Let’s be real: nobody enjoys thinking about what happens after we pass away. But if you own a home, have children, or simply care about who should inherit your keepsakes, it’s essential to think about creating a will. I often tell my Atlanta and Georgia clients that having a will is like setting up your final “to-do list,” ensuring your loved ones are taken care of and your wishes are clearly laid out.

If the idea of writing a will stresses you out, don’t worry—I’ve got you covered. In this post, I’ll go over the basics of how to make a will here in Georgia, plus share some helpful tips and common mistakes to avoid.

 

Why You Need a Will

 

A will puts you in control of who gets your assets and how they’ll be distributed when you’re gone. It lets you decide who should inherit your real estate, bank accounts, personal belongings, or even intangible assets like royalties or a family business. Here are a few reasons why wills can be important building blocks of an estate plan in Georgia:

 

• Avoid Intestacy
  If you die without a will (legally called “intestate”), Georgia law decides where your assets go. Typically, your spouse and children inherit your estate first, but there can be complications if you’re unmarried or want certain relatives or charities to benefit.

 

 

• Choose Your Executor
  Having a will means you pick who handles your final affairs. If you don’t choose, the court might appoint someone you’d never have wanted in charge.

 

 

• Name a Guardian for Minor Kids
  If you have kids under 18, you can designate a guardian in your will. This is huge—it can help you avoid potential family squabbles over who should raise your children.

 

 

• Prevent Disputes
  A properly drafted will reduces the risk of family drama by spelling out your wishes plainly.

 

 

Georgia’s Key Legal Requirements

 

Each state has its own rules for making a valid will, and Georgia is no exception. The good news is, our laws are relatively straightforward:

 

• Minimum Age
  Unlike most states that set the minimum at 18, Georgia says you can make a will at age 14 or older.

 

 

• Sound Mind
  You have to understand what you’re doing (i.e., you know you’re writing a will, you understand your assets, and you know who you’re leaving them to).

 

 

• In Writing
  Your will must be on paper—handwritten or typed. I usually advise having a typed version for clarity.

 

 

• Signed and Witnessed
  You (the “testator”) need to sign the will in front of two witnesses, who also sign it themselves. Those witnesses must be at least 14 years old.

 

 

• Pro Tip: While notarization isn’t required in Georgia, adding a “self-proving affidavit” (which is notarized) can speed up probate by confirming your signature and that you signed willingly.

 

 

• No Oral Wills
  Georgia doesn’t recognize “spoken” wills, so you can’t just tell someone what you want and expect it to hold up in court.

 

 

Step-by-Step: Crafting Your Will

 

Let’s talk through the basic steps of creating a will:

 

1. List Out What You Own

 

Make a quick rundown of your property—this includes real estate, bank accounts, retirement accounts, vehicles, jewelry, business interests, and so on. Don’t forget to consider debts like mortgages or credit card balances because they can impact how you distribute your estate.

 

2. Decide Who Gets What

 

Think about who you’d like to inherit your assets. This can be family, friends, or charitable organizations. You might also want to leave specific items to certain individuals (for instance, gifting a beloved guitar to your nephew who’s in a band).

 

3. Pick Your Executor

 

Your executor will handle the nitty-gritty, like paying off debts and making sure your beneficiaries receive what you leave them. Pick someone trustworthy and organized—someone who won’t crack under the administrative pressure.

 

4. Name a Guardian for Minor Children

 

If you have kids under 18, this is one of the most critical things you’ll do. Discuss your plan with the person you want to appoint—raising a child is a big deal, and you want everyone on the same page.

 

5. Draft the Document

 

Once you have your wishes sorted out, it’s time to write the will. You can DIY this with online forms, but I generally advise at least consulting a local estate planning attorney (yes, that includes me!) to make sure your will is clear and fits Georgia’s rules.

 

6. Sign It Correctly

 

You’ll sign the will, and at least two witnesses need to sign right after you in your presence. If you want a self-proving affidavit, a notary also needs to watch everyone sign that form. Missing just one signature can invalidate the will, so pay attention here.

 

7. Store It Safely

 

Finally, keep your signed, original will in a secure place—like a fireproof safe at home or a safe deposit box at your bank. Let your executor know where it is so they can find it when needed.

