How do I make a valid will in Georgia?

Question

Accepted Answer

Georgia wills are governed by O.C.G.A. Title 53, Chapter 4 (Wills).

1. Testator Requirements

Age: 14 or older — one of the lowest minimum ages in the country (O.C.G.A. § 53-4-10).

Capacity: Of sound mind, capable of forming a rational desire as to the disposition of property (§ 53-4-11).

2. Witness Requirements (O.C.G.A. § 53-4-20)

Will must be in writing and signed by the testator (or by another at the testator's direction in the testator's presence and at the testator's express direction).

2 competent witnesses must attest and subscribe the will in the presence of the testator (need not be in each other's presence).

Witnesses must be at least 14 years old (§ 53-4-22).

3. Notarization

Not required for validity. A self-proving affidavit under O.C.G.A. § 53-4-24, signed by the testator and witnesses before a notary, allows the will to be probated without live witnesses.

4. Holographic Wills NOT Recognized

Georgia does not recognize holographic wills. A handwritten will must still be witnessed by 2 competent witnesses.

5. Nuncupative (Oral) Wills

Not recognized.

6. Interested Witnesses

A beneficiary-witness does not invalidate the will, but the gift to the witness is void unless there are 2 other disinterested witnesses (O.C.G.A. § 53-4-23).

7. Intestacy (No Will)

O.C.G.A. § 53-2-1: Surviving spouse alone takes all; spouse and children share equally, but spouse's share is never less than 1/3 of the estate.

8. Small Estate / No Administration Necessary

Georgia allows a petition for no administration necessary under O.C.G.A. § 53-2-40 when all heirs agree, regardless of estate size, simplifying transfer when there are no debts.

9. Year's Support

A unique Georgia procedure (O.C.G.A. § 53-3-1) — the surviving spouse and minor children may petition for a year's support that takes priority over almost all other claims.

This is legal information, not legal advice.