Is an Online Will Legal in Georgia?
An online service can prepare a valid Georgia will, but execution happens on paper: the testator signs (or acknowledges the signature) and two or more competent witnesses attest and subscribe in the testator's presence. Georgia recognizes no holographic, oral, or electronic shortcut, so the witnessed paper signing is the only path for a will executed in this state.
The Answer at a Glance
Prepare the will online
ValidWhether a will drafted with online software can become a valid Georgia will.
Sign it fully remotely
Paper signingWhether Georgia recognizes an electronic will executed without an in-person paper signing.
What this means for you
Notarization is not required for validity. Adding the 53-4-24 self-proving affidavit before a notary at signing lets the will be probated without tracking down witnesses. Keep beneficiaries out of the witness line: a witness-beneficiary's own gift is void unless two other disinterested witnesses signed, and a gift to a witness's spouse invites a credibility challenge even though the statute does not void it. Georgia's code text is published through the state's public-access portal; confirm any detail there or with a Georgia attorney.
What Georgia Law Requires
The governing law is O.C.G.A. Title 53, Chapter 4 (Wills), Revised Probate Code of 1998; foreign and out-of-state wills at O.C.G.A. §§ 53-5-30 to 53-5-41. Each rule below links to the official source it was read from.
| Requirement | The Georgia rule | Statute |
|---|---|---|
| Who can make a will | Age 14 or older, testamentary capacity: a decided and rational desire as to the disposition of property (the § 53-4-11 standard). | O.C.G.A. §§ 53-4-10, 53-4-11 |
| Written document | Required. | O.C.G.A. § 53-4-20 |
| Signature | The testator signs. Some other individual may sign for the testator in the testator's presence and at the testator's express direction. | O.C.G.A. § 53-4-20(a) |
| Witnesses | 2. The will must be 'attested and subscribed in the presence of the testator by two or more competent witnesses' (53-4-20(b), text read at the official portal). The statute requires the witnesses to sign in the testator's presence; it does not require them to sign in the presence of each other. | O.C.G.A. §§ 53-4-20(b), 53-4-22 |
| Notarization | Not required for validity. A self-proving affidavit is optional and speeds probate. | O.C.G.A. § 53-4-24 |
Signing Day in Georgia
The will must be 'attested and subscribed in the presence of the testator by two or more competent witnesses' (53-4-20(b), text read at the official portal). The statute requires the witnesses to sign in the testator's presence; it does not require them to sign in the presence of each other.
An individual 14 years of age or older who is competent may witness (53-4-22 text verified: 'Any individual who is competent to be a witness and age 14 or over may witness a will'), and a witness who later becomes incompetent does not defeat probate. A witness may attest by mark, but 'Another individual may not subscribe the name of a witness, even in that witness's presence and at that witness's direction.' Georgia case law (line-of-vision annotations under 53-4-20) governs how the testator-presence test is applied; in practice the testator signs or acknowledges the signature before both witnesses.
The self-proving step worth adding
53-4-24 text read at the official portal: at execution 'or at any subsequent date during the lifetime of the testator and the witnesses,' a will may be made self-proved by affidavits of the testator and attesting witnesses before a notary public, evidenced by a certificate under official seal; a self-proved will may be admitted to probate without witness testimony. Timing: at execution or at any time afterwards during the lifetimes of the testator and the witnesses.
Choose witnesses carefully
53-4-23(a), text read at the official portal: 'If a subscribing witness is also a beneficiary under the will, the witness shall be competent; but the testamentary gift to the witness shall be void unless there are at least two other subscribing witnesses to the will who are not beneficiaries under the will.'
Shortcuts Georgia Does and Does Not Recognize
Handwritten (holographic) wills
NoGeorgia does not recognize unwitnessed holographic wills: § 53-4-20 requires attestation and subscription by two or more competent witnesses, and Chapter 4 contains no holographic-will provision (TOC verified 2026-08-16: Article 1 General Provisions, Article 2 Testamentary Capacity, Article 3 Execution and Attestation §§ 53-4-20 to 53-4-24, Article 4 Joint or Mutual Wills, Article 5 Revocation and Republication, Article 6 Construction of Will; Testamentary Gifts). A will in the testator's handwriting is valid only if executed with the full two-witness formalities. (O.C.G.A. § 53-4-20)
Oral wills
NoThe Revised Probate Code of 1998 carried forward no nuncupative-will provision: the current Chapter 4 contains none (TOC verified 2026-08-16), and § 53-4-20's writing and attestation requirements govern every will. (O.C.G.A. § 53-4-20)
Electronic wills
NoGeorgia has no electronic-wills act and has not adopted the Uniform Electronic Wills Act: § 53-4-20 requires a written instrument attested and subscribed in the testator's presence by two witnesses, and neither Chapter 4 (TOC verified 2026-08-16: Articles 1 through 6, with Article 3 Execution and Attestation running only §§ 53-4-20 to 53-4-24) nor any other Georgia statute authorizes electronic execution or remote witnessing of wills. (O.C.G.A. § 53-4-20)
A Will Signed in Another State
Georgia handles out-of-state and foreign wills through O.C.G.A. Title 53, Chapter 5, Article 5 ('Foreign and Out-of-state Wills; Nondomiciliaries', §§ 53-5-30 to 53-5-41): § 53-5-31 states the requisites for admitting a nondomiciliary's will to probate in Georgia and § 53-5-33 the requisites for ancillary probate of a will already probated in the testator's domicile. The operative conditions (which foreign execution standards Georgia accepts) were not readable at the official access point; read §§ 53-5-30 to 53-5-34 at the source before publishing specifics. (O.C.G.A. §§ 53-5-31, 53-5-33)
Keep Going
- The full Georgia will-requirements guide covers capacity, revocation, and what happens when formalities fail.
- Georgia estate planning sets the will beside the other documents a complete plan needs.
- A Georgia revocable living trust is the main alternative when avoiding probate is the goal.
Frequently Asked Questions
Can I make my will online in Georgia?
Does a Georgia will need to be notarized?
How many witnesses does a Georgia will need?
Are handwritten (holographic) wills valid in Georgia?
Are electronic wills legal in Georgia?
Is a will made in another state valid in Georgia?
SourcesOfficial references used for this page
- Minimum age; conviction of crime.
- Decided and rational desire; incapacity to contract; insanity; advanced age or eccentricity.
- Required writing; signing; witnesses; codicil.
- Competency of witness.
- Testamentary gift to witness or witness's spouse.
- Self-proved will or codicil.
- Requisites for admission to probate.
- Requisites for admission to ancillary probate.
Verified against O.C.G.A. Title 53, Chapter 4 (Wills), Revised Probate Code of 1998; foreign and out-of-state wills at O.C.G.A. §§ 53-5-30 to 53-5-41 on August 16, 2026
Settled Estate is not a law firm, and 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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