Legal Question in Wills and Trusts in Georgia

No attorney can really answer you as they have not seen the trust or the deed to the house.

You are incorrect that just having a revocable living trust means there is no probate. Trusts are great IF they are set up correctly. However, people do not always convey everything they have into the trust. Look at the deed to the property - it is recorded in the county where the land is located in Georgia. Contact the register of deeds and get a copy of the deed. Who is listed under grantees? Is it your husband and you as joint tenants with right of survivorship, just your husband or is it the revocable living trust?

If the property was owned by you and your husband jointly with right of survivorship, then the property now belongs to you solely and no probate should be necessary. If the property is owned by the trust, then the trustee should be able to sell the land also without probate. Are you the trustee of the trust if your husband dies?

However, if the land was owned solely by your husband and never conveyed to the trust, then there is going to be a problem.

Where did your husband live at the time of his death? Where his will was written is not relevant. Most states will recognize wills drafted in other states as long as they comply with the law in the state where they are writtten. If your husband lived in TN at the time of his death then the estate must be probated in TN. If your husband lived in GA then it would be the county in GA where he resided. If he lived in TN but owned property in GA which was not in the trust then the main estate would be in TN and an ancillary estate would have to be set up in GA.

Even though your husband had a trust, he would have had what is called a pourover will. The will would still need to be filed and an estate probated. Most states have procedures for probating a very small estate but if your husband owned land, he is not going to be able to use the process for very small estates.

I do not understand your reluctance to probate. There is a reason for probate - it is to provide for the orderly winding up of the dead person's affairs and for the transfer of any net assets to the heirs/beneficiaries as per the will/trust. Probating an estate cuts off any claims by disinherited or disgruntled heirs or other claimants if claims are not timely filed. Further, where there is real property involved, many states preclude the sale of the property by the beneficiaries within a certain time after death unless the personal representative of the estate joins in the sale. And to have a personal representative you would need to probate the will.

I suggest that you get a probate attorney who practices in the county/state where your husband lived at the time of his death to assist you with applying for probate and selling any real property that was not in trust.

Trusts and wills are separate, and often a trust designed to avoid probate is badly done meaning probate is needed. You have a lawyer. Listen to him.