your wishes
• Deed transfer for one property, transfers real property into the trust so it avoids probate as well

The trust alone does not coordinate with the operating agreement. The operating agreement must grant the trustee management authority. When the trust is drafted in isolation from the operating agreement, the trustee ends up holding an economic interest they cannot act on. Both documents must be drafted together and cross-referenced.

What a Complete Georgia Business Succession Plan Costs

A complete succession plan solves both problems: who runs the business and who controls the ownership. At The Hive Law, a complete plan includes the revocable trust, the operating agreement amendment, the buy-sell agreement (if applicable), and full coordination between all documents. For a full breakdown of what a complete plan should include, see What a Complete Business Succession Plan Should Include in Georgia.

The complete plan costs more upfront. It costs a fraction of what probate costs on even a modest business estate. For an estate with a business, the probate cases we’ve handled have cost families about $29,700 and taken about 25 months, before counting any revenue the business loses along the way.

What Is NOT Included in Business Succession Planning at The Hive Law

The following are not included in the legal fee and should be budgeted separately:

• Business valuation: a formal written valuation from a CPA or Certified Business Valuator is required for buy-sell agreements and probate. This is a separate engagement with a separate professional.
• Life insurance to fund a buy-sell agreement, The Hive Law drafts the legal structure of a funded buy-sell, but the insurance policy itself is placed by a licensed insurance professional. We coordinate with your insurance advisor.
• Multi-entity structures, if you have multiple LLCs, an S-Corp, or a holding company structure, each entity requires its own operating agreement review. Pricing for complex multi-entity structures is quoted individually.
• Real property beyond one deed transfer, the $3,500 trust package includes one deed transfer. Additional properties are quoted separately.
• Tax planning, succession planning is a legal and structural exercise. It does not include income tax planning, estate tax minimization, or CPA-level analysis. If your estate is likely to exceed the federal estate tax threshold, that planning is coordinated separately.

Is Business Succession Planning in Georgia Worth the Cost?

A complete succession plan starts at $3,500 for the trust package, plus $1,250 for each LLC and $2,000 for each buy-sell agreement. For an estate with a business, the probate cases we’ve handled have cost families about $29,700 and taken about 25 months. That is before any revenue the business loses while ownership sits in the estate.