State-Specific Legal Forms

Georgia quitclaim deeds must be signed by the grantor and witnessed by two individuals, one of whom must be a notary public. A PT-61 Real Estate Transfer Tax form must be filed and the transfer tax paid at the time of recording.

Georgia adopted a revised Power of Attorney Act effective July 1, 2017. The POA must be signed by the principal and either notarized or witnessed by two adults. Georgia law presumes all POAs are durable unless stated otherwise.

Georgia requires a will to be in writing, signed by the testator, and attested by two competent witnesses. Georgia does not recognize holographic wills. The surviving spouse has a right of year's support, which can be substantial and takes priority over other claims.

Georgia's Advance Directive for Health Care Act (2007) combines the living will and healthcare power of attorney into a single form. The directive must be signed by the principal in the presence of two witnesses, one of whom must not be a healthcare provider.

Georgia does not require an LLC operating agreement by statute. Articles of Organization are filed with the Georgia Corporations Division of the Secretary of State. Georgia has a relatively low annual registration fee.

Georgia is a landlord-friendly state with relatively few statutory restrictions on leases. There is no statewide rent control and no statutory limit on security deposits. The Georgia Landlord-Tenant Handbook provides guidelines but is not a formal statute.

Georgia eviction (dispossessory proceeding) is landlord-friendly and relatively fast. The landlord must provide a written demand for possession before filing. There is no statutory minimum notice period for nonpayment — the demand can be immediate.

Georgia small claims court handles disputes up to $15,000 (increased from $7,500 in 2023). Cases are heard in Magistrate Court. Attorneys are allowed but not required. No jury trial is available in small claims court.

Georgia allows both no-fault (irretrievably broken marriage) and fault-based grounds for divorce. Georgia follows equitable division of marital property. There is a mandatory 30-day waiting period from the date of service before the divorce can be finalized.

Georgia name changes are filed in Superior Court. The petitioner must publish notice of the petition in the local legal organ newspaper once a week for four consecutive weeks. A criminal background check may be required by the court.

Georgia warranty deeds (general or limited) are recorded with the Clerk of the Superior Court for the county where the property is located. Georgia requires one unofficial witness and a notary on every deed. The state imposes a real estate transfer tax of $1 per $1,000 of consideration.

Georgia uses Form T-7 as the official Bill of Sale for motor vehicles, which is required when applying for a title. Title Ad Valorem Tax (TAVT) replaced annual ad valorem tax for most vehicles purchased after March 2013 and is paid once at registration based on fair market value.

Georgia enforces prenuptial agreements under the three-factor Scherer v. Scherer test: no fraud, duress, mistake, or nondisclosure; not unconscionable; and circumstances have not changed so that enforcement would be unfair. Court has discretion to refuse enforcement if any factor is missing.

Georgia does not cap rental application fees, and they are typically non-refundable. Georgia Fair Housing Law mirrors federal protections. Georgia preempts most local source-of-income discrimination ordinances.

Georgia's Fair Business Practices Act does not require a pre-suit demand, but the Georgia bad-check statute requires a 10-day demand letter before treble damages. Magistrate Court (small claims, jurisdictional limit $15,000) does not require pre-suit demand but it is recommended.

Georgia requires a Sheriff's Return or Affidavit of Service from a court-appointed private process server. O.C.G.A. § 9-11-4 governs service of process. The return must be filed within 5 business days of service in many courts.

Georgia caps interest at 7% per year unless a higher rate is contracted in writing. Loans up to $3,000 are capped at 16%; loans over $3,000 may carry any rate agreed in writing (up to criminal usury at 5% per month / 60% APR). Industrial loan licensees have separate ceilings.

Georgia enforces NDAs as contracts and provides remedies under the Georgia Trade Secrets Act. Georgia is among the more employer-friendly jurisdictions and will enforce reasonable NDAs in commercial and employment contexts. The 2010 Restrictive Covenants Act (O.C.G.A. § 13-8-50) governs related restrictive covenants.

Georgia's Restrictive Covenants Act (effective May 2011) authorizes enforcement of reasonable non-competes for employees who customarily solicit customers, manage substantial business operations, or possess confidential information. Time limits up to 2 years (employees) and 5 years (sale of business) presumed reasonable.

Georgia allows modification when there has been a substantial change in either parent's income or financial status, OR in the child's needs. A parent generally cannot file for modification within 2 years of the last order (with limited exceptions for involuntary loss of income).