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Probate Myth


In order to avoid a public proceeding open to scrutiny, some individuals use a living trust as an alternative to probate – a proceeding in which a probate judge legitimizes a will.

However, probate, particularly in Georgia, isn’t nearly as time consuming or as expensive as perceived. Living trusts rarely save tax dollars compared to an appropriately put together estate plan, and because they are revocable, their assets do not receive any special tax breaks.

Additionally, a living trust will rarely permit the complete avoidance of probate because there will likely be assets that are not included in the living trust.

Harmon Caldwell, Jr., Caldwell, Propst & DeLoach

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