Understanding Georgia Wills

FREQUENTLY ASKED QUESTIONS

Answering Your Top Legal Wills Questions

For a will to be legally binding in Georgia, you must be at least 14 years old and mentally competent. The will should be written and signed by you and 2 witnesses. A notarized self-proving affidavit is advised. Meeting these criteria ensures your will’s validity and court acceptance after death. Watch Why You Shouldn’t Write Your Own Will.

While not having a notary for your will isn’t invalid, it often causes far more trouble long term. Working with an estate planning attorney and notary is much more efficient. A notarized will with a special affidavit and 2 witnesses is called a “self-proving will.” Witnesses will not be required to testify in court that the signatures are theirs. Siedentopf Law provides witnesses and/or notary at scheduled in-office visits. Learn more by watching Why You Shouldn’t Write Your Own Will.

No. 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. Watch Is A Holographic (Handwritten) Will Valid In Georgia?

Maybe. However, you should be aware of some of the risks associated with naming guardians for your children in your will including:
Naming only one person as a guardian with no backup
Choosing one or several guardians 5 or more years ago
If the named guardian ever becomes disabled or incapacitated
If your child’s guardian is not the same person in charge of your finances
Don’t make the same mistakes as other Georgia residents. Watch How Naming Guardians for Your Kids in Your Will Can Leave Them at Risk.

A trust or estate planning attorney helps individuals protect their interests and ensure proper estate management and distribution when necessary.

The best time to review your will is about every 3-5 years or after a major life event like marriage, divorce, birth, or legal adoption of a child.

Generally, yes. Georgia law does protect spouses and minor children from complete disinheritance.

Choose someone trustworthy, responsible, and capable of handling financial matters. More importantly, speak to your chosen executor about including them in your will to avoid future confusion.

Yes. However, we recommend having a separate document as the will may not be read immediately after your death.

Yes, you can modify your will by creating a codicil or writing a new will that revokes the old one.
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What To Know About Wills In Georgia

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Child Guardianship Pour-Over Wills Codicils Duties of a Guardian Intestacy Laws Revocation of a Will Types of Wills Types of Trusts

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