Legally Reviewed by Taylor Odachowski Schmidt & Crossland, LLC on June 15, 2026
Most people know they should have a will — but fewer than half of Americans actually have one. According to Trust and Will’s 2025 Estate Planning Report, 55% of Americans have no estate planning documents in place, leaving their families to navigate the legal system without guidance during an already difficult time. The decisions you put off today can create real complications — and real costs — for the people you leave behind.
At Taylor Odachowski Schmidt & Crossland, LLC, our attorneys have helped individuals and families on St. Simons Island establish comprehensive estate plans for decades. Located next to the St. Simons Island Lighthouse, we understand the assets, the family dynamics, and the legal requirements specific to this community. We provide personalized guidance on wills, trusts, and the full range of estate planning documents — so your wishes are honored and your family is protected.
Plan Now — Georgia’s Intestacy Laws May Not Reflect Your Wishes
If you pass away without a will in Georgia, the state determines how your assets are distributed — and that outcome may not align with what you intended for your family, your home, or your legacy.
TOSC Law has guided thousands of clients through legal challenges from our St. Simons Island office. Our attorneys provide practical, thorough estate planning counsel at every stage of life.
Understanding Wills and Their Role in Estate Planning on St. Simons Island
A last will and testament is the foundational estate planning document. It transfers your property and assets to the people or organizations of your choosing, names a personal representative to manage your estate, and — critically for parents — designates a guardian for your minor children. Without a valid will, Georgia’s intestacy laws take over, and your estate is distributed according to a statutory formula that may not reflect your intentions at all.
Key Components of a Will in Georgia
A properly drafted Georgia will clearly identifies each beneficiary and specifies what they will receive. It names a personal representative (sometimes called an executor) who will guide the estate through the probate process. For parents with minor children, the guardian designation is often the most important decision in the entire document. A will may also address specific items such as family heirlooms, real estate, financial accounts, charitable donations, and instructions for a funeral or memorial service.
Georgia has specific execution requirements for a will to be valid — including witnessing and notarization rules. An improperly executed will can be challenged or invalidated in probate court. Our attorneys ensure every document is prepared and executed correctly under Georgia law so that your wishes are enforceable.
What Happens Without a Will in Georgia
When someone passes away without a will, they are considered to have died “intestate,” and Georgia’s intestate succession statutes determine how the estate is distributed. This process often produces outcomes that differ significantly from what the person would have wanted — particularly in blended families, unmarried partnerships, or situations involving business interests or real property. Probate can also take longer and cost more without a valid will to guide the court.
Trusts Provide Flexibility, Control, and Privacy
A living trust — also called a revocable living trust — creates a legal mechanism to manage your property during your lifetime and distribute it after your death without going through probate. Assets held in a trust pass directly to beneficiaries according to your instructions, which can save significant time and expense while keeping your estate matters private.
Benefits of Establishing a Trust on St. Simons Island
Trusts offer advantages that wills alone cannot provide. A trust allows your chosen trustee to manage your assets without court intervention if you become incapacitated — providing continuity that a power of attorney may not fully cover. Trusts can also protect beneficiaries who are not ready to manage large inheritances by allowing you to set conditions and a distribution schedule. For families with complex assets — including real estate, business interests, or investment portfolios — trusts offer a more flexible and protective vehicle than a will alone.
Revocable vs. Irrevocable Trusts
A revocable living trust can be modified or revoked during your lifetime — you retain full control while alive. An irrevocable trust, by contrast, generally cannot be changed once established, but may offer significant tax planning and asset protection advantages. Our attorneys explain the differences clearly and recommend the structure that best fits your situation and goals.
Additional Estate Planning Documents for St. Simons Island Residents
A comprehensive estate plan includes more than a will or trust. Several additional documents protect you and your family in specific circumstances.
Georgia Advance Directive for Healthcare
This document allows you to state your healthcare, end-of-life, and afterlife wishes in writing. You designate the individual or individuals of your choosing to make healthcare decisions on your behalf if you are unable to provide informed consent — and you instruct healthcare providers about your wishes regarding care and life-sustaining treatment. Having this document in place prevents family disputes and ensures your medical preferences are followed.
Statutory (Durable) Power of Attorney
A power of attorney for St. Simons Island designates a trusted person or persons to handle your financial matters and act on your behalf if you become unable to do so. The intended effect and scope of a power of attorney depend entirely on its purpose — no single document addresses every situation, and our attorneys help you identify the right instruments for your circumstances.
