Last Will And Testament requirements in Georgia
- You must be at least 18 years old and of sound mind.
- Your will must be in writing (typed or handwritten).
- You must sign your will in the presence of at least two witnesses.
- Your witnesses must be at least 14 years old and should not be beneficiaries (to avoid complications).
- While notarization is not required in Georgia, having your will notarized can help make it 'self-proving' and speed up the probate process.
- You cannot leave your spouse out entirely unless you provide for them in the will or they waive their right in a prenuptial agreement (Georgia law protects spouses).
How to create a Last Will And Testament in Georgia
- List all your assets and decide who should receive each one—this is the foundation of your will.
- Choose an executor who will manage your estate and make sure your wishes are carried out.
- Decide who will care for any minor children if you pass away, and name a guardian.
- Use a reputable online service or a qualified attorney to create your will document, ensuring it meets Georgia's specific rules.
- Sign your will in front of two witnesses who are not beneficiaries, and have them sign as well.
- Consider having your will notarized to make it self-proving, then store it safely and tell your executor where it is.
What a Last Will And Testament typically costs
The cost of creating a last will and testament in Georgia varies widely. Using an online will template or software typically ranges from $50 to $150, while hiring an attorney can cost anywhere from $300 to $1,000 or more, depending on the complexity of your estate. At a minimum, you'll pay a small filing fee when your will is submitted to probate court after you pass away.
Ready to start your last will and testament in Georgia? Use a trusted estate planning service today to get peace of mind.
Create your last will and testamentGeorgia Will Checklist Before You Begin
Preparing to create your Georgia last will and testament requires knowing the state's formalities and gathering key documents. Use this checklist to streamline the process and avoid common pitfalls.
- Verify you are at least 18 and of sound mind to make a will in Georgia.
- Know the signing rules: your will must be in writing and signed by you (or by someone at your direction) and witnessed by at least two competent witnesses who sign in your presence.
- Decide on a self-proving affidavit (not required but recommended) to avoid probate delays; it must be notarized and signed by you and witnesses.
- Gather a list of all assets (real estate, bank accounts, investments, personal property) and liabilities, and note beneficiaries for each.
- Identify your executor (and a backup) who will manage your estate, and consider naming guardians for minor children.
- Be aware that Georgia does not require filing your will with a court before death, but keep it in a safe place and tell your executor where it is.
Frequently asked questions
Do I need a lawyer to write a will in Georgia?
No, you can write your own will using a template or online service. However, if your estate is large or your family situation is complex, consulting an attorney can help you avoid pitfalls and ensure everything is legally sound.
What happens if I die without a will in Georgia?
If you die intestate (without a will), Georgia's intestacy laws will determine who inherits your property. Typically, your spouse and children are first in line, but the distribution may not match your wishes. Having a will gives you control.
Can I write a handwritten will in Georgia?
Yes, Georgia recognizes holographic (handwritten) wills, provided they are entirely in your handwriting and signed by you. However, they can be more easily challenged in court, so it's often safer to have a typed will with witnesses.
What is a living will and how is it different from a last will?
A living will (also called an advance directive) outlines your medical care preferences if you become unable to communicate, such as life support decisions. A last will and testament deals with the distribution of your property after death. Both are essential parts of estate planning.