 

Pitfalls to Avoid

 

I’ve seen people make some unfortunate mistakes when drafting their wills. Here are some biggies to steer clear of:

 

• Forgetting to Update
  Life is always changing—marriage, divorce, birth, adoption, or major shifts in assets are all reasons to pull out your will and take another look.

 

 

• No Backups
  What if your primary beneficiary or executor dies before you? Always name alternates.

 

 

• Vague Wording
  “My house goes to my children” can be fine, but which house if you own multiple? And what if one child doesn’t want it but the other does? Be specific.

 

 

• Ignoring Witness Requirements
  Failing to follow Georgia’s witnessing rules is the quickest path to an invalid will.

 

 

• Hiding the Will
  Your family or executor needs to actually find the document! Don’t bury it too deep or forget to tell anyone.

 

 

What Happens If You Die Without a Will?

 

If you skip making a will, Georgia’s intestacy laws decide who inherits. Typically, it goes like this:

 

• Surviving Spouse, No Children: Your spouse gets everything.

 

 

• Spouse and Children: Your spouse and kids share your estate, though not always equally.

 

 

• No Spouse or Children: Parents, siblings, or extended family inherit in a specific order.

 

 

• No Traceable Family: Your property could eventually go to the state.

 

This might work out fine in some cases, but generally, these defaults don’t match everyone’s personal wishes. If you have specific ideas about who should get your assets, having a will is the only way to ensure that happens.

 

Updating or Revoking Your Will

 

Life happens, and your will might need tweaking. In Georgia, you can update your will in these ways:

 

A. Codicil
This is a small addition or amendment that must be signed and witnessed just like a will. Use it for minor changes, like swapping out an executor.

 

B. New Will
If you have lots of changes, it’s often cleaner to write a brand-new will. Just be sure to include language stating that all prior wills and codicils are revoked.

 

C. Physical Destruction
You can revoke a will by tearing it up or burning it, but do so only when you’re certain you no longer want it to stand.

 

Whenever a big milestone hits—like marriage, divorce, the birth of a child, or moving states—take another look at your will. A quick review can prevent massive headaches down the road.

 

Special Considerations in Georgia

 

Because we’re talking about Georgia specifically, let’s go over a few local nuances:

 

• Real Estate Galore
  Atlanta and Georgia’s booming real estate market means a lot of people own multiple properties. If you do, consider how you want each property handled. If any properties are out of state, you might need special provisions or even an additional will in that state.

 

 

• Joint Ownership
  If you own property or assets in “joint tenancy with right of survivorship,” those automatically go to the surviving owner when you die. Keep this in mind when deciding who gets what.

 

 

• Year’s Support
  Georgia allows a surviving spouse and minor kids to request a “year’s support” from the estate. If you plan to disinherit someone, talk to a lawyer about how that might play out.

 

 

• Children’s Inheritance Rights
  You usually can disinherit a child in Georgia if you explicitly say so in your will. Just be sure you’re crystal clear in your language to avoid confusion.

 

 

• Taxes
  Georgia doesn’t have its own estate tax right now, but large estates could trigger federal estate taxes. If your estate is sizable, think about setting up trusts or other strategies to soften the tax blow.

 

 

Do You Really Need a Lawyer?

 

No, Georgia law doesn’t require you to hire an attorney to make a will. But should you consider it? Absolutely—especially if your estate is complex. Here’s why:

 

• Customized Advice
  Online will templates can miss unique details about your family or assets.

 

 

• Minimize Challenges
  If you suspect disputes, getting legal advice can help prevent a challenge in probate.

 

 

• Tax Strategy
  Even though Georgia has no estate tax, federal taxes can still come into play if your estate is large.

 

 

• Peace of Mind
  You’ll feel better knowing it’s done right.

 

 

What to Expect in Probate

 

When you die, your will goes to the probate court where you lived. Probate is just the legal process to confirm your will is valid and to oversee that everything is handled properly. Here’s the short version:

 

• Filing the Will
  Your executor files your will and opens the estate in probate court. If you added a self-proving affidavit, that’ll make this step easier.

 

 

• Appointment of Executor
  The court officially recognizes your chosen executor, giving them