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Georgia Last Will and Testament

A Georgia will needs two witnesses, not a notary, and does not recognize holographic (handwritten) wills. Free will template. Attorney review available.

Introduction

A last will and testament is a legal document that states who receives your property when you die and names the person, called your executor, who will administer your estate and carry out those instructions. It can also name a guardian for your minor children. In Georgia a will is valid only if it is attested and subscribed in the presence of the testator (the person making the will) by two or more competent witnesses, per O.C.G.A. Section 53-4-20. A witness may attest by mark, but no one else may subscribe a witness's name for them. Naming a beneficiary as a witness is risky: under O.C.G.A. Section 53-4-23 the witness stays competent, but the gift to that witness becomes void unless at least two other subscribing witnesses are not beneficiaries. Georgia does not require a notary to make the will itself valid; the two witnesses are what makes it legal. A notary is used only for the optional self-proving affidavit under O.C.G.A. Section 53-4-24, a sworn statement that lets the will skip live witness testimony at probate. Georgia does not recognize holographic (handwritten, unwitnessed) wills; a will entirely in your own handwriting still needs two competent witnesses under Section 53-4-20 to be valid. Any competent individual 14 years of age or older may make a will under O.C.G.A. Section 53-4-10, so long as they are of sound mind under Section 53-4-11. Attorney review is available as an option before you sign.

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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).

Key decisions before you file

Before you file a Last Will and Testament in Georgia, a few decisions shape the document: which option to choose and what each one means. The Last Will and Testament guide walks through them.

Open the Last Will and Testament guide

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GEORGIA LAST WILL AND TESTAMENT

  1. DECLARATION AND REVOCATION OF PRIOR WILLS I, [TESTATOR NAME], a resident of [COUNTY] County, Georgia, being of sound mind, declare this to be my Last Will and Testament. I revoke all prior wills and codicils I have made.

  2. EXECUTOR APPOINTMENT I appoint [EXECUTOR NAME] of [CITY], Georgia, to serve as executor of my estate. If that person is unable or unwilling to serve, I appoint [SUCCESSOR NAME] as successor executor. My executor shall have all powers granted under Georgia law to administer my estate, pay my debts and expenses, and distribute my property according to this will.

  3. DISPOSITION OF PROPERTY [INSERT specific gifts and bequests here: describe each item or sum of money and the beneficiary who receives it. If naming a guardian for minor children, state that here as well.]

  4. RESIDUARY CLAUSE I give all the rest and residue of my estate, meaning everything not specifically given above, to [RESIDUARY BENEFICIARY NAME]. If that beneficiary does not survive me, I give the residue to [ALTERNATE BENEFICIARY NAME].

  5. ATTESTATION CLAUSE I sign this will in the presence of the two witnesses named below, and I declare to them that this document is my Last Will and Testament. Under O.C.G.A. Section 53-4-20 this will must be attested and subscribed in my presence by two or more competent witnesses, and a beneficiary should not be one of the witnesses, since under Section 53-4-23 the gift to a witness-beneficiary is void unless at least two other subscribing witnesses are not beneficiaries.

Signed: _____________________________ Date: [DATE] [TESTATOR NAME], Testator

Witness 1: _____________________________ Address: [ADDRESS] [WITNESS 1 NAME]

Witness 2: _____________________________ Address: [ADDRESS] [WITNESS 2 NAME]

  1. SELF-PROVING AFFIDAVIT (OPTIONAL) Georgia recognizes a self-proving affidavit under O.C.G.A. Section 53-4-24. Attaching this sworn, notarized affidavit lets the will be admitted to probate without locating the witnesses later. It requires a notary public, the only signature block in this document that does.

STATE OF GEORGIA, COUNTY OF [COUNTY] We, [TESTATOR NAME], [WITNESS 1 NAME], and [WITNESS 2 NAME], being duly sworn, declare to the notary that the testator signed this will and that each witness signed as a witness in the presence of the testator.

_____________________________ (Testator) _____________________________ (Witness 1) _____________________________ (Witness 2)

Sworn to and subscribed before me by [TESTATOR NAME], [WITNESS 1 NAME], and [WITNESS 2 NAME], this [DATE].

Notary Public, State of Georgia

Note: This will is governed by O.C.G.A. Title 53, Chapter 4. Do not name a beneficiary as one of your two witnesses if you can avoid it, since under Section 53-4-23 that witness's own gift can be voided even though the will itself stays valid. Keep this signed will, and the self-proving affidavit if you complete one, somewhere safe and tell your executor where to find both documents when the time comes. This is a Georgia skeleton for a last will and testament, not a substitute for reviewing your full estate plan. For the complete, customizable template, see the full Last Will and Testament template.

Once your Last Will and Testament is ready, you can check whether it needs to be notarized in Georgia in about a minute, and notarize it online through DocDraft if it does.

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).

Does your Last Will and Testament need to be notarized in Georgia?

Whether a Last Will and Testament needs to be notarized depends on your state. Upload yours, pick your state, and get the current rule with the official source behind it, free and with no account. If yours does need a notary, online notarization is part of your DocDraft plan.

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Frequently Asked Questions

Two. 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 beneficiary can serve as one of the two witnesses and the will still stands, but under O.C.G.A. Section 53-4-23 the gift to that witness becomes void unless at least two other subscribing witnesses are not beneficiaries, so using disinterested witnesses is the safer practice.

No, not to be valid. A Georgia will is made valid by two competent attesting witnesses under O.C.G.A. Section 53-4-20, not by a notary. A notary is used only for the optional self-proving affidavit under O.C.G.A. Section 53-4-24, a sworn statement the testator and witnesses sign before a notary that lets the will skip live witness testimony at probate. Skipping the affidavit does not make the will invalid, it just means witnesses may need to testify later.

Not on handwriting alone. Georgia does not recognize holographic wills. O.C.G.A. Section 53-4-20 requires every will, including one entirely in the testator's own handwriting, to be attested and subscribed in the testator's presence by two or more competent witnesses. Without those two witnesses, a handwritten document is not a validly executed will.

Put your wishes in writing, sign or acknowledge your signature, and have two or more competent witnesses attest and subscribe the will in your presence, per O.C.G.A. Section 53-4-20. Naming an executor and, if applicable, a guardian for minor children are the other core decisions the document should cover. Consider adding the optional self-proving affidavit under Section 53-4-24 at signing to simplify probate later.

A valid Georgia will must be made by a testator who is at least 14 (O.C.G.A. Section 53-4-10) and of sound mind (Section 53-4-11), and it must be attested and subscribed in the testator's presence by two or more competent witnesses under Section 53-4-20. A notary is not required for validity, only for the optional self-proving affidavit.

It is an optional sworn affidavit of the testator and the attesting witnesses, made before a notary public, that can be attached to the will under O.C.G.A. Section 53-4-24. A self-proved will can be admitted to probate without the testimony of any subscribing witness, though in every other respect it is treated the same as a will that is not self-proved.

14. O.C.G.A. Section 53-4-10 lets any individual 14 years of age or older make a will unless they are under a legal disability arising from a want of capacity or a want of perfect liberty of action. The testator must also meet the sound-mind capacity standard in Section 53-4-11.

By a later will or codicil that revokes it, expressly or by inconsistency, per O.C.G.A. Sections 53-4-40 through 53-4-43; by physical destruction or obliteration of the will by the testator, or by another at the testator's direction, done with intent to revoke, under Section 53-4-44; or by operation of law on a final divorce or annulment, where provisions for the former spouse take effect as if that spouse had predeceased the testator, under Section 53-4-49.