How to Make a Will in Georgia (2026 Guide)

A will made in Georgia must be signed by you and by 2 witnesses to be valid. Yes (Ga. Code Ann. § 53-4-24). It lets the court accept the will without tracking down the witnesses later. Below is everything the signing cover sheet in your free Georgia will covers, generated from the same rules.

Make my free Georgia will

Georgia will requirements at a glance

Witnesses required	2
Self-proving affidavit	Yes
Notary required for the will	No
Notary for the affidavit	Yes
Holographic wills recognized	No
Electronic wills recognized	No
Remote witnessing allowed	No
Community property state	No
Personal property memorandum	No
No-contest clause	Limited
Will execution statute	Ga. Code Ann. § 53-4-20
Financial POA statute	Ga. Code Ann. § 10-6B-1 et seq. (Georgia Uniform Power of Attorney Act, 2017); statutory form at § 10-6B-70
Healthcare directive statute	Ga. Code Ann. § 31-32-1 et seq. (Georgia Advance Directive for Health Care Act, 2007); form at § 31-32-4

Witnesses

Two witnesses. The will must be in writing and signed by the testator (or by another in the testator's presence and at the testator's express direction), and attested and subscribed in the presence of the testator by two or more competent witnesses (Ga. Code Ann. § 53-4-20). A witness must be at least 14 (Ga. Code Ann. § 53-4-22); use adults. A gift to a subscribing witness (or the witness's spouse) is void unless the will is also attested by at least two other disinterested witnesses (Ga. Code Ann. § 53-4-23). The testator must sign or acknowledge the signature in the presence of the witnesses; the witnesses need not sign in each other's presence, but the safest practice is for everyone to sign together in one sitting.

Do you need a notary in Georgia?

Not for the will itself. A notary is needed only to make the will self-proving through the affidavit, which is strongly recommended.

Self-proving affidavit

Yes (Ga. Code Ann. § 53-4-24). It lets the court accept the will without tracking down the witnesses later. What a self-proving affidavit does.

How to sign your will in Georgia

1. Read the signing cover sheet. It is generated with your will and lists every requirement below in checklist form.
2. Gather your witnesses. You need 2 adult witnesses who are not beneficiaries. Two witnesses. The will must be in writing and signed by the testator (or by another in the testator's presence and at the testator's express direction), and attested and subscribed in the presence of the testator by two or more competent witnesses (Ga. Code Ann. § 53-4-20). A witness must be at least 14 (Ga. Code Ann. § 53-4-22); use adults. A gift to a subscribing witness (or the witness's spouse) is void unless the will is also attested by at least two other disinterested witnesses (Ga. Code Ann. § 53-4-23). The testator must sign or acknowledge the signature in the presence of the witnesses; the witnesses need not sign in each other's presence, but the safest practice is for everyone to sign together in one sitting.
3. Sign in front of your witnesses. Declare that the document is your will, sign at the end, and have the witnesses sign while you are all together.
4. Complete the self-proving affidavit before a notary. Optional but strongly recommended (Ga. Code Ann. § 53-4-24). Many people sign the will and the affidavit at the notary's office in one sitting.
5. Store the original safely. Keep the original in a safe, fireproof place your executor can access without a court order; a safe-deposit box may be sealed at death. Tell your executor where it is and give them a copy. Georgia has no general statute for lifetime deposit of a will with the probate court.
6. Tell your executor. Your executor needs to know the will exists and where it is. Give them the Executor Information Sheet.

Your spouse's rights

Georgia is the only common-law state with no elective share: a spouse may be disinherited by will. The only protection is year's support — the surviving spouse (and minor children) may petition the probate court for an award from the estate sufficient for support for twelve months, which takes priority over most devises and creditors (Ga. Code Ann. § 53-3-1 et seq.).

Homestead

No special restriction on devising a homestead by will; year's support may be set apart from the home (Ga. Code Ann. § 53-3-1 et seq.), and Georgia's homestead exemption from creditors is in Ga. Code Ann. § 44-13-1 et seq.

If you die without a will in Georgia

If you die without a will in Georgia, your spouse takes everything if you leave no descendants. If you leave descendants, the spouse shares equally with the children (with grandchildren taking a deceased child's share), but the spouse's share is never less than one-third (Ga. Code Ann. § 53-2-1(c)). With no spouse, everything passes to descendants, then parents, then siblings. More on intestacy.

