Wills in Georgia
A valid Georgia will requires the testator to be at least 14 years old and of sound mind, the will to be in writing and signed, and two or more witnesses to attest and subscribe. Georgia does not recognize handwritten wills without witnesses or oral wills.
By Find Local Law Editorial Team · Last reviewed: May 26, 2026
Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.
This is general information, not legal advice. A Georgia estate planning attorney can help with your specific situation.
Who Can Make a Will in Georgia
Georgia sets one of the lowest age thresholds in the country: you must be at least 14 years old and of “sound and disposing mind and memory” to execute a valid will (O.C.G.A. § 53-4-10). Most states require the testator to be 18. The sound mind requirement means you understand the nature of making a will, the general character and extent of your property, the natural objects of your bounty (family members and loved ones), and how the will distributes that property.
The Two-Witness Requirement
Every Georgia will must be in writing, signed by the testator, and attested and subscribed by two or more witnesses in the testator’s presence (O.C.G.A. § 53-4-20). There is no notarization requirement for basic will validity, though notarization is used for the self-proving affidavit described below. Both witnesses should sign promptly after watching the testator sign.
The Interested Witness Rule
A beneficiary under a will may serve as a witness, but there is a cost: if a subscribing witness is also a beneficiary, that witness’s bequest is void — they receive nothing under the will — unless at least two other disinterested witnesses also signed (O.C.G.A. § 53-4-23). The will itself remains fully valid; only that one witness’s gift is affected. To avoid any complications, it is safest to choose witnesses who receive nothing under the will.
Self-Proving Affidavit
After the will is signed and witnessed, the testator and both witnesses may sign a self-proving affidavit before a notary public (O.C.G.A. § 53-4-24). This affidavit allows the will to be admitted to probate without requiring the witnesses to appear and testify in court — a significant practical advantage if witnesses have moved, become ill, or died by the time the will is probated.
No Holographic or Oral Wills
Georgia does not recognize holographic (handwritten, unwitnessed) wills. Even a document written entirely in the testator’s own handwriting and clearly expressing their wishes is invalid without two witnesses. Georgia also does not recognize oral (nuncupative) wills — the writing requirement in O.C.G.A. § 53-4-20 is absolute.
What Happens Without a Will: Intestate Succession
If you die without a valid will, Georgia’s intestate succession statute (O.C.G.A. § 53-2-1) distributes your estate according to a fixed formula. If you leave a spouse but no children, your spouse takes everything. If you leave a spouse and one child, each takes 50 percent. If you leave a spouse and two or more children, the spouse takes at least one-third and the remainder is divided equally among the children. If you leave no spouse and no children, your estate passes to your nearest kin, starting with parents and then siblings. Intestate succession cannot account for close friends, unmarried partners, stepchildren, or charities — only a valid will can do that.
Will Contests
A will probated in common form may be contested for up to four years after probate. A will probated in solemn form may only be contested within ten days after a person receives formal notice of the proceeding (O.C.G.A. § 53-5-3). Solemn form probate — which requires notice to all heirs — therefore provides much stronger finality for the estate.
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Start your free intakeFrequently asked questions
- What is the minimum age to make a will in Georgia?
- You must be at least 14 years old and of sound mind (O.C.G.A. § 53-4-10). This is one of the lowest age thresholds in the country — most states require 18.
- Can a beneficiary witness my Georgia will?
- A beneficiary can serve as a witness, but if a subscribing witness is also a beneficiary, that witness's bequest under the will is void — unless at least two other disinterested witnesses also sign (O.C.G.A. § 53-4-23). The will itself remains valid.
- Does Georgia recognize handwritten wills?
- No. Georgia requires two witnesses for every will (O.C.G.A. § 53-4-20). A handwritten will with no witnesses is not valid, even if entirely in the testator's own handwriting.
Sources
Related guides
- Estate and Inheritance Taxes in Georgia Georgia eliminated its state estate tax effective July 1, 2014, and has never had a state inheritance tax. For 2026, the federal estate tax exemption is $15,000,000 per individual under the One Big Beautiful Bill Act (signed July 4, 2025), leaving the vast majority of Georgia estates with no estate tax exposure at either the state or federal level.
- Georgia Advance Directive for Health Care Georgia's Advance Directive for Health Care (O.C.G.A. §§ 31-32-1 through 31-32-14) is a combined document that names a healthcare agent to make medical decisions on your behalf AND states your treatment preferences for end-of-life care. It replaced Georgia's old living will and durable power of attorney for health care when the Act took effect July 1, 2007.
- Naming a Guardian for Your Children in a Georgia Will Georgia law allows any parent to nominate a guardian for their minor children in a will (O.C.G.A. § 29-2-4). If the child has no other living parent when the will is probated, letters of guardianship are issued to the nominated person without a hearing. If the other parent is alive, that parent generally has superior guardianship rights.
- Powers of Attorney in Georgia Georgia's Power of Attorney Act (O.C.G.A. §§ 10-6B-1 et seq., effective July 1, 2017) makes POAs durable by default — they survive the principal's incapacity unless the document says otherwise. The Act also expressly permits springing (conditional) POAs and requires notarization plus one witness.
- Trusts in Georgia A revocable living trust in Georgia holds your assets during your lifetime and passes them directly to beneficiaries at death — bypassing the county probate court entirely. Governed by the Revised Georgia Trust Code (O.C.G.A. Title 53, Chapter 12), trusts must be created in writing and signed by the settlor. Georgia does not require trusts to be registered.
- Related area: Probate in Georgia