Family Limited Partnerships for Complex Estates
For families with substantial assets or business interests, a family limited partnership can be used to manage property similarly to a trust while also allowing for additional tax planning strategies. This structure can help preserve wealth across generations and provide flexibility in asset management — particularly for families with commercial real estate, investment portfolios, or privately held businesses on or near the Georgia coast.
Choosing the Right Estate Planning Tools for Your Situation
The right combination of estate planning documents depends on your unique circumstances — the size and complexity of your estate, whether you have minor children, your family dynamics, and your goals for distributing your assets and providing for your family. Some people benefit from a straightforward will paired with a healthcare directive and power of attorney. Others need the additional protection and flexibility that trusts and partnerships provide.
Regular Updates: Keep Your Plan Current
Estate planning is not a one-time event. Life changes — marriage, divorce, the birth of a child, the death of a beneficiary, or significant changes in your financial situation — may require updates to your documents. We recommend reviewing your estate plan every few years, and any time a major life event occurs, to confirm that it still reflects your wishes and complies with current Georgia law.
Important Deadlines in Georgia Wills and Trusts Matters
While estate planning documents themselves have no filing deadline, certain legal actions connected to wills and trusts are time-sensitive. In Georgia, will contests must generally be filed within four years of the date the will is submitted to probate. Creditors typically have a set period to file claims against an estate after notice is given. Acting promptly — both in establishing your plan and in responding to estate-related legal matters — protects your rights and your beneficiaries.
Why Work With Taylor Odachowski Schmidt & Crossland, LLC
Our firm has been located next to the St. Simons Island Lighthouse for decades, serving the Glynn County community through every stage of life. We have guided thousands of clients through legal challenges with equal measures of legal rigor and personal care. Our attorneys hold a Martindale-Hubbell AV™ rating — the highest peer-reviewed standard for legal and ethical excellence — and bring that same standard to every estate plan we draft.
Frequently Asked Questions About Wills and Trusts on St. Simons Island
Do I need a trust if I already have a will?
Not necessarily — but they serve different purposes. A will goes through probate, which is a public court process. A trust bypasses probate entirely, can take effect immediately upon incapacity (not just death), and keeps your estate matters private. For many St. Simons Island families with real estate, investments, or complex family situations, a trust offers meaningful advantages. Our attorneys evaluate your circumstances and recommend the right approach.
What makes a will legally valid in Georgia?
Georgia requires that a will be in writing, signed by the testator (or by someone in the testator’s presence and at their direction), and witnessed by at least two competent witnesses who also sign the will. The testator must be at least 14 years old and of sound mind. A will that fails to meet these requirements may be challenged in probate court and declared invalid.
Can I update my will after it is signed?
Yes. You can revoke or amend your will at any time as long as you have legal capacity to do so. Changes are typically made through a formal amendment called a codicil or by executing an entirely new will that revokes the prior one. We recommend updating your estate plan after major life changes — marriage, divorce, births, deaths, or significant asset changes.
What is probate, and does it apply to all assets?
Probate is the court-supervised process for validating a will and overseeing the distribution of a deceased person’s estate. Not all assets go through probate — assets with designated beneficiaries (like life insurance and retirement accounts), assets held in joint tenancy, and assets held in trust typically pass outside of probate. A comprehensive estate plan coordinates these different transfer mechanisms to minimize the probate burden on your family.
How often should I review my estate plan?
We recommend reviewing your estate plan every three to five years, and any time a significant life event occurs — including marriage, divorce, the birth or adoption of a child, the death of a beneficiary or personal representative, a major change in your financial situation, or a move to a different state. Georgia law may change over time as well, which can affect the planning strategies that are most beneficial for your situation.
Contact Taylor Odachowski Schmidt & Crossland, LLC for Estate Planning on St. Simons Island
Planning your estate is one of the most important things you can do for your family — and it is never too early to start. At TOSC Law, our St. Simons Island wills and trusts attorneys provide thoughtful, practical guidance that reflects your values and protects the people who matter most to you. With decades of experience serving coastal Georgia families and a Martindale-Hubbell AV™ rating earned through peer recognition, we have the knowledge and the commitment to get it right.
To schedule a consultation with a wills and trusts lawyer on St. Simons Island, contact our office today. We look forward to helping you build a plan that gives you — and your family — genuine peace of mind.