Other estate-planning documents in Georgia

• Durable financial power of attorney: Ga. Code Ann. § 10-6B-1 et seq. (Georgia Uniform Power of Attorney Act, 2017); statutory form at § 10-6B-70. The power of attorney must be signed by the principal (or by another adult in the principal's presence at the principal's direction), attested and signed by one or more adult witnesses, and attested and signed before a notary public; the witness may not be the agent or the notary (Ga. Code Ann. § 10-6B-5). Record it with the clerk of superior court before using it for real estate.
• Advance healthcare directive: Ga. Code Ann. § 31-32-1 et seq. (Georgia Advance Directive for Health Care Act, 2007); form at § 31-32-4. A Georgia advance directive for health care must be signed by the declarant in the presence of two adult witnesses, who also sign. A witness may not be the health care agent, a person who will inherit from or has a claim against the declarant, or a person directly involved in the declarant's health care; only one witness may be an employee of the facility where the declarant is being treated (Ga. Code Ann. § 31-32-5). Notarization is not required. The statutory form may be used but is not mandatory (Ga. Code Ann. § 31-32-4).
• HIPAA authorization: HIPAA authorization is governed by federal law (45 C.F.R. § 164.508); no state-specific execution formality. Sign and date it; no witnesses or notary are required, though notarization does no harm.
• Personal property memorandum: None — not authorized by statute; gifts of tangible property should be made in the will itself.

Georgia notes

• Georgia has no elective share; a spouse can be disinherited, subject only to year's support (Ga. Code Ann. § 53-3-1 et seq.). If you intend to disinherit a spouse, have an attorney review the plan.
• Georgia does not recognize holographic (unwitnessed handwritten) wills or a separate personal property memorandum; list gifts of specific items in the will itself.
• A person may make a will in Georgia at age 14 (Ga. Code Ann. § 53-4-10).

Frequently asked questions

How many witnesses does a will need in Georgia?

Georgia requires 2 witnesses (Ga. Code Ann. § 53-4-20). Two witnesses. The will must be in writing and signed by the testator (or by another in the testator's presence and at the testator's express direction), and attested and subscribed in the presence of the testator by two or more competent witnesses (Ga. Code Ann. § 53-4-20). A witness must be at least 14 (Ga. Code Ann. § 53-4-22); use adults. A gift to a subscribing witness (or the witness's spouse) is void unless the will is also attested by at least two other disinterested witnesses (Ga. Code Ann. § 53-4-23). The testator must sign or acknowledge the signature in the presence of the witnesses; the witnesses need not sign in each other's presence, but the safest practice is for everyone to sign together in one sitting.

Does a will need to be notarized in Georgia?

Not for the will itself. A notary is needed only to make the will self-proving through the affidavit, which is strongly recommended.

Does Georgia have a self-proving affidavit?

Yes (Ga. Code Ann. § 53-4-24). It lets the court accept the will without tracking down the witnesses later.

Are handwritten (holographic) wills valid in Georgia?

Georgia does not generally recognize unwitnessed handwritten wills. Use a typed, witnessed will.

Can I disinherit my spouse in Georgia?

Georgia is the only common-law state with no elective share: a spouse may be disinherited by will. The only protection is year's support — the surviving spouse (and minor children) may petition the probate court for an award from the estate sufficient for support for twelve months, which takes priority over most devises and creditors (Ga. Code Ann. § 53-3-1 et seq.).

What happens if I die without a will in Georgia?

If you die without a will in Georgia, your spouse takes everything if you leave no descendants. If you leave descendants, the spouse shares equally with the children (with grandchildren taking a deceased child's share), but the spouse's share is never less than one-third (Ga. Code Ann. § 53-2-1(c)). With no spouse, everything passes to descendants, then parents, then siblings.

Is a no-contest clause enforceable in Georgia?

A condition in terrorem is void in Georgia unless the will contains a direction as to the disposition of the property if the condition is violated (Ga. Code Ann. § 53-4-68(b)); the clause is enforceable only with such a gift-over, and does not apply to certain actions such as one to construe the will or to remove a fiduciary.

Statutes cited are for reference and may have been amended. This page is general information, not legal advice.