To make a valid will in Georgia, you must be at least 14 years old and of sound mind, put your wishes in writing, sign the document, and have two competent witnesses sign it in your presence. That low minimum age surprises most people, and it is one of the more unusual rules in Georgia probate law.
Here is what the Georgia Code actually requires, plus the steps to follow so your will holds up when it matters.
What Georgia Law Requires for a Valid Will
Georgia's testamentary capacity rule is set out in O.C.G.A. 53-4-10: any individual 14 years of age or older may make a will, provided they are not laboring under a legal disability from a lack of capacity or a lack of liberty of action. In practice, that means you need a rational understanding of your property and the people who would naturally inherit from you.
Execution requirements come from O.C.G.A. 53-4-20:
- The will must be in writing and signed by you, or by someone else at your express direction and in your presence.
- It must be attested and subscribed in your presence by two or more competent witnesses.
- A codicil, meaning any amendment to your will, must be executed with the same formality as the original will.
Step by Step: How to Make Your Will in Georgia
- Inventory your assets. Real estate, bank and investment accounts, vehicles, and anything else you want covered.
- Decide who inherits what. Name primary beneficiaries and at least one backup for each.
- Choose an executor. This is the person who will represent your estate in Georgia probate court.
- Name a guardian, if you have minor children. Georgia courts give real weight to a parent's written choice.
- Draft the will. State clearly that the document is your last will and that it revokes any earlier wills.
- Sign in front of two witnesses. They need to watch you sign, or watch you acknowledge that you already signed it, and then sign themselves in your presence.
- Add a self-proving affidavit if you want to save your executor a step later.
- Store the original safely and tell your executor how to find it.
Georgia's Witness Rules
You need two competent witnesses who sign in your presence. Under the self-proving affidavit statute, witnesses attest that they were themselves at least 14 years old and that you, the testator, were 14 or older and of sound mind at the time of signing. It is smart practice, though not always legally required, to choose witnesses who are not beneficiaries under the will, since an interested witness can complicate things if the will is ever challenged.
Because Georgia's testamentary age is so much lower than the 18-year threshold used in most states, families with a teenager who owns property, holds a settlement, or wants specific instructions honored should not assume a will has to wait until adulthood. The same signing and witness rules apply regardless of the testator's age, so a 14-year-old's will needs the same care as an adult's.
Do You Need to Notarize a Georgia Will?
No. A Georgia will is valid without notarization. What notarization gives you is a self-proving affidavit under O.C.G.A. 53-4-24. You and your witnesses sign a sworn statement in front of a notary, confirming the details of the signing. That affidavit lets the probate court admit the will without hunting down witnesses to testify, which can matter years later if a witness has moved away or passed on. For more on how this works, see our guide to what a self-proving will is and whether you need one.
What About Handwritten Wills in Georgia?
Georgia does not recognize holographic wills as a shortcut around witnessing. A will written entirely in your own handwriting still needs to meet the same signing and two-witness rules as a typed will. A handwritten note found in a drawer, with no witnesses, generally will not be admitted to probate in Georgia and the estate can end up treated as if there were no will at all. We cover this in more detail in why you should be careful with a handwritten will.
Common Mistakes to Avoid
- Assuming a handwritten will skips the witness requirement. It does not, and an unwitnessed handwritten document is generally treated as if it were never written.
- Using a beneficiary as a witness, which can invite a challenge later even when the will is otherwise properly executed.
- Leaving out a backup executor or guardian, which forces the probate court to choose for your family.
- Never updating the will after a divorce, remarriage, or new child, so it no longer reflects who you actually want to provide for.
- Storing the only signed copy somewhere no one else knows about, which can delay probate for months.
Preguntas frecuentes
What is the minimum age to make a will in Georgia?
Fourteen. Georgia's testamentary capacity age is notably lower than most states, which typically require 18.
Does Georgia require a will to be notarized?
No. Notarization is only needed if you add a self-proving affidavit, which is optional.
How many witnesses do I need for a Georgia will?
Two competent witnesses, signing in your presence, under O.C.G.A. 53-4-20.
Is a handwritten will valid in Georgia?
Generally, no, unless it is properly signed and witnessed like any other will. Georgia does not treat handwriting as a substitute for witnesses.
What happens if I die without a will in Georgia?
Georgia's intestacy laws decide who inherits, following a fixed order of relatives that may not reflect what you actually want. You can revoke or replace your will at any time while you have capacity, typically by signing a new will or codicil executed with the same formality, or by destroying the original with the intent to revoke it.
Because the details of capacity, witnessing, and self-proving affidavits can get complicated fast, especially with blended families or property outside Georgia, it is worth taking a moment to consider speaking with an attorney about your specific situation.
If you would rather not draft from scratch, FastWill's will package is built around requirements like Georgia's. For the full picture on protecting a Georgia estate, see our Georgia estate planning guide, and for what comes after, our guide to how probate works explains what your executor will need to do.
