How to Make a Valid Will in Georgia
What Georgia law requires for a valid will: age, signing, witnesses, handwritten wills and self-proving affidavits.
Short answer: Anyone 14 or older may make a will unless they lack mental capacity or full freedom of action. The will must be in writing and signed by the will-maker (or by another person in the will-maker's presence and at their direction), and attested and signed in the will-maker's presence by at… O.C.G.A. §§ 53-4-10, 53-4-20
| Requirements for a valid will | Anyone 14 or older may make a will unless they lack mental capacity or full freedom of action. The will must be in writing and signed by the will-maker (or by another person in the will-maker's presence and at their direction), and attested and signed in the will-maker's presence by at least two competent witnesses. Official code not freely readable online; text verified on a public code mirror (code year 2024). Source: O.C.G.A. §§ 53-4-10, 53-4-20 |
|---|---|
| Handwritten (holographic) wills | No. Georgia has no separate rule for handwritten wills; every will, handwritten or not, must be signed and attested by at least two competent witnesses. Official code not freely readable online; text verified on a public code mirror (code year 2024). Source: O.C.G.A. § 53-4-20 |
| Self-proving affidavit | Yes. The will-maker and the witnesses may sign an affidavit before a notary public, either when the will is signed or later while they are all alive. With the notary's certificate attached, the will can be admitted to probate without testimony from the witnesses. The statute gives the affidavit wording. Official code not freely readable online; text verified on a public code mirror (code year 2024). Source: O.C.G.A. § 53-4-24 |
More Georgia estate law
- Medical Power of Attorney in Georgia
- Small Estate Affidavit in Georgia
- Power of Attorney in Georgia
- Quitclaim Deeds and Transferring Property in Georgia
- Who Inherits If You Die Without a Will in Georgia
- How Probate Works in Georgia
- Living Wills and Advance Directives in Georgia
- Revocable Living Trusts in Georgia
- Executor Duties in Georgia
- Letters Testamentary in Georgia
- Affidavit of Heirship in Georgia
- How to Avoid Probate in Georgia
- Transferring a Car After Someone Dies in Georgia
- All Georgia wills, probate and estate rules
FAQ
What makes a will valid in Georgia?
Anyone 14 or older may make a will unless they lack mental capacity or full freedom of action. The will must be in writing and signed by the will-maker (or by another person in the will-maker's presence and at their direction), and attested and signed in the will-maker's presence by at least two competent witnesses.
Is a handwritten will valid in Georgia?
No. Georgia has no separate rule for handwritten wills; every will, handwritten or not, must be signed and attested by at least two competent witnesses.
Does a will need to be notarized in Georgia?
Yes. The will-maker and the witnesses may sign an affidavit before a notary public, either when the will is signed or later while they are all alive. With the notary's certificate attached, the will can be admitted to probate without testimony from the witnesses. The statute gives the affidavit wording.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.