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Georgia Estate Planning Basics: The Documents Every Adult Needs
Support GuideGeorgia11 min read

Georgia Estate Planning Basics: The Documents Every Adult Needs

Georgia estate planning basics under O.C.G.A. Title 53. Learn the will, financial power of attorney, and health care directive every adult should set up, plus probate and tax.

By Settled Editorial

Estate planning in Georgia comes down to a few clear documents and a few clear decisions. Who gets your property. Who speaks for your money if you cannot. Who makes your medical choices if you are unable to. Get those settled, and you spare your family a slower, costlier path later.

This guide is an overview. It walks through the three documents most Georgia adults should set up, how Georgia probate works, the state small-estate options, the tax picture, and what happens if you die with no will. Each section links to a deeper Georgia guide when you want the detail.

The Three Documents Every Georgia Adult Should Consider

Most people do not need a complicated plan. They need three things in place: a will, a financial power of attorney, and a health care directive. Here is what each one does.

1. A Last Will and Testament

A will says who receives your property and who manages your estate after you die. It also lets you name a guardian for minor children.

What a Georgia will does:

  • Names who inherits your probate property
  • Names an executor to handle the estate
  • Names a guardian for minor children
  • Can set up a trust for a young or vulnerable beneficiary

Georgia signing rules:

Georgia keeps the rules simple. Under O.C.G.A. Section 53-4-20, a valid will must be in writing, signed by the person making it, and witnessed by two competent people. Georgia sets the age low: under O.C.G.A. Section 53-4-10, anyone 14 or older with capacity may make a will. The State of Georgia's own guidance adds a practical warning: your two witnesses should not be people who inherit under the will.

You can also make your will self-proved. Under O.C.G.A. Section 53-4-24, a will signed with a notarized affidavit from the witnesses can be admitted to probate without tracking those witnesses down years later. For the full witness rules, the self-proving affidavit, and the mistakes that void a will, read the Georgia will requirements guide.

What a will does not do:

  • It does not avoid probate. A will is the instruction set for probate, not a way around it.
  • It does not help while you are alive. A will only takes effect at death.
  • It cannot move assets that already have a beneficiary, like life insurance or a retirement account.

2. A Durable Financial Power of Attorney

A financial power of attorney lets someone you trust handle money matters if you cannot. Without one, your family may have to ask a court to appoint a conservator, which costs time and money.

What it does:

  • Names an agent to act on your finances
  • Covers banking, bills, property, and similar matters
  • Stays in effect if you lose capacity, when it is durable

Georgia adopted the Georgia Power of Attorney Act, found at O.C.G.A. Title 10, Chapter 6B. Under that act, a Georgia power of attorney is durable by default under O.C.G.A. Section 10-6B-4, so it survives your later incapacity unless the document says otherwise. The signing rules sit in O.C.G.A. Section 10-6B-5. The act also includes a statutory form many people use as a starting point.

A durable power of attorney ends at your death. After that, your executor takes over. To set one up correctly, see the Georgia power of attorney guide.

3. A Health Care Advance Directive

Georgia uses one combined document for medical planning: the Georgia Advance Directive for Health Care. It replaced the older living will and durable power of attorney for health care.

What it does:

The Georgia Attorney General's Consumer Protection Division describes three parts:

  • Health care agent: names a person to make medical decisions for you if you cannot make them yourself
  • Treatment preferences: states what life-sustaining treatment you want provided, withheld, or withdrawn
  • Guardianship: lets you name who you would want as guardian if a court ever decides you need one

The advance directive law lives in O.C.G.A. Title 31, Chapter 32. The state Division of Aging Services publishes the official form free of charge. To set up your agent and treatment wishes, see the Georgia healthcare directive guide.

If you have minor children, also think about who would raise them. A will names a guardian, and the Georgia guardianship planning guide covers how that choice works.

Should You Add a Living Trust?

A will is enough for many Georgia families. Some add a revocable living trust to keep assets out of probate and to manage property during incapacity.

A Georgia revocable living trust holds your assets during life and passes them at death without probate, but only for the assets you actually transfer into it. An unfunded trust does nothing. A trust costs more to set up than a will and takes ongoing attention to keep funded.

Not sure which fits? Our national will vs trust comparison lays out the tradeoffs side by side. For most younger families with modest assets, a solid will plus a power of attorney and an advance directive is the right starting plan.

