Georgia charges no state estate tax and no inheritance tax, so most families only need to think about the federal estate tax, which applies above $15 million per person in 2026. A valid Georgia will must be in writing, signed by the testator, and attested and subscribed by two competent witnesses.
A solid Georgia estate plan usually includes a will, a durable power of attorney, and an advance directive for health care, with trusts added for privacy or to manage assets for a minor or a beneficiary who needs extra protection. FastWill's online will builder is built to meet Georgia's witness and signature requirements.
Does Georgia Have an Estate Tax or Inheritance Tax
No. Georgia has no state-level estate tax and no inheritance tax, so beneficiaries owe nothing to the state of Georgia for what they inherit. The only tax that can apply is the federal estate tax, which reaches only estates above $15 million per person in 2026. For the large majority of Georgia families, that means estate tax planning is not a concern, though it is still worth confirming your total net worth with a professional if you own a business or significant investments.
How to Make a Valid Will in Georgia
Under Georgia Code 53-4-20, a will must be in writing, signed by the testator (or by someone else in the testator's presence and at their express direction), and attested and subscribed in the testator's presence by two or more competent witnesses. Georgia does not recognize an exception for holographic wills, so an unwitnessed handwritten document is generally not valid here, unlike in some other states.
- Be 18 or older and of sound mind
- Put the will in writing (Georgia does not accept unwitnessed handwritten wills)
- Have two competent witnesses attest and sign in your presence
- Name an executor and a guardian for minor children
What Happens if You Die Without a Will in Georgia
Georgia's intestate succession law generally gives a surviving spouse and children equal shares of the estate, dividing it into as many equal portions as there are children plus one for the spouse. If there is no spouse or children, the estate passes to parents, then siblings, and outward to more distant relatives. Property held in joint tenancy, accounts with named beneficiaries, and life insurance proceeds pass directly to the named person regardless of what the intestacy statute says, which is one more reason to keep beneficiary designations current.
Trusts and Probate in Georgia
Georgia probate is handled at the county level through the probate court, and an uncontested estate can move through the process in a matter of months. A revocable living trust can still make sense for Georgia residents who want privacy, own property in more than one state, or want a smoother path for a blended family, since trust assets are not part of the public probate record. Testamentary trusts, created through a will rather than during your lifetime, are also common in Georgia for parents who want to delay a child's full inheritance until a certain age.
If your estate is straightforward, a will alone paired with updated beneficiary designations is often enough. Our guide to the difference between a will and a trust can help you weigh the tradeoffs.
Powers of Attorney and Health Care Decisions
A Georgia financial power of attorney can be durable, meaning it remains in effect through incapacity, or springing, meaning it only activates once a specific condition, like incapacity, is documented. A living will and a health care power of attorney work together to record your treatment preferences and name someone to make medical decisions if you cannot communicate them yourself.
If you have recently moved to or from Georgia, see our guide on updating your will, trust, and power of attorney after a move, since witness rules differ from state to state.
Digital Assets and Personal Property in Georgia
A thorough Georgia estate plan should also cover digital assets, such as online banking, cryptocurrency, email, and social media accounts. Georgia has adopted a version of the Revised Uniform Fiduciary Access to Digital Assets Act, giving your executor a legal path to access certain accounts when your will or a platform's own tools grant that authority. Keep a secure, separate list of these accounts and instructions, since the will itself becomes part of the public probate record once it is filed with the court.
Frequently Asked Questions
Does Georgia recognize handwritten wills without witnesses
No. Georgia does not have a holographic will exception, so a will must be signed by the testator and attested by two competent witnesses to be valid.
Does Georgia have an inheritance tax
No. Georgia has no inheritance tax and no state estate tax.
Who inherits in Georgia if there is no will
Generally a surviving spouse and children share the estate in equal portions, with parents, siblings, and more distant relatives inheriting only if there is no spouse or children.
What is a testamentary trust in Georgia
It is a trust created by the terms of your will rather than during your lifetime, often used to delay a child's full inheritance until a specified age or milestone.
Do I need two witnesses if my Georgia will is signed by mark
Yes. Georgia allows a testator to sign by mark, but the two-witness requirement still applies regardless of how the testator signs.
A properly witnessed will, updated beneficiary designations, and the right powers of attorney cover most Georgia estate planning needs. See FastWill's plans and pricing to choose the option that fits.
