Georgia Will Requirements: How to Make a Valid Will in Georgia

Georgia will requirements are clear, and they are set by statute. A will that does not meet Georgia's signing and witness rules can be thrown out, which means your property would pass under Georgia's intestate succession laws instead of your wishes. Georgia does not recognize handwritten (holographic) or spoken (oral) wills. Proper execution is what makes the document hold up.

This guide explains what you need for a valid Georgia will, the witness rules, the self-proving affidavit, and the mistakes that cause wills to fail. The rules live in the Official Code of Georgia Annotated (O.C.G.A.), Title 53, Chapter 4.

Basic Georgia Will Requirements

Under O.C.G.A. Section 53-4-20, a valid Georgia will must be in writing, signed by the person making it, and witnessed by two competent people. Here is each piece.

Who Can Make a Will in Georgia

1. Age Requirement Georgia sets the age low. Under O.C.G.A. Section 53-4-10, any individual who is 14 years of age or older may make a will, unless they are under a legal disability tied to a lack of capacity or a lack of free will. Most states require age 18, so this is a point that surprises many people. A criminal conviction does not strip away the power to make a will.

2. Mental Capacity (Sound Mind) Georgia law (O.C.G.A. Sections 53-4-11 and 53-4-12) requires a sound mind and a decided, rational desire about how to give away your property. At the time of signing, you should:

Understand that you are signing a will and what a will does
Know the general nature and extent of your property
Remember the people who would normally receive your property, such as a spouse or children
Form a settled plan for who gets what

Georgia courts judge capacity at the moment of signing. A diagnosis of dementia does not automatically mean a lack of capacity. The law also says that old age, weakness of intellect, or eccentric habits do not by themselves take away the capacity to make a will.

3. Free and Voluntary The will must reflect your own choices. Fraud, duress, or undue influence can void a will or the parts affected by it.

Written and Signed Requirements

4. In Writing The will must be a written document. Georgia does not recognize oral (nuncupative) wills under any circumstances.

5. Signed by the Testator You must sign the will. If you cannot sign, another person may sign for you, but only in your presence and at your direction. Georgia allows a signature by mark, or by any name you intend as your signature.

6. Signed With Two Witnesses Present The witnesses must attest and subscribe (sign) the will in your presence. The signing happens as one event, with you and both witnesses together.

Witness Requirements

7. Two Competent Witnesses O.C.G.A. Section 53-4-20 requires two or more competent witnesses. Each witness must:

Sign the will in your presence
Be competent, meaning old enough and able to understand what they are signing

This requirement trips up many DIY wills. All three people, you and both witnesses, should be together for the signing.

Georgia Does NOT Allow Holographic or Oral Wills

Georgia does not recognize holographic wills. A holographic will is one that is handwritten and signed by the maker but has no witnesses. Even if every word is in your own hand, an unwitnessed will is invalid in Georgia.

What This Means:

A handwritten will without two witnesses is not valid in Georgia
You cannot skip the witness step by writing the will yourself
Emergencies do not create an exception
Oral or deathbed wills carry no legal force here

Out-of-State Wills: A will that was valid where you signed it is generally honored in Georgia. So a holographic will made and validly executed in a state that allows them may still work after you move. Relying on that is risky. If you move to Georgia, have your estate plan reviewed.

Self-Proving Will Procedure

A self-proving will includes a sworn affidavit signed in front of a notary. It lets the probate court accept the will without tracking down the witnesses to testify years later.

Self-Proving Affidavit Requirements

Under O.C.G.A. Section 53-4-24, a will or codicil becomes self-proved through an affidavit made before an officer authorized to administer oaths, such as a notary public. In the affidavit, the witnesses swear that:

They signed as witnesses in the testator's presence and at the testator's request
The testator declared the document to be their will or codicil
The testator appeared to be of sound mind and at least 14 years old
Each witness was at least 14 years old

The affidavit and the officer's certificate are the only items needed to make a will self-proved. You can do this when you sign the will or later.

Why Self-Proving Matters

Without a Self-Proving Affidavit:

The court may need to locate a witness years later
Witnesses may have to give sworn statements or testify
A missing or deceased witness can slow probate

With a Self-Proving Affidavit:

A self-proved will can be admitted to probate without testimony from a subscribing witness
It creates a presumption that the will was signed correctly
It removes the problem of witnesses who move away or pass on

Recommendation: Add a self-proving affidavit. There is no good reason to skip it. Note that a self-proved will can still be contested, revoked, or amended the same as any other will.

Does a Georgia Will Have to Be Notarized?

