Estate Planning for New Georgia Residents
Welcome to Georgia. We’re glad you’re here! Georgia is an amazing state to live in. You probably already know this, or why else would you move here? But did you know that moving from another state can affect your estate plan? If you had an estate plan set up in another state, you may be wondering if the state of Georgia will recognize it as valid if you die without updating it. And if you moved from another state without an estate plan, you may be wondering what the intestate laws are here.
Georgia May Recognize your Will From Another State
The state of Georgia may recognize your Will as valid, if it meets the state requirements. This means it must be signed by at least two adult witnesses. If it’s not witnessed by two adult witnesses, Georgia will not recognize it as valid and you will be considered to have died intestate.
To learn more about the requirements of a valid Will in Georgia, please read this article.
However, just because your Will may be recognized doesn’t mean you shouldn’t update it. There are so many more factors at play.
Georgia Intestate Laws
Probate can be a horribly long and taxing process for your family, even with a Will, but it’s made even more complicated when a person dies intestate. This means, when a person dies without a valid Will.
If a person dies in Georgia without a valid Will, the state will begin to administer the estate following their specific rules for estate distribution. Debts and taxes are always paid first. Then the remainder of the assets are passed to the living heirs per state statute.
What many people don’t realize is that these assets may be disbursed differently than they assume. For instance, in the state of Georgia, if a husband passes away without a Will, he may assume and expect that the entirety of his estate will pass to his wife— knowing that she will use these funds to raise the children, maintain the marital home, and ensure both she and the children live the best life they can without him. But the state of Georgia has a statute in place that does not allow for the wife to receive all the funds. Only a percentage (a minimum of ⅓) of the assets pass to the wife— the remaining percentage is split into trusts for the minor children. As you can imagine, this could put a major strain on the financial stability of the family if up to 2/3s of the estate is now untouchable for years. The same can happen even if the children are grown— leaving the surviving spouse with less to live on than is expected.
Many states have similar laws in place. Because of this, it is important to have a detailed plan that states what you actually want to happen with your assets after death.
GA Advance Directive for Healthcare
Georgia has what is called the Georgia Advance Directive for Healthcare. This document combines the elements of a living will and a medical power of attorney. Every resident of Georgia should have a valid Georgia Advance Directive for Healthcare as they are recognized by all medical providers in the state.
You don’t want to have a medical emergency and have documents from another state. While we cannot be certain that they would not be honored, we are certain that if you have a valid Georgia Advance Directive for Healthcare that it will be honored by Georgia State law.
GA Does Not Have Estate, Inheritance, or Gift Tax
If you’re moving from a state that has a state estate tax, state gift tax, or state inheritance tax, I have amazing news for you: Georgia does not have any of these!
This means, you only have to consider the federal levels. Now, in case you’ve not been around here before, you do need to be aware that there may be some massive changes happening to those federal exemption levels. So, if your estate is valued around the $6 million mark, you really need to meet with both a financial advisor and an estate planning attorney to mitigate your potential tax liability.
Read more about the changes potentially coming in 2026 here.
Standby Guardian
If you have minor children or children with special needs, you need to have a guardian named in your Will for their long term care. But the Standby Guardian is a crucial part of estate planning for new Georgia residents. The Standby Guardian is a person who lives local to you— we recommend within an hour— who may not be the best person for long term care, should you pass away, but who can pick the kids up from school if you are incapacitated. It is important that this person live close by so that they can get to your children quickly in the event of an emergency. Remember, this person may not be your overall choice for long term care, but they are trusted for emergency care in the short term. We feel that just like your healthcare directive must be updated for residency in Georgia, this standby guardian designation must be updated to include someone who lives in Georgia.
These are just a few of the estate planning items that should be considered and updated now that you live in Georgia. While this list is a good start, it is not exhaustive.
We’d love to discuss your entire estate plan and what your best moves are now that you live in the Peach State! Call us at (404) 736-6066 or visit our website to schedule a consultation.
