Making a Will in Georgia: Rules You Need to Know

Who can make a will in Georgia?

In Georgia you must be at least 14 to make a will — one of the lowest ages in the country — and of sound mind. Sound mind means you understand you are making a will, know generally what you own, and recognize your heirs.

Although the minimum age is low, the will must still meet Georgia's signing and witnessing formalities to be valid.

What are the witness and notary rules?

A Georgia will must be signed by you and witnessed by two competent people who sign in your presence. Georgia does not recognize holographic (unwitnessed handwritten) wills, so the two-witness requirement applies to everyone.

Notarization is not required for validity, but Georgia allows a self-proving affidavit before a notary, which lets the probate court admit the will without the witnesses appearing.

• Two competent witnesses who sign in your presence.
• No holographic (handwritten, unwitnessed) wills.
• A self-proving affidavit before a notary streamlines probate.

What does Georgia call the executor?

Georgia uses the term executor for the person named in a will and administrator for one appointed by the court without a will. Both are Personal Representatives. Georgia lets you grant your executor expanded powers so they can serve with limited court oversight.

The probate court admits the will and issues letters testamentary confirming the executor's authority.

What happens if you die without a will in Georgia?

If you die intestate, Georgia divides your estate among your spouse and children in equal shares, except that the spouse always receives at least one-third. With no spouse or children, the estate passes to other relatives.

Intestacy means the court appoints an administrator and you lose any say over your executor or a guardian for minor children.

Is probate required in Georgia?

Probate is usually required for solely owned assets. Georgia is known for streamlined probate when you appoint an executor with full powers, which reduces court supervision and cost.

Assets with beneficiary designations or joint ownership pass outside probate, and very small estates may avoid formal administration.

Can you make a Georgia will online?

Yes. A properly signed and witnessed online will is valid in Georgia. iFinallyWill produces a Georgia-specific will and powers of attorney in about 20 minutes, with lifetime updates and a 60-day guarantee.

iFinallyWill supports all 50 states and every Canadian province. For larger estates or to take full advantage of Georgia's executor-powers rules, consider local legal advice.

Frequently asked questions

What age can you make a will in Georgia?

Georgia allows anyone 14 or older who is of sound mind to make a will — one of the lowest minimum ages in the United States.

Does Georgia allow handwritten wills?

No. Georgia does not recognize holographic (handwritten, unwitnessed) wills. A valid Georgia will must be signed by two witnesses.

What does it mean to grant an executor full powers in Georgia?

It lets the executor administer the estate with minimal court supervision, which keeps Georgia probate faster and less expensive. You include the language in your will.

How is an intestate estate divided in Georgia?

Among the spouse and children in equal shares, but the spouse always receives at least one-third. With no spouse or children, more distant relatives inherit.