If you live in Athens, Watkinsville, or around Lake Oconee, you’ve probably heard you should “get your Will done.” But what about a Living Trust? Isn’t that something only wealthy people need?
Not exactly.
Understanding the difference between a Will and a Living Trust is one of the most important steps in protecting your family and your assets. And choosing the right one depends on your goals: control, privacy, and avoiding probate.
Let’s break it down simply and clearly so you can decide what makes sense for your family.
What Is a Will?
A Will is a written document that explains to the Probate Judge who should receive your assets after you pass away and who you want to serve as guardian for your minor children. It is an important part of an estate plan, but it has limitations that many families do not realize.
A Will does not avoid probate in Georgia. Probate is the legal court process required to validate your Will and distribute your assets. In Athens-Clarke County and Oconee County and throughout Georgia, probate can take months or even more than a year, and it becomes public record. That means anyone can see what you owned, what it was worth, and who inherited it.
A Will is better than having nothing, but it does not offer control, efficiency, or privacy.
What Is a Revocable Living Trust?
A Revocable Living Trust is a legal tool that holds your assets during your lifetime and directs what happens to them when you pass away. Unlike a Will, a Living Trust does not go through probate when it is funded correctly.
Families in Georgia often choose a Living Trust because it keeps their affairs private, protects their children, and helps assets transfer quickly and smoothly without court involvement.
A Living Trust also allows you to set rules about how and when your children receive money, which is especially important if you have young children or blended family dynamics.
Three Key Differences: Control, Privacy, and Probate
Control
A Will gives general instructions, but a Living Trust allows for more detailed planning. You can decide at what ages your children receive funds, who manages the money for them, and how distributions should be handled. A Living Trust is ideal for families who want structure and guidance, not just a simple transfer of assets.
Privacy
A Will becomes public record during probate. A Living Trust remains private. Your family’s financial information stays out of public view, and your loved ones avoid unwanted attention or potential conflict.
Probate
A Will guarantees probate. A Living Trust avoids probate when everything is properly transferred into it. For many Georgia families, avoiding probate is the number one reason they choose a Living Trust. It saves time, money, stress, and keeps your family from dealing with the court system during an already painful time.
The Number One Reason Living Trusts Fail: Improper Funding
Even the best Living Trust in the world fails if it is not funded. Funding means transferring your assets into the name of the Trust. This includes your home, bank accounts, investment accounts, and sometimes business interests.
If you forget to fund your Living Trust, your assets may still have to go through probate, defeating the very purpose of creating a Living Trust in the first place.
The good news is that funding is completely manageable when done intentionally. At Arch Legacy Firm, we guide families through the funding process step by step to make sure their Living Trusts actually work when they are needed.
So Which One Do You Really Need?
There is no one-size-fits-all answer. The better question is:
What do you want to make easier for your family?
Choose a Will if:
• You want a basic plan
• You are not concerned about probate
• Privacy is not a priority
Choose a Living Trust if:
• You want to avoid probate in Georgia
• You want privacy and control
• You want to protect minor children or blended family situations
• You want to keep things simple for your family
Most families in Athens, Watkinsville, and Lake Oconee who want to stay out of court choose a Revocable Living Trust because it provides the smoothest and most protective path.
Ready to Create the Right Plan for Your Family?
Whether you need a Will, a Trust, or a complete estate plan, Arch Legacy Firm helps families across Northeast Georgia create clear, compassionate, and comprehensive plans that actually work.
Schedule your consultation:
www.archlegacyfirm.com
706-352-9060
Serving families throughout Athens, Watkinsville, and Lake Oconee.
