Wills and Trusts Attorneys Serving St. Lucie County and Fayette County
Georgia decides what happens if you don't have a plan. We make sure you do.
Will or Trust — What Is the Difference?
A will is a legal document that directs the distribution of your estate after death. It names the people who inherit your property, appoints a personal representative to manage the process, and — critically — names a guardian for any minor children. A will takes effect at death and must pass through probate before your wishes can be carried out.
A revocable living trust is a legal structure that holds your assets during your lifetime and distributes them to your beneficiaries at death — without probate. Because the trust owns the assets, not you individually, there is no estate to administer when you die. Your named successor trustee carries out your instructions privately, without court involvement, on a timeline you control.
The two documents serve different purposes. Most estate plans include both — a trust to transfer the bulk of your assets outside probate, and a pour-over will to capture anything left outside the trust and direct it in.
Georgia Requirements for a Valid Will
Georgia law sets specific requirements for a will to be legally valid. A will that fails to meet these requirements can be challenged in probate court — which is precisely the outcome estate planning is meant to prevent.
A valid Georgia will must be:
In writing — oral wills are not recognized in Georgia
Signed by the testator — the person making the will — or by someone else at the testator's direction and in their presence
Witnessed by two competent witnesses who sign in the presence of the testator
A self-proving will — the standard used by most Georgia estate planning attorneys — adds a notarized affidavit that allows the will to be admitted to probate without requiring witness testimony. This is not required, but it simplifies the probate process significantly and is strongly recommended.
Online forms sometimes produce documents that look correct but omit a required element or fail the execution process. An attorney ensures the document is valid before you need to rely on it.
How a Trust Avoids Probate in Florida and Georgia
When you create a revocable living trust and transfer your assets into it — a process called funding the trust — those assets are no longer part of your probate estate. At your death, your successor trustee distributes them to your beneficiaries according to the trust's terms. No court filing. No probate proceeding. No public record.
This matters for several reasons. Probate in Florida and Georgia takes months and involves court costs and attorney fees. It is a public process — the will and the inventory of assets become part of the court record. And it can be contested. A properly funded trust avoids all of it.
The key word is funded. A trust that has not been funded — one that was drafted but never used to retitle assets — does not avoid probate. Our attorneys handle trust funding as part of the estate planning process, not as an afterthought.
Special Needs Trusts
If you have a child or other dependent with a disability, standard estate planning creates a problem. Leaving assets directly to a disabled beneficiary can disqualify them from Medicaid, SSI, or other government benefit programs that depend on financial need.
A special needs trust — also called a supplemental needs trust — holds assets for the benefit of a disabled person without counting those assets toward benefit eligibility. The trust pays for goods and services that government programs do not cover, supplementing rather than replacing public benefits.
Both Florida and Georgia recognize special needs trusts, but the drafting requirements are specific and the consequences of getting them wrong are significant. If you are planning for a child or family member with a disability, this is not a document to draft from a template.
Wills, Trusts, and the Attorneys Who Draft Them
Elizabeth Williams Winfield handles wills and trusts for clients at our Fayetteville, Georgia office. Her role as court-appointed County Guardian for Fayette County gives her a perspective on what happens to estates that are not planned — she manages those outcomes professionally. That experience informs how she drafts documents for private clients.
Evett L. Simmons handles wills and trusts for clients at our Port St. Lucie, Florida office. She is AV Martindale-Hubbell rated, holds an Honorary Doctor of Laws from Suffolk University, and served as the 58th President of the National Bar Association.
What a Consultation Covers
At Simmons, Finney & Winfield, your consultation is an opportunity to discuss your current situation directly with the attorney who will handle your matter, identify the documents you need, and understand the next steps before work begins.
(678) 788-6030 — Georgia Office. |
(772) 873-5900 — Florida Office
Common Questions About Wills and Trusts in Florida and Georgia
Do I need a trust or a will in Georgia?
Most people need both. A will covers assets that are not held in a trust, names guardians for minor children, and provides a fallback for anything the trust does not capture. A trust transfers the bulk of your estate to beneficiaries without probate. Together they create a complete plan. Which one leads depends on the size of your estate, whether avoiding probate is a priority, and whether you have minor children or a dependent with special needs.
How do I avoid probate in Georgia with a trust?
You create a revocable living trust and fund it — meaning you retitle your assets into the trust's name. Real property, bank accounts, investment accounts, and other significant assets should be transferred to the trust during your lifetime. Assets held in the trust at your death pass directly to your beneficiaries without court involvement. Assets left outside the trust still pass through probate, which is why funding the trust correctly matters as much as drafting it.
Is a trust only for wealthy people?
No. A revocable living trust is useful for anyone who wants to avoid probate, maintain privacy, or ensure a smooth transfer of assets at death. The cost of creating a trust is typically recovered in probate savings alone. If you own a home, have minor children, or want to avoid court involvement in your estate, a trust is worth considering regardless of the size of your estate.
What makes a will invalid in Georgia?
Common reasons a will fails in Georgia include missing witness signatures, a witness who is also a beneficiary, failure to sign in the proper sequence, or evidence that the testator lacked capacity or was under undue influence at the time of signing. An attorney follows Georgia's execution requirements precisely and can create a self-proving will that reduces the grounds for challenge.
What is a pour-over will and do I need one?
A pour-over will is a companion document to a revocable living trust. It directs that any assets left outside the trust at your death — accounts you forgot to retitle, property acquired after the trust was created — pass into the trust rather than going to heirs under the default intestacy rules. If you have a trust, you should also have a pour-over will.
Can a special needs trust be used for an adult child with a disability?
Yes. A special needs trust can be created for a beneficiary of any age. The trust holds assets for the beneficiary's benefit without affecting their eligibility for Medicaid, SSI, or other means-tested government programs. It can be funded during your lifetime, through your estate at death, or both. Both Georgia and Florida recognize special needs trusts, but the drafting requirements differ by state and program type.
Simmons, Finney & Winfield, LLC handles wills and trusts for clients across Fayette County, Georgia and St. Lucie County, Florida. Elizabeth Williams Winfield, court-appointed County Guardian for Fayette County, leads the Georgia estate planning practice. Evett L. Simmons, AV Martindale-Hubbell rated and former President of the National Bar Association, leads the Florida practice. Learn more about the firm on our
About page.