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Georgia Estate Law Summary

Note: You can also Access a Personal Planning Package for the State of Georgia. or Prepare a Will Online

Note: This summary is not intended to be an all inclusive discussion of the law of wills in Georgia, but does contain basic and other provisions. This summary does not include hand written wills, or the situation where the testator cannot write his or her name. Summary is based on the Georgia Revised probate code of 1998.

Minimum age: Every individual 14 years of age or older may make a will, unless laboring under some legal disability arising either from a want of capacity or a want of perfect liberty of action. 53-4-10.

Execution: A will shall be in writing and shall be signed by the testator and shall be attested and subscribed in the presence of the testator by two or more competent witnesses. 53-4-20.

Competency of witness: Any individual who is competent to be a witness and age 14 or over may witness a will. If a witness is competent at the time of attesting the will, the subsequent incompetence of the witness shall not prevent the probate of the will. 53-4-22.

Testamentary gift to witness or witness's spouse:If a subscribing witness is also a beneficiary under the will,the witness shall be competent; but the testamentary gift to thewitness shall be void unless there are at least two other subscribingwitnesses to the will who are not beneficiaries under the will. An individual may be a witness to a will by which a testamentary gift is given to that individual's spouse, the fact going only to the credibility of the witness. 53-4-23.

Self-proved will or codicil: At the time of its execution or at any subsequent date during the lifetime of the testator and the witnesses, a will or codicil may be made self-proved and the testimony of the witnesses in the date regarding such will may be made unnecessary by the affidavits of the testator and the attesting witnesses made before a notary public. The will you have found contains the self proving affidavit. 53-4-24.

Express or implied revocation:
(a) A revocation may be express or implied.
(b) An express revocation occurs when the testator by writing or action expressly annuls a will. An express revocation takes effect instantly.
(c) An implied revocation results from the execution of a subsequent inconsistent will that does not by its terms expressly revoke the previous will. An implied revocation takes effect only when the subsequent inconsistent will becomes effective. If the subsequent inconsistent will fails to become effective from any cause, the implied revocation is not completed. 3-4-42.

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Subsequent will or other written instrument: An express revocation may be effected by a subsequent will or other written instrument that is executed, subscribed, and attested with the same formality as required for a will. 53-4-43.

Destruction or obliteration of will or material portion thereof: An express revocation may be effected by any destruction or obliteration of the will done by the testator with an intent to revoke or by another at the testator's direction. The intent to revoke shall be presumed from the obliteration or cancellation of a material portion of the will, but such presumption may be overcome by a preponderance of the evidence. 53-4-44.

Effect of testator's marriage, or birth or adoption of child; provision in will for class of children: (a) Except as otherwise provided under the paragraph below entitled, Effect of testator's divorce, annulment, or remarriage to former spouse, the marriage of the testator, the birth of a child to the testator, including a posthumous child born within ten months of the testator's death, or the adoption of a child by the testator subsequent to the making of a will in which no provision is made in contemplation of such event shall result in a revocation of the will. 53-4-48.

Effect of testator's divorce, annulment, or remarriage to former spouse: All provisions of a will made prior to a testator's final divorce or the annulment of the testator's marriage in which no provision is made in contemplation of such event shall take effect as if the former spouse had predeceased the testator. If the testator remarries the former spouse and the testator has not revoked or amended the will that was made prior to the divorce or annulment, the remarriage shall not result in the revocation of the will and the provisions of the will that were revoked solely due to the application of this section shall be revived. 53-4-49.

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Description - Georgia Life Documents Planning Package, including Will, Power of Attorney and Living Will

The Legal Life Documents Personal Planning Package contains essential life documents, information on how to organize life documents and other products. The documents in this package are State Specific.

This package contains the following forms:

Last Will
General Durable Power of Attorney for Property and Finances Effective Immediately
Statutory General Power of Attorney with Durable Provisions
Statutory Durable Power of Attorney for Health Care
Statutory Living Will
Designation of Standby Guardian
Estate Planning Questionnaire and Worksheets
Personal Planning Information and Document Inventory Worksheets

Last Will - Complete this form to detail in writing your wishes regarding who is to receive your property at death and who will administer your estate. It also enables you to appoint trustees or guardians, if applicable.
General Durable Power of Attorney for Property and Finances Effective Immediately - This General Durable Power of Attorney is a general, durable power of attorney which is effective IMMEDIATELY. The powers granted to an Agent in this Power of Attorney are very broad. This Power of Attorney does NOT provide for health care services. This form complies with all applicable state statutory laws.
Statutory General Power of Attorney with Durable Provisions - Financial Power of Attorney - This is a statutory form provided for in the Georgia Code. It grants your attorney in fact (your agent) VERY broad powers with regard to your property and finances. This Power of Attorney does NOT provide for health care services.
Statutory Durable Power of Attorney for Health Care - This is a statutory form that is provided for in the Georgia Code. The purpose of this Power of Attorney is to give the person you designate (your agent) broad powers to make health care decisions for you, including the power to require, consent to, or withdraw any type of personal care or medical treatment.
Statutory Living Will - This Statutory Living Will form allows you to express your wishes and desires if it is determined that your death will occur whether or not life-sustaining procedures are utilized and where the application of life-sustaining procedures would serve only to artificially prolong the dying process. It is a declaration that such procedures be withheld or withdrawn, and that you be permitted to die naturally with only the administration of medication or the performance of any medical procedure deemed necessary to provide you with comfortable care.
Designation of Standby Guardian - This form is used to appoint a standby guardian for a minor child or children according to Georgia Code Title 29, Chapter 2, Article 1, Part 4.
Estate Planning Questionnaire and Worksheets - This Estate Planning Questionnaire and Worksheet is for completing information relevant to an estate. It contains questions for personal and financial information. You may use this form for client interviews. It is also ideal for a person to complete to view their overall financial situation for estate planning purposes.
Personal Planning Information and Document Inventory Worksheets - This form enables you to document matters relevant to your life and personal planning such as the location of your important legal documents, relatives names, contact information, medical information, financial asset inventory and more.

Georgia Estate and Personal Planning Forms

Georgia Estate Law Summary