No. The State of Georgia's own guidance confirms a valid will does not have to be notarized. The will itself is valid once it is written, signed, and witnessed by two people. The notary comes in only for the optional self-proving affidavit, which is worth doing.

Who Should Witness a Georgia Will

Competent Witnesses

A witness should be old enough and able to understand they are watching you sign your will, so they could confirm the signing if a question came up later.

Interested vs. Disinterested Witnesses

Georgia handles a witness who is also a beneficiary in a specific way. Under O.C.G.A. Section 53-4-23, an interested witness is still a competent witness, so the will is not void. But the gift to that witness is void unless there are at least two other subscribing witnesses who are not beneficiaries. The State of Georgia's guidance is blunt: your witnesses should not be people who inherit under the will.

Best Practice: Use two disinterested witnesses who receive nothing under the will. That keeps every gift safe and removes any argument about pressure.

Who Makes a Good Witness

Neighbors
Coworkers
Staff at a lawyer's or financial office
Any adult who is not named in your will and is easy to reach later

Avoid Using:

Family members who might inherit
Anyone named to receive a gift
People who may be hard to find in the future

What to Include in a Georgia Will

Core Elements

Every Georgia will should cover:

1. Identification

Your full legal name
A statement that you are a Georgia resident
A statement that this is your Last Will and Testament
A clause revoking all prior wills

2. Family Information

Spouse's name, if married
Children's names
A note if you intend to leave out any heir

3. Gifts and Beneficiaries

Specific Gifts:

Named items to named people
"I give my wedding ring to my daughter Anna"

General Gifts:

Dollar amounts or percentages

Residuary Clause:

Everything not given elsewhere
"I give the rest of my estate to my spouse"
Never skip the residuary clause

4. Executor Appointment

Name your executor, called the personal representative
Name one or more backups
You can ask that the executor serve without bond and with broad powers, which speeds up the probate process

5. Guardian Nomination (if applicable)

Name a guardian for minor children
Name an alternate
A will is the standard place to do this

Worth Adding

Survivorship Clause: Requires a beneficiary to outlive you by a set number of days to inherit.

No-Contest Clause: Discourages challenges by cutting a share for anyone who contests and loses.

Testamentary Trust: Holds assets for minor children or a beneficiary who needs help managing money.

Year's Support Note: Georgia gives a surviving spouse and minor children the right to ask for year's support from the estate, which can take priority over gifts in your will. Plan around it.

Common Mistakes That Invalidate Georgia Wills

Execution Errors

Missing a Witness: Only one witness, or witnesses who did not sign in your presence, can sink the will.

Signature Problems: Not signing, or signing without both witnesses present.

Using Beneficiaries as Witnesses: The will may survive, but the gift to that witness can be void under O.C.G.A. Section 53-4-23.

Content Errors

No Residuary Clause: Property you did not name can pass by intestacy, against your plan.

Vague Language: Unclear descriptions of property or people invite disputes.

Conflicting Provisions: Two clauses that cannot both be followed.

Legal Errors

Trying to Give Away Non-Probate Assets: Your will does not control payable-on-death accounts or beneficiary designations, joint property, or assets held in a trust.

Ignoring Year's Support: A spouse or minor child can claim year's support ahead of your gifts.

Revoking and Updating a Georgia Will

How to Revoke a Will

Physical Act: Under O.C.G.A. Section 53-4-44, you can revoke a will by destroying or obliterating it with the intent to revoke. Tearing, burning, or canceling a material part can do it.

A Later Will or Writing: Under O.C.G.A. Section 53-4-43, a later will or written instrument can revoke an earlier one, in whole or in part. Always add a clause that expressly revokes prior wills.

Divorce: Under O.C.G.A. Section 53-4-49, a final divorce or annulment treats your former spouse as if they died before you, so gifts and appointments in their favor drop out, unless your will planned for that event. Remarrying the same person can revive those provisions.

When to Update Your Will

Update your Georgia will when:

You marry, divorce, or remarry
You have or adopt a child
A beneficiary or executor dies
Your assets change a lot
You move to Georgia from another state
Your wishes change
Every 3 to 5 years for a general review

Codicil vs. New Will

Codicil: A formal amendment to an existing will. It must meet the same signing and witness rules as a will. Good for small changes.

New Will: Better for major changes. Revoke all prior wills and codicils in the text, and destroy the old copies so nobody is confused later.

Georgia Will vs. Living Trust

Feature	Georgia Will	Georgia Living Trust
Goes through probate	Yes	No
Public record	Yes, after death	No
Names guardians for children	Yes	No
Plans for incapacity	No	Yes
Cost to create	Lower	Higher
Takes effect	At death	When funded during life

A will and a revocable living trust do different jobs. Many thorough Georgia estate plans use both, with a pour-over will backing up the trust. If you are weighing one against the other, read will vs. trust for a plain comparison.

