Georgia Last Will and Testament

Introduction

Key Things to Know

1. 1

   A last will and testament is a legal document that states who receives your property and who administers your estate after you die. It can also name a guardian for minor children.

2. 2

   Georgia requires two witnesses. O.C.G.A. Section 53-4-20 requires the will to be attested and subscribed in the presence of the testator by two or more competent witnesses; a witness may attest by mark, but no one else may sign a witness's name for them.

3. 3

   An interested witness voids their own gift. Under O.C.G.A. Section 53-4-23 a beneficiary who witnesses the will remains a competent witness, but the gift to that witness is void unless at least two other subscribing witnesses are not beneficiaries.

4. 4

   A self-proving affidavit is available and needs a notary. O.C.G.A. Section 53-4-24 lets you make the will self-proved with sworn affidavits of the testator and witnesses before a notary public, so the will can be admitted to probate without locating the witnesses later.

5. 5

   Georgia does not recognize holographic wills. A will entirely in the testator's own handwriting still must be attested and subscribed by two competent witnesses under Section 53-4-20; handwriting alone never substitutes for witnesses.

6. 6

   The will itself needs witnesses, not a notary. No notary is required to execute a valid Georgia will; a notary is needed only if you choose to add the optional self-proving affidavit described above.

7. 7

   Minimum age is 14, with sound mind. O.C.G.A. Section 53-4-10 lets any individual 14 or older make a will unless under a legal disability from lack of capacity or lack of liberty of action; the capacity standard in Section 53-4-11 asks only for a decided and rational desire about disposing of property. Revoke a prior will with a later will or codicil, physical destruction done with intent to revoke, or by operation of law on a final divorce (Sections 53-4-40, 53-4-44, 53-4-49).

Georgia Requirements for Last Will and Testament

• Attest and Subscribe With Two Competent Witnesses

  Georgia requires the will to be attested and subscribed in the presence of the testator by two or more competent witnesses, under O.C.G.A. Section 53-4-20. A witness may attest by mark, but another individual may not subscribe a witness's name for them.

• Witnesses Must Be Age 14 or Over

  Under O.C.G.A. Section 53-4-22, any individual who is competent to be a witness and age 14 or over may witness a Georgia will. A witness's later incompetence does not prevent the will from being probated.

• An Interested Witness Can Void Their Own Gift

  Under O.C.G.A. Section 53-4-23, a beneficiary who witnesses the will remains a competent witness, but the testamentary gift to that witness is void unless at least two other subscribing witnesses to the will are not beneficiaries. Using disinterested witnesses avoids this risk entirely.

• No Notary Is Required for the Will Itself

  A notary is not required to make a Georgia will valid; two competent attesting witnesses satisfy O.C.G.A. Section 53-4-20. A notary is needed only if you add the optional self-proving affidavit under Section 53-4-24.

• Self-Proving Affidavit Is Optional but Needs a Notary

  O.C.G.A. Section 53-4-24 lets you make the will self-proved with sworn affidavits of the testator and the attesting witnesses before a notary public. This avoids having to locate witnesses at probate, but is not required for the will itself to be valid.

• Holographic (Handwritten, Unwitnessed) Wills Are Not Recognized

  Georgia does not recognize holographic wills. O.C.G.A. Section 53-4-20 requires attestation and subscription by two or more competent witnesses with no exception for a will entirely in the testator's own handwriting.

• Minimum Age and Capacity to Make a Will

  Under O.C.G.A. Section 53-4-10, any individual 14 years of age or older may make a will unless under a legal disability from a want of capacity or a want of perfect liberty of action. Section 53-4-11 sets the capacity standard as a decided and rational desire about the disposition of property.

• Revoke With a Later Will, Physical Act, or Divorce

  Revoke a Georgia will with a later will or codicil (O.C.G.A. Sections 53-4-40 to 53-4-43), by physical destruction or obliteration done with intent to revoke (Section 53-4-44), or by operation of law: a final divorce or annulment treats the former spouse as having predeceased the testator (Section 53-4-49).