How Probate Works in Georgia

Probate is the court process that settles an estate after death. In Georgia, it runs through the probate court in the county where the person lived. The Georgia probate code sits in O.C.G.A. Title 53.

Here is the short version of what happens:

  1. Someone files the will, if there is one, with the county probate court.
  2. The court appoints a personal representative. With a will, that person is the executor. Without one, the court issues letters of administration to an administrator.
  3. The representative inventories assets, notifies creditors, pays valid debts, and files any required returns.
  4. The representative distributes what is left to the heirs or beneficiaries.

The timeline depends on the estate. A clean, uncontested estate can wrap up in months. A contested or complicated one can run much longer. For the full process, the court forms, and the county filing details, read the Georgia probate guide.

Georgia Small-Estate Options

Georgia does not use a single dollar small-estate affidavit the way some states do. It has a few narrower paths instead.

No administration necessary. Under O.C.G.A. Section 53-2-40, an heir can ask the probate court for an order that no administration is needed. It applies when the person died with no will, the heirs agree on how to divide the estate, and debts are handled or creditors consent. The Supreme Court of Georgia publishes the form for this, GPCSF 9. See the Georgia no administration necessary guide.

Small bank-deposit affidavit. Under O.C.G.A. Section 7-1-239, a bank or credit union may release a deposit of not more than $15,000 to certain family members when the depositor died with no will and the bank receives the affidavit the statute requires. This path moves a small account only. It does not transfer real estate, vehicles, or the whole estate.

Both of these are after-death tools, not part of your living plan. If you are planning ahead, the better move is to set up beneficiary designations and the right documents now so your family has fewer hoops later.

Georgia Estate and Inheritance Tax

Good news on taxes. The Georgia Department of Revenue confirms Georgia has no state estate tax and no inheritance tax. The Department states that on and after July 1, 2014, no Georgia estate taxes are levied and no Georgia estate tax returns are required.

A few things can still apply:

  • The federal estate tax can reach very large estates, though the exemption is high and most estates owe nothing. Confirm the current federal threshold for the year of death.
  • Final income tax and fiduciary income tax filings may still be due.
  • Property and transfer taxes can come up when real estate changes hands.

For the detail on what does and does not apply, see the Georgia estate tax guide.

What Happens If You Die With No Will

If you die without a valid will in Georgia, the state's intestate succession rules decide who inherits your probate property. Those rules live at O.C.G.A. Section 53-2-1.

Here is the general order:

  • Spouse, no children or other descendants: the surviving spouse is the sole heir.
  • Spouse and children: the spouse and children share equally, except the spouse's share can never be less than one-third. Descendants of a child who died before you take that child's share by branch.
  • No spouse: the estate passes to the nearest relatives in the order the statute sets, starting with children and their descendants, then parents, then siblings, and outward from there.

These shares may not match what you would have chosen. A blended family, a stepchild, an unmarried partner, or a favorite charity can all be left out by the default rules. Writing a will is how you replace the state's plan with your own. For the full share tables and special rules, read the Georgia intestate succession guide.

How This Fits Into Your Estate Plan

Think of these pieces as one connected plan, not separate errands.

  • Your will directs your property and names guardians and an executor.
  • Your financial power of attorney covers your money if you cannot manage it during life.
  • Your advance directive covers your medical care and names your health care agent.
  • Beneficiary designations on accounts and policies pass outside probate, so keep them current.
  • A trust is optional and helps mainly with probate avoidance and incapacity management.

Review the plan after big life changes: marriage, divorce, a birth, a death, a move to Georgia from another state, or a large change in what you own. Out-of-state documents may not match Georgia's rules, so have them checked after a move.

If you want a broader starting point that is not state-specific, our national estate planning overview covers the same building blocks.

The Bottom Line

Estate planning in Georgia is more approachable than most people expect. Three documents handle the foundation: a will, a durable financial power of attorney, and a health care advance directive. Georgia has no estate or inheritance tax, the will rules are straightforward, and the state offers narrow small-estate paths for simple cases. The biggest risk is doing nothing and leaving Georgia's default rules to decide for your family.

Start with the document you are missing. Then keep the plan current as life changes.

Official Sources

Sources

This guide is general information, not legal advice. Consult a qualified attorney about your situation. It is not legal advice.

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Information current as of June 19, 2026

This content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Georgia can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.

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