How This Fits Into Your Estate Plan

A will is the backbone, but it is not the whole plan. A complete Georgia estate plan usually pairs the will with:

A financial power of attorney so someone can manage money if you cannot
An advance directive for health care so your medical wishes and health agent are on record
Beneficiary designations on accounts and policies, kept up to date

The will handles what happens after death. The power of attorney and advance directive handle what happens if you are alive but unable to act. You want both halves covered.

Frequently Asked Questions

How old do you have to be to make a will in Georgia?

Fourteen. Under O.C.G.A. Section 53-4-10, anyone 14 or older may make a will if they have capacity and free will. That is younger than most states, which set the age at 18.

Does a Georgia will have to be notarized?

No. The will is valid once it is written, signed, and witnessed by two people. Notarization comes in only for the optional self-proving affidavit, which is worth adding to make probate smoother.

How many witnesses does a Georgia will need?

Two competent witnesses, who must sign the will in your presence.

Can I write my own will by hand in Georgia?

You can draft it yourself, but it still needs two witnesses. Georgia does not accept holographic (handwritten, unwitnessed) wills. DIY wills often carry errors that cause problems during probate.

Can a family member witness my will in Georgia?

They can, but you should not let a beneficiary witness your will. Under O.C.G.A. Section 53-4-23, the gift to a witness-beneficiary can be void unless two other disinterested witnesses also signed. Use witnesses who inherit nothing.

What happens if I die without a valid will in Georgia?

Your property passes under Georgia intestate succession. State rules decide who inherits, which may not match what you wanted.

How often should I update my Georgia will?

Review it every 3 to 5 years and after big life events: marriage, divorce, a birth or adoption, a death, a large change in assets, or a move to Georgia.

Official Sources

Official Code of Georgia Annotated, Title 53, Chapter 4 (Wills) | Georgia General Assembly | accessed 2026-06-19 | https://www.legis.ga.gov/legislation/ocga
Write a Will | State of Georgia (Georgia.gov) | accessed 2026-06-19 | https://georgia.gov/write-will
Probate Court Standard Forms and General Instructions | Supreme Court of Georgia | accessed 2026-06-19 | https://www.gasupreme.us/probate-court-standard-forms/

Sources

O.C.G.A. Section 53-4-10 (Minimum age; conviction of crime) | Georgia General Assembly, Official Code of Georgia Annotated | accessed 2026-06-19 | https://www.legis.ga.gov/legislation/ocga
O.C.G.A. Sections 53-4-11 and 53-4-12 (Testamentary capacity; sound mind) | Georgia General Assembly, Official Code of Georgia Annotated | accessed 2026-06-19 | https://www.legis.ga.gov/legislation/ocga
O.C.G.A. Section 53-4-20 (Required writing; signing; witnesses; codicil) | Georgia General Assembly, Official Code of Georgia Annotated | accessed 2026-06-19 | https://www.legis.ga.gov/legislation/ocga
O.C.G.A. Section 53-4-23 (Testamentary gift to witness or witness's spouse) | Georgia General Assembly, Official Code of Georgia Annotated | accessed 2026-06-19 | https://www.legis.ga.gov/legislation/ocga
O.C.G.A. Section 53-4-24 (Self-proved will or codicil) | Georgia General Assembly, Official Code of Georgia Annotated | accessed 2026-06-19 | https://www.legis.ga.gov/legislation/ocga
O.C.G.A. Section 53-4-43 (Subsequent will or other written instrument) | Georgia General Assembly, Official Code of Georgia Annotated | accessed 2026-06-19 | https://www.legis.ga.gov/legislation/ocga
O.C.G.A. Section 53-4-44 (Destruction or obliteration of will) | Georgia General Assembly, Official Code of Georgia Annotated | accessed 2026-06-19 | https://www.legis.ga.gov/legislation/ocga
O.C.G.A. Section 53-4-49 (Effect of testator's divorce, annulment, or remarriage to former spouse) | Georgia General Assembly, Official Code of Georgia Annotated | accessed 2026-06-19 | https://www.legis.ga.gov/legislation/ocga
Write a Will | State of Georgia (Georgia.gov) | accessed 2026-06-19 | https://georgia.gov/write-will
Probate Court Standard Forms and General Instructions | Supreme Court of Georgia | accessed 2026-06-19 | https://www.gasupreme.us/probate-court-standard-forms/

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