Why Every Georgian Needs a Will
Few legal documents carry as much weight as a last will and testament. Yet millions of Americans — including countless Georgia residents — go without one. Whether you are 30 or 70, single or married, a will is one of the most powerful tools you have to protect your family, your assets, and your legacy. Without one, Georgia state law steps in and makes those decisions for you — often with results that may surprise and even disappoint your loved ones.
This guide explains what Georgia law requires for a valid will, what happens if you die without one, and what practical steps you can take today. This article is intended for general educational purposes only and does not constitute legal advice. Every situation is unique, and we encourage you to consult an estate planning attorney for guidance specific to your circumstances.
What Is a Will Under Georgia Law?
Georgia law defines a will as "the legal declaration of an individual's testamentary intention regarding that individual's property or other matters" and includes the will and all codicils to the will (O.C.G.A. § 53-1-2(17)). In simpler terms, a will is your legally binding set of instructions for what happens to your property, your dependents, and your affairs after you pass away.
A will, also called a "last will and testament," can help you protect your family and your property. Among other things, it allows you to name a guardian for your minor children, designate an executor to manage your estate, and specify exactly who inherits your assets.
Georgia's Requirements for a Valid Will
Not every document calling itself a will is legally enforceable. Wills in Georgia need to meet certain specific standards if they are to serve their purpose in probate court. Under current Georgia law (O.C.G.A. § 53-4-20), a valid will must satisfy the following requirements:
1. The Will Must Be in Writing
You must make your will in writing on paper — it cannot be on audio, video, or a digital file. Acceptable forms include printed wills and handwritten wills. Oral wills and holographic wills are generally not accepted under Georgia law; however, Georgia does recognize oral wills made by soldiers in active military service.
2. The Testator Must Be of Legal Age
The testator must be at least 14 years old for their will to be considered valid in Georgia. This is notably lower than the 18-year minimum required in most other states, making it possible for emancipated minors and members of the military to plan their estates at a younger age.
3. The Testator Must Have Testamentary Capacity
The testator must have a sound mind and be capable of rational decision-making while making the will. They must also be free from coercion and undue influence during the process. Courts look at whether the testator understood the nature of the document they were signing, the extent of their property, and who their natural heirs are.
4. The Will Must Be Signed by the Testator
A will shall be in writing and shall be signed by the testator or by some other individual in the testator's presence and at the testator's express direction. A testator may sign by mark or by any name that is intended to authenticate the instrument as the testator's will.
5. Two Witnesses Must Sign the Will
A will shall be attested and subscribed in the presence of the testator by two or more competent witnesses. This is a critical requirement. Neither witness should be a beneficiary of the will, because the witness could lose the gift the will-maker gave to them (Ga. Code § 53-4-23 (2025)).
Does a Georgia Will Need to Be Notarized?
In Georgia, you don't need to notarize your will to make it legal. However, Georgia allows you to make your will "self-proving," and you'll need to go to a notary if you want to do that.
A self-proving will speeds up probate because the court can accept the will without contacting the witnesses who signed it. To make your will self-proving, you and your witnesses go to the notary and sign an affidavit that proves who you are and that each of you knew you were signing the will.
Under Georgia law, a properly executed self-proving affidavit allows the probate court to accept the will without requiring the witnesses to appear in court later. This can be especially helpful if years have passed since the will was first made and those witnesses are not easily located. While not legally required, including a self-proving affidavit is strongly recommended by most Georgia estate planning attorneys.
What Can a Will Do for You in Georgia?
A well-drafted Georgia will gives you significant control over outcomes that would otherwise be left to state law. Specifically, your will can:
- Name your beneficiaries: Direct exactly who receives your property and in what shares.
- Designate an executor: In Georgia, you can use your will to name an executor who will ensure that the provisions in your will are carried out after your death. If you don't name an executor, the probate court will appoint someone to take on the job of winding up your estate.
- Name a guardian for minor children: Without a will, a court decides who raises your children, and that decision may not reflect your wishes.
- Disinherit individuals: Georgia law also allows the will-maker to give away all of their property to a stranger and to disinherit their spouse and children (Ga. Code § 53-4-1 (2025)).
