Making a Will in Georgia

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.

Why Should I Make a Georgia Will?

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.

What Happens if I Don't Have 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, including siblings, grandparents, aunts and uncles, cousins, nephews, or nieces. If the court exhausts this list to find that you have no living relatives by blood or marriage, the state will take your property.

Do I Need a Lawyer to Make a Will in Georgia?

No. You can make your own will in Georgia, using Nolo's Quicken WillMaker & Trust. However, you may 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?

What Are the Requirements for Making a 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" (Ga. Code Ann. § 53-4-10)
• have a "decided and rational desire" about how to dispose of your property (Ga. Code Ann. § 53-4-11), and
• make the will freely and voluntarily. (Ga. Code Ann. § 53-4-12)

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 are not biased by their insanity or monomania
• you can still make a will even if you've been convicted of a crime, and
• 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 Ann. § 53-4-11.)

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

• fraudulent practices about the testator's fears, affections, or sympathies
• misrepresentation
• duress
• undue influence (Ga. Code Ann. § 53-4-12)

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

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 Ann. § 53-4-1.)

You must make your will on hard copy, meaning it must be on paper and not in a digital file. (Although, see "Can I Make a Digital or Electronic Will?," below.) Georgia does not permit handwritten wills.

How Do I Sign 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 Ann. § 53-4-20.

Neither witness should be a beneficiary of the will because the witness could lose the gift the will-maker gave to them. Ga. Code Ann. § 53-4-23.

Do I Need to Have My Will Notarized?

No, in Georgia, you do not 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 Ann. § 53-4-24.

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

You can revoke your will in Georgia by:

• taking action to expressly annul it
• destroying or obliterating it with the intent to revoke it
• reviving an old will, or
• creating a new will with inconsistent terms from the old will. Ga. Code Ann. §§ 53-4-41 to 53-4-45.

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).

If you and your spouse divorce (or if a court determines that your marriage is not 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 should not affect the provisions in your will, then these rules won't apply. Ga. Code Ann. § 53-4-49. If you have any concerns about the effects of divorce on your will, see an estate planning attorney for help.

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. Alabama currently doesn't allow e-wills, but that may change in the future.

Where Can I Find Georgia's Laws About Making Wills?

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