Are Handwritten Wills Valid in Georgia?

A Handwritten Will, sometimes called a Holographic Will, is not valid in Georgia. The state requires wills to be written, signed by the testator, and properly witnessed.

The State of Georgia has some specific rules in place when it comes to a person’s Last Will and Testament.  According to OCGA § 53-4-20:

“(a) A will shall be in writing and shall be signed by the testator or by some other individual in the testator’s presence and at the testator’s express direction… [and] (b) A will shall be attested and subscribed in the presence of the testator by two or more competent witnesses.”

Handwritten Wills

In order for a will to be valid in Georgia, it must be written – either typed or by hand.  The will has to be signed by the testator (the person who drafted the will) or by someone he or she asked to sign the will on his or her behalf.  The will also must be “properly witnessed,” meaning that two competent people who are at least 14 years or older also signed the Last Will and Testament.  Georgia does not require testators to notarize his or her will, but having the document notarized does help speed up and/or simplify the probate process.

Holographic Wills

Georgia is one of the states which does NOT accept “holographic” wills.  Holographic wills are handwritten but do not include the signatures of two separate witnesses.  For example, if a person takes out a piece of paper, writes “I leave everything to my children” on it, and then tucks that paper into a dresser drawer for safekeeping, that is a holographic will and is not valid in the state of Georgia.  The same can be said if a person typed up their wishes, printed it off, signed it and tucked it into their desk drawer. (If that same person asked two neighbors to watch him/her sign the will, and then those neighbors signed the document as witnesses, the will would be valid).

If a family member or loved one finds a holographic will and files it with the probate court, the judge will rule that the holographic will is invalid and either 1) apply the terms of a previous will, if one exists, or 2) decide that the person died intestate.  “Intestate” means that a person died without a will in place, and Georgia’s succession laws (who inherits what, in what order) will apply.

DIY Wills

You may have found this article because you DIY’d your Will and you want to make sure you got it right. Firstly, we’re proud of you for thinking ahead and wanting to take care of your family after you’re gone. That is admirable.

We understand your desire to plan ahead while saving money now. However, we always recommend involving the help of a skilled professional to help you clearly lay out your estate plan. This will give you peace of mind, and in the long run, that is worth the upfront cost to set up your estate plan.

Letters and other documents outlining wishes

Or maybe you’ve stumbled on this article because a loved one has passed away and you’ve discovered a Will or letter outlining his or her wishes for any portion of their estate. You’re wondering if this letter or handwritten Will can be used during the probate process.

As we discussed above, unless this document is signed by the testator AND two competent witnesses, it is not a valid Will.

What Happens if my Loved One Left an Invalid Will?

You may be in a bit of a panic because you realize your loved one did not leave behind a valid Will. While this can complicate things, take heart! There is a process in place for this. If the Will filed with the Court is invalid, the Judge will either uphold a previous valid Will (if one exists) or deem that the individual died intestate. At this point the case will go through the probate process according to the terms of the older valid Will, or under the Georgia State law for those dying intestate.

Many times families find themselves grieving the loss of a loved one while also having the confusion of navigating the probate process without a valid Will. We are here to help you and your family navigate this confusing process. We understand the ins and outs and can give you peace of mind in the process.

Preventing Issues for my Loved Ones

Having an invalid will means that your wishes may not be honored upon your death—because you haven’t clearly or legally defined them.  It can also lead to problems down the line for any family members or other beneficiaries.  

The best way to avoid this is to execute a valid Will now. We can help you or your loved one do that, and we make the process as painless as possible—we promise!

© Sarah Siedentopf and Siedentopf Law, 2018. Unauthorized use and/or duplication of this material without express and written permission from this site’s author and/or owner is strictly prohibited. Excerpts and links may be used, provided that full and clear credit is given to Siedentopf Law and EstateLawAtlanta.com with appropriate and specific direction to the original content.