How to Make a Valid Will in Georgia

Who Can Make a Will in Georgia?

You must be at least 14 years old to make a will in Georgia. Georgia has one of the lowest minimum ages to make a will in the nation (O.C.G.A. § 53-4-10). The testator must have sufficient intellect to enable them to have a decided and rational desire as to the disposition of property and to understand the nature of the testamentary act

Signing Requirements

Must be in writing. Can be typed, printed, or handwritten. If you are physically unable to sign, Another person may sign in the testator's presence and by the testator's express direction (O.C.G.A. § 53-4-20).

Witness Requirements in Georgia

Georgia requires 2 witnesses. Must be competent witnesses. The testator must sign or acknowledge the will in the presence of the witnesses, and the witnesses must sign in the presence of the testator (O.C.G.A. § 53-4-20).

Interested witnesses: An interested witness does not invalidate the will (O.C.G.A. § 53-4-23)

Notarization in Georgia

Notarization is not required for a will to be valid in Georgia. Not required for validity; used for self-proving affidavit

Self-Proving Affidavit

Georgia allows a self-proving affidavit, which simplifies probate by eliminating the need for witnesses to testify in court. Testator and witnesses sign a sworn affidavit before a notary public (O.C.G.A. § 53-4-24)

Handwritten (Holographic) Wills

Georgia does not recognize holographic wills. Holographic wills are not recognized in Georgia

Electronic Wills

Georgia recognizes electronic wills. Georgia enacted electronic will provisions effective July 1, 2022. Electronic wills must be created, signed, and witnessed electronically and stored by a qualified custodian

Oral (Nuncupative) Wills

Recognized in limited circumstances: must be made during last illness, in the testator's dwelling or where they resided for 10+ days (except sudden illness), before two competent witnesses, and limited to $100 unless reduced to writing within 30 days (O.C.G.A. § 53-4-27)

How to Revoke a Will in Georgia

In Georgia, a will can be revoked by:

• •Executing a subsequent will or codicil
• •Physical destruction by the testator or at the testator's direction
• •Any writing executed with the same formalities as a will

O.C.G.A. § 53-4-40

Special Provisions in Georgia

Georgia is a separate property/common law state. Georgia has NO elective share statute — a surviving spouse can be disinherited. However, a surviving spouse can petition for a year's support from the estate (O.C.G.A. § 53-3-1). Georgia's minimum age of 14 is the lowest in the nation. Georgia is one of the few states without elective share protections

Relevant Georgia Statutes

• O.C.G.A. § 53-4-10 (Who may make a will)
• O.C.G.A. § 53-4-20 (Execution of wills)
• O.C.G.A. § 53-4-23 (Interested witnesses)
• O.C.G.A. § 53-4-24 (Self-proved wills)
• O.C.G.A. § 53-4-27 (Nuncupative wills)
• O.C.G.A. § 53-4-40 (Revocation)
• O.C.G.A. § 53-3-1 (Year's support)