Land Trusts in Georgia: Holding Title Through a Trustee
Georgia has no stand-alone land trust act. A Georgia land trust is an ordinary express trust under the Revised Georgia Trust Code, Title 53, Chapter 12, and the same Code also contains a certificated trust variant that is public by design. Whether you get privacy depends on which one you build and how the deed, trustee and paperwork are handled.
We have no Georgia office. Aaron Bedy, Of Counsel, is admitted in Georgia and in Florida; his listed practice areas are estate planning and real estate law, the two areas this structure touches. We confirm at intake who can take a Georgia land trust matter.
How title-holding trusts work under Georgia law
The trust must be created or declared in writing and signed by the settlor, with an intent to create a trust, trust property, a reasonably ascertainable beneficiary, a trustee and trustee duties (O.C.G.A. 53-12-20). Funding requires a transfer of legal title to the trustee; a deed naming the trust as grantee is treated as running to the trustee, and when a transferor is a trustee the conveyance must also be recorded (53-12-25). No merger occurs just because the trustee and beneficiary are the same person, so an owner can serve as both (53-12-24).
Privacy comes from what the public record shows. The deed is recorded with the clerk of the superior court of the county where the land lies (44-2-1) and names the trustee. A trustee can prove authority with a certification of trust instead of the instrument, and it need not contain the dispositive provisions (53-12-280). A court proceeding can still compel production of the instrument.
Do not confuse this with a trust estate created by deed under 53-12-151, which provides for certificates of beneficial interest and a fixed term. That deed must be filed with the superior court clerk within 30 days, copies go to the Secretary of State, and the trust files annual returns like a corporation (53-12-152, 53-12-157). It is a public vehicle for pooled ownership, not a privacy tool.
Protection is the weak point. A revocable trust remains subject to the settlor's creditors during life, and for an irrevocable trust they can reach the maximum amount distributable to the settlor (53-12-82). A land trust is a titling choice, not a creditor shield.
Title-Holding Trust Drafting
A written instrument that satisfies 53-12-20, names a successor trustee, and states the trustee's powers over the land clearly enough for a title company to rely on.
Certification of Trust and Deeds
A recordable certification under 53-12-280 and a deed to the trustee, so closings can proceed without the full instrument.
Review of Existing Trusts
We check whether trusts already holding Georgia land were funded correctly, including whether a deed from a transferor who is also a trustee was recorded (53-12-25).
Is there a land trust statute in Georgia?
No Georgia statute creates or defines a land trust by that name. Title-holding trusts are governed by the Revised Georgia Trust Code and the law of deeds and recording.
Does a land trust keep my name off the public record?
It can keep beneficiaries off the deed, because the deed names the trustee, and the trustee can use a certification of trust (53-12-280) rather than disclose the instrument. A court can still order the instrument produced.
Does a land trust protect my property from creditors?
Not by itself. A revocable trust is reachable by the settlor's creditors, and creditors of an irrevocable trust's settlor can reach what could be distributed to the settlor (53-12-82).
Do I have to file the trust with the Secretary of State?
Under the Trust Code, no: filing with the clerk and the Secretary of State, and annual returns, apply to trust estates created by deed under 53-12-151 (53-12-152, 53-12-157), not to an ordinary title-holding trust. If you deed land into a trust of which you are a trustee, the deed must be recorded for the land to become trust property (53-12-25).
Facing a land trust question in Georgia?
The first consultation is confidential, and we respond within one business day. Tell us about the property and who needs to hold title, and we will tell you what Georgia law allows.