Although wills and trusts share some similar goals, they operate differently in several important ways.

Probate

Wills Typically Go Through Probate

Probate is the legal court process used to validate a will and distribute assets after someone passes away.

In Georgia, probate may involve:

• Court filings
• Legal procedures
• Public records
• Delays in asset distribution

Trusts May Help Avoid Probate

Assets properly placed into a trust may bypass probate entirely, allowing beneficiaries to receive assets more efficiently and privately.

Avoiding probate can sometimes reduce delays and administrative burdens for family members.

Privacy

Wills Become Public Record

Because wills typically pass through probate court, the details may become part of the public record.

Trusts Generally Remain Private

Trusts often provide greater privacy because they usually do not require public probate filings.

Asset Management During Incapacity

Wills Only Take Effect After Death

A will generally has no legal authority until the person passes away.

Trusts Can Operate During Lifetime

A trust may help manage financial affairs if the creator becomes incapacitated or unable to handle their own finances.

This can help avoid the need for court-appointed conservatorships in certain situations.

Control Over Asset Distribution

Trusts Can Provide Long-Term Control

Trusts may allow assets to be distributed over time rather than all at once.

For example, a trust may include instructions such as:

• Delayed distributions for young beneficiaries
• Educational funding provisions
• Protection for special needs beneficiaries
• Asset management for future generations

Wills Usually Provide Simpler Distribution

A will generally distributes assets directly after probate is completed.