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What Types of Wills Are Allowed in Georgia?

Posted by Joel Beck | Jul 24, 2023 | 0 Comments

As experienced Estate Planning Lawyers at Peach State Wills & Trusts, we've come to realize that the creation of a will is an essential part of any comprehensive estate plan. This important legal document provides a roadmap for the distribution of your property and assets after your passing. However, it's important to remember that not all types of wills are legally recognized in Georgia. This article aims to educate you on the types of wills that are acknowledged in Georgia and those that are not.

Traditional Written Wills are Allowed

The most common type of will in Georgia is a traditional written will. In order for it to be legally recognized, the will must be in writing and signed by the individual creating it, known as the testator, and two witnesses. While Georgia law does not require a will to be notarized, having a self-proving affidavit attached to the Will, which is itself notarized, simplifies the probate process and admission of the Will to probate after the testator's death. The law requires that the testator is at least 14 years of age and is of sound mind when the Will is signed. This ensures that the person creating the will understands its significance and implications.

Non-Cupative Wills are Not Recognized

Non-Cupative Wills, also called oral wills, are not recognized in Georgia. A non-cupative will is a type of will that is spoken or dictated by the testator, usually in their final moments. Traditionally, this type of will was given in the presence of witnesses who would later document it in writing. However, this practice is no longer recognized under current Georgia law. This is why it's vital to prepare a written will that meets the legal requirements of the state.

Holographic Wills are Not Recognized

Holographic wills, which are handwritten wills created by the testator and signed without any witnesses, are also not recognized in Georgia. Even though these wills may be valid in some other states, Georgia law necessitates the presence of two witnesses at the time of signing the will. Therefore, it's crucial to ensure your will is drafted and executed following Georgia's legal requirements, regardless of its form.

Contact Peach State Wills & Trusts

Understanding the various types of wills and the laws that govern them in Georgia can be a daunting task. However, at Peach State Wills & Trusts, we are here to help you with this intricate process and make it as straightforward as possible.

We believe that everyone should have a will that accurately reflects their wishes and meets all legal requirements. Our aim is to provide you with comprehensive estate planning services to ensure your assets are distributed according to your wishes after your passing. Contact us at 678-344-5342 to learn how to plan for your will in Georgia today.

Remember, if you have any questions about estate planning in Georgia, you can download our free guide here, no strings attached.

About the Author

Joel Beck

Joel Beck founded The Beck Law Firm, LLC in 2007. His firm focused on business law and estate planning needs of clients, two areas that he was drawn to based upon personal and business experiences in his life, including a ten-year career at NASD (now known as FINRA).


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At Peach State Wills and Trusts, a division of The Beck Law Firm, LLC, we're committed to answering your questions about wills, trusts, powers of attorney, healthcare directives, uncontested probate, and business planning issues in Georgia.

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