How Divorce Affects Your Georgia Will
Life changes, and your will should keep up. Georgia law revokes any language in your will that leaves property to your spouse upon divorce. However, if you happen to remarry your ex or if you specifically state in your will that divorce should not affect the provisions in your will, then these rules won't apply. This makes it essential to revisit and update your will after any major life event, including marriage, divorce, the birth of children, or significant changes in your financial situation.
What Happens If You Die Without a Will in Georgia?
If you die without a will in Georgia, your assets will go to your closest relatives under state "intestate succession" laws. These laws are designed to provide a structured framework for distributing property and settling debts, but they often fail to account for the nuances of family relationships or individual circumstances.
Georgia's Intestate Succession Hierarchy
Georgia distributes the estate according to a fixed hierarchy: surviving spouse, children, parents, siblings, and then more distant relatives. Here is how the most common scenarios play out:
- Spouse and children survive: If the deceased had both a spouse and children, the spouse shares the estate equally with the children, but is guaranteed at least one-third. Many families are surprised to learn their surviving spouse does not automatically receive everything.
- Spouse only (no children): The default rules of intestacy in Georgia dictate that the surviving spouse does inherit the entire estate if there are no living children or grandchildren of the deceased.
- No spouse or children: Georgia's intestacy law gives your property to your closest relatives, beginning with your spouse and children. If neither exists, the estate passes to grandchildren, then parents, then siblings, and so on.
- Unmarried partners: If a decedent wanted their partner to inherit assets but failed to formalize their wishes in a will or trust, the partner would have no legal claim to the estate under intestate succession laws.
The Probate Process Without a Will
This process can be complex and often requires the involvement of the Georgia probate court to ensure that assets are allocated according to legal guidelines. The probate court appoints an administrator to manage the estate — this individual is responsible for gathering and valuing the deceased's assets, paying off any debts, and distributing the remaining property according to Georgia's intestate succession laws.
Frozen bank accounts are a common issue — banks typically freeze a deceased person's accounts until someone presents Letters of Administration from the probate court. Without a will naming an executor, the court must appoint an administrator, a process that takes time.
What Assets Are NOT Subject to Intestate Succession?
It is important to understand that intestate succession only applies to certain assets. Georgia's intestate succession laws only apply to what's called the "probate estate" — assets that were owned solely by the deceased person without any special designations that would allow them to pass directly to someone else. The following types of assets typically bypass probate entirely:
- Life insurance policies with named beneficiaries go directly to those beneficiaries.
- Bank accounts set up as payable-on-death accounts bypass probate entirely.
- Property owned in joint tenancy with right of survivorship automatically goes to the surviving owner.
- Assets held in a trust are distributed according to the trust terms, not intestate succession laws.
Updating and Revoking Your Georgia Will
In Georgia, you may revoke or change your will at any time. You can do this by creating a new will that expressly revokes prior wills, by executing a codicil (a formal amendment), or by physically destroying the document. A codicil shall be executed by the testator and attested and subscribed by witnesses with the same formality as a will. Informal handwritten additions or crossed-out sections generally will not hold up in Georgia's probate court.
Common Will Mistakes to Avoid in Georgia
Even well-intentioned wills can fail if they contain technical errors. Courts in Georgia won't accept a will that doesn't follow the basic rules — simple mistakes like missing signatures or unclear wording can lead to delays or even rejection. Some of the most common pitfalls include:
- Failing to sign in front of two qualified witnesses
- Naming a beneficiary as one of the two required witnesses
- Not updating the will after major life events such as marriage, divorce, or the birth of a child
- Leaving out specific bequests for assets with sentimental value
- Failing to name an alternate executor or beneficiary
Take the Next Step: Speak with a Georgia Estate Planning Attorney
Creating a valid, enforceable will is one of the most important gifts you can give your family. Learning about what constitutes a valid will in Georgia can help people understand why having a lawyer present to assist them can be important to proper estate planning — thoughtful guidance can help ensure that the documents someone creates serve their purpose after they die.
At Leeds Law Firm, our experienced Georgia estate planning attorneys can help you draft a will that reflects your wishes, complies with all state legal requirements, and holds up in probate court. Whether you are creating your first will or updating an existing one, we are here to guide you every step of the way. Contact Leeds Law Firm today to schedule your estate planning consultation.
