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Georgia lets anyone 14 or older make a will — the youngest will-making age in the nation — but it gives nothing away on formalities: every will needs two witnesses, handwritten wills without witnesses are invalid, and electronic wills are not recognized. The bigger surprise is what happens without a will: your spouse doesn’t inherit everything — they split the estate equally with your children, guaranteed only a one-third floor. Online services prepare a Georgia-specific will for $199–$299. Every rule below cites the Georgia Code.
In Georgia, dying without a will makes your spouse a co-heir with your kids.
A finished will is the fix, and for most Georgia families it’s an hour of work. An online service like Trust & Will prepares a Georgia-specific will with the witness pages and notarized self-proving affidavit ready to sign.
Disclosure: we earn a commission if you buy through the Trust & Will links here, at no extra cost to you. Complex situations belong with an attorney and we say so below.
Georgia Will Requirements (2026)
O.C.G.A. § 53-4-20 sets the execution rules:
| Requirement | Georgia rule | Statute |
|---|---|---|
| In writing | A written document — typed or handwritten; no oral or electronic wills | § 53-4-20(a) |
| Signed | By you — a mark or any name intended to authenticate counts — or by another individual in your presence at your express direction | § 53-4-20(a) |
| Witnessed | Two or more competent witnesses, age 14 or older, who attest and subscribe in your presence. A witness may sign by mark, but nobody may sign a witness’s name for them | §§ 53-4-20(b), 53-4-22(a) |
| Notarized | Not required for validity — the notary appears only in the optional self-proving affidavit | § 53-4-24 |
Who can make a will: anyone 14 or older of sufficient capacity (§ 53-4-10(a)). No other state sets the bar that young — most require 18. Codicils (amendments) require the same formalities as the will itself (§ 53-4-20(c)).
The self-proving affidavit: skip the witness hunt at probate
A Georgia will can be probated without tracking down the witnesses if you and both witnesses sign a self-proving affidavit before a notary public — at the will signing or any later date while everyone’s alive (§ 53-4-24). It makes witness testimony at probate unnecessary, and every properly prepared Georgia will package includes one. This is the only step that involves a notary.
Handwritten Wills Without Witnesses Are Invalid in Georgia
Georgia does not recognize holographic wills. Articles 1–6 of the wills chapter contain no handwriting exception — the two-witness requirement of § 53-4-20 applies to every will, however it was written. A will in your own handwriting is perfectly fine if two competent witnesses attest and subscribe it in your presence; handwriting is never a substitute for witnesses. A notebook page signed alone in a drawer — valid in Texas or California — is just paper in Georgia.
Electronic Wills: Not Recognized in Georgia
Georgia has not authorized electronic wills. House Bill 901 (2023–24 session) would have added them to the wills chapter; the General Assembly’s own records show it stalled after its second reading in January 2024 and never received a vote, and the current Georgia Code contains no electronic-wills provisions. (You may find websites claiming Georgia adopted the Uniform Electronic Wills Act — the legislature’s record says otherwise.) An online will service is legal in Georgia the ordinary way: it prepares the document, and you print and sign it before two witnesses.
Dying Without a Will in Georgia: Your Spouse Splits With the Kids
Georgia’s intestacy rule is one of the least spouse-friendly in the country (O.C.G.A. § 53-2-1(c)):
| Your situation | What happens without a will |
|---|---|
| Married, no children or descendants | Spouse is sole heir (§ 53-2-1(c)(1)) |
| Married with one child | Spouse and child take half each (§ 53-2-1(c)(1)) |
| Married with two children | Spouse and each child take one-third each — the spouse’s floor (§ 53-2-1(c)(1)) |
| Married with three or more children | Spouse still takes one-third; the children split the remaining two-thirds (§ 53-2-1(c)(1)) |
| Single with children | Children share equally, per stirpes (§ 53-2-1(c)(3)) |
| Single, no children | Parents equally, then siblings and their descendants (§ 53-2-1(c)(4)–(5)) |
Read the middle rows again. In most states, a surviving spouse who shares all their children with the decedent inherits everything. In Georgia, the spouse becomes a co-owner with the children the moment there’s no will — of the house, the accounts, all of it. If a child is a minor, that can mean court involvement in the child’s share; if a child is an adult from a prior marriage, your spouse now co-owns property with them. Two other details worth knowing: half-siblings inherit equally with whole siblings, and a child conceived before death inherits if born within ten months and surviving 120 hours (§ 53-2-1(b)).
What a Will Costs in Georgia
| Route | Typical cost | What you get |
|---|---|---|
| Handwritten, no witnesses | $0 | Invalid in Georgia — not an option here |
| Online service | $199 individual / $299 couple | Georgia-specific will with witness pages and self-proving affidavit, done in about an hour |
| Georgia attorney | Flat fees vary by metro — ask for a quote up front | Custom drafting and counsel; Atlanta-metro rates run well above the rest of the state |
Online pricing verified against Trust & Will’s published rates (August 2026). Georgia’s bar association publishes no fee survey, so we quote no attorney figures we can’t source — collect two or three flat-fee quotes and compare what’s included. See how Georgia compares with the rest of the country for national cost ranges and a state-by-state table of will requirements.
What a Georgia Will Does Not Do
1. A will does not avoid probate. It’s the instruction sheet the probate court follows, not a way around the court. Georgia probate is middle-of-the-road — solvent estates with cooperative heirs can use simplified options — but it is still a public court process. If skipping probate is the goal, that’s a living trust’s job: see what a living trust costs in Georgia.
2. A will does not cover incapacity. It operates only at death. A complete Georgia plan pairs the will with a financial power of attorney and an advance directive for health care — see the five documents every family needs.
3. A will does not override beneficiary designations. Life insurance, retirement accounts, and payable-on-death accounts go to the named beneficiary no matter what the will says.
Will vs. Trust for Georgia Families
Every Georgia adult needs a will — if only to stop the spouse-splits-with-the-kids rule above. Whether to add a living trust depends on what you own: Georgia probate is less punishing than California’s or Florida‘s, so the trust case here usually rests on privacy, out-of-state property, blended families, or keeping a business running smoothly. Start with Trust vs. Will: Which Does Your Family Need? and the numbers in our Georgia living trust cost guide.
If the will is what you need today, Trust & Will’s Georgia package includes the witness pages, self-proving affidavit, guardianship nominations, and healthcare documents — build your Georgia will here.
FAQ
Does a will have to be notarized in Georgia?
No. Validity requires your signature and two competent witnesses age 14+ signing in your presence (§§ 53-4-20, 53-4-22). The notary appears only in the optional self-proving affidavit that spares your witnesses a courtroom trip later (§ 53-4-24).
Can a 14-year-old really make a will in Georgia?
Yes — Georgia sets the minimum age at 14, the youngest in the country (§ 53-4-10(a)). The same age applies to witnesses (§ 53-4-22(a)).
Are handwritten wills legal in Georgia?
Only with witnesses. Georgia does not recognize holographic wills — a handwritten document is valid solely when two competent witnesses attest and subscribe it in your presence, exactly like a typed will.
Can I make an electronic will in Georgia?
No. The bill that would have authorized them (HB 901, 2023–24) died in committee, and the Georgia Code contains no electronic-wills provisions. Online services are legal because the finished will is printed and signed with witnesses.
What happens if I die without a will in Georgia?
Your spouse shares the estate equally with your children, with a guaranteed floor of one-third (§ 53-2-1(c)). With two or more kids, your spouse gets exactly one-third. Without a spouse, the estate goes to your children, then parents, then siblings.
Does a will avoid probate in Georgia?
No — a will is carried out through probate. Living trusts, beneficiary designations, and survivorship titling are the tools that pass property outside the court process.
Georgia Law Cited on This Page
- O.C.G.A. § 53-4-10 — minimum age 14 (2025 Code)
- O.C.G.A. § 53-4-20 — writing, signing, witnesses
- O.C.G.A. § 53-4-22 — witness competency, age 14
- O.C.G.A. § 53-4-24 — self-proved wills
- O.C.G.A. § 53-2-1 — intestate inheritance rules
- Georgia General Assembly, HB 901 — electronic-wills bill status (died in committee)
Update log — August 2026: page created; statutory requirements verified against the 2025 Code of Georgia, with the electronic-wills status confirmed against the General Assembly’s own bill records. Reviewed when Georgia law changes.