How to Make a Will in Georgia

If you're a resident of Georgia and thinking about making a will, you should understand what a will is and how to make one. A will, also called a "last will and testament," can help you protect your family and your property.

You can use a will to:

• leave your property to people or organizations
• name a personal guardian to care for your minor children
• name a trusted person to manage property you leave to minor children, and
• name an executor, the person who makes sure that the terms of your will are carried out.

Georgia's 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).)

Below you'll find an overview of what a will can do for you, what Georgia laws require when you make a will, and what the process looks like.

Steps to Create a Will in Georgia

Here's a quick checklist for making a will in Georgia:

1. Decide what property to include in your will.
2. Decide who will inherit your property.
3. Choose an executor to handle your estate.
4. Choose a guardian for your children.
5. Choose someone to manage children's property.
6. Make your will.
7. Sign your will in front of witnesses.
8. Store your will safely.

What Happens If I Die Without a Will?

In Georgia, if you die without a will, your property will be distributed according to state "intestacy" laws. Georgia's intestacy law gives your property to your closest relatives, beginning with your spouse and children. If you have neither a spouse nor children, your grandchildren or your parents will get your property. This list continues with increasingly distant relatives. If the court exhausts this list to find that you have no living relatives by blood or marriage, the state will take your property.

Can I Make My Own Will in Georgia?

Yes. You can make your own will in Georgia, using Nolo's Quicken WillMaker & Trust. However, you might want to consult a lawyer in some situations. For example, if you think that your will might be contested or you have especially complicated goals, you should talk with an attorney. See Do I Need an Attorney to Make My Estate Plan?

Legal Requirements for a Valid Will in Georgia

To make a will in Georgia, you must:

• be at least 14 years of age and not " laboring under some legal disability arising either from a want of capacity or a want of perfect liberty of action"
• have a "decided and rational desire" about how to dispose of your property, and
• make the will freely and voluntarily.

(Ga. Code §§ 53-4-10, 53-4-11, 53-4-12 (2025).)

Georgia's laws detail the following information about capacity to make a will:

• You may be incapacitated to make a contract but still have the legal capacity to make a will.
• An "insane individual" may only make a will during a lucid interval.
• A "monomaniac" may make a will if the will is in no way affected by the monomania and the will expresses the will maker's wishes that aren't biased by their insanity or monomania.
• You may have the capacity to make a will even if you are of advanced age, weakness of intellect, or eccentric in your thoughts or behaviors.

(Ga. Code § 53-4-11 (2025).)

In terms of making a will, "freely and voluntarily" means that the will-maker executed the will and their freedom of volition wasn't destroyed by any of the following:

• fraudulent practices about the testator's fears, affections, or sympathies
• misrepresentation
• duress
• undue influence

The will must be an expression of the will-maker and not that of someone else. (Ga. Code § 53-4-12 (2025).)

Because the definitions of "capacity" and "freely and voluntarily" are complicated, you should speak with a lawyer if there are any questions about a will maker's mental ability to make a will.

You must make your will in writing on paper. It can't be on audio, video, or a digital file. (See "Can I Make a Digital or Electronic Will?," below.) (Ga. Code § 53-4-20 (2025).)

How to Sign and Execute My Georgia Will

To finalize your will in Georgia:

• you must sign your will in front of two witnesses, and
• your witnesses must sign your will in front of you.

(Ga. Code § 53-4-20 (2025).)

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).)

Do I Need to Have My Will Notarized?

No, 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 will go to the notary and sign an affidavit that proves who you are and that each of you knew you were signing the will. (Ga. Code § 53-4-24 (2025).)

Can I Make a Digital or Electronic Will?

In a handful of states, you can make a legal will digitally—that is, you can make the will, sign it, and have it witnessed without ever printing it out. Although such electronic wills are currently available in only a minority of states, many other states are considering making electronic wills legal. Georgia currently doesn't allow e-wills, but that could change in the future.

Can I Use My Will to Name an Executor?

Yes. 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. Nolo's Quicken WillMaker & Trust produces a letter to your executor that generally explains what the job requires. If you don't name an executor, the probate court will appoint someone to take on the job of winding up your estate.

Can I Revoke or Change My Will in Georgia?

In Georgia, you may revoke or change your will at any time.

You can revoke your will in Georgia by:

• creating a new will that expressly revokes it
• creating a written document that expressly revokes it (only if the document is signed and witnessed in the same manner as a will)
• destroying or obliterating it with the intent to revoke it, or
• creating a new will with inconsistent terms from the old will.

(Ga. Code §§ 53-4-41, 53-4-42, 53-4-43, 54-3-44 (2025).)

If a new will doesn't expressly revoke an old will, the new will revokes only the sections of the old will that are inconsistent with it. (Ga. Code § 53-4-47 (2025).)

If you and your spouse divorce (or if a court determines that your marriage isn't legal), Georgia law revokes any language in your will that leaves property to your spouse. However, if you happen to remarry your ex or if you specifically state in your will that divorce won't affect the provisions in your will, then these rules won't apply. (Ga. Code § 53-4-49 (2025).)

If you have any concerns about the effects of divorce on your will, see an estate planning attorney for help. If you need to make changes to your will, it's best to revoke it and make a new one. However, if you have only very simple changes to make, you could add an amendment to your existing will—this is called a codicil. In either case, you will need to finalize your changes with the same formalities you used to make your original will (see above).

Next Steps

You can find Georgia's laws about making wills here: Georgia Code, Title 53 Wills, Trusts and Administration of Estates, Chapter 4 – Wills.

To make your own will—as well as other estate planning documents, such as powers of attorney, advance health care directives, and transfer-on-death deeds—try Nolo's Quicken WillMaker & Trust.

Frequently Asked Questions

If you're still looking for information, check out these answers to frequently asked questions on Georgia wills.

Can a will help me avoid probate?

No. A will doesn't avoid probate. Instead, it acts as instructions to the probate court. If you want to avoid probate in Georgia, consider other estate planning strategies like a living trust or a transfer-on-death deed.

What's the cost of making a will in Georgia?

The cost for a lawyer to make a will depends on several factors, including the complexity of your finances, where you live in Georgia, and whether you want an entire estate plan with multiple documents. A simple will without other estate planning documents likely will cost at least a few hundred dollars—and potentially more than $1,000. DIY resources, like Nolo's Quicken WillMaker & Trust, will cost significantly less than hiring an attorney.

Where should I store my will after it's signed?

There are several options for places to store your will, and each has pros and cons. Some options are the probate court (discussed below), your home, your lawyer's office, or a safe deposit box (but ensure the bank will let your executor or other trusted people access it after your death). Wherever you store it, make sure the right people know where it is, so the probate process can start as soon as possible without confusion or delay. For more information, read How to Safely Store Your Will.

Do I need to file my will with the court or government after making it?

No. Your will doesn't need to be filed with the court or government until after your death. However, your local probate court might allow you to store your will with the court for safekeeping for a fee.

Can a will help me avoid estate taxes?

No. A will won't help you avoid estate taxes. The good news is that Georgia doesn't have an estate tax, and very few people need to worry about federal estate taxes. Only people with estates worth several million dollars need to think about federal estate taxes, but a will won't help them avoid taxes. For more information on estate taxes, read Estate Tax: Will Your Estate Have to Pay?

Can someone challenge my will?

Yes, it's theoretically possible that someone could challenge your will. But very few wills are challenged in court because it's difficult to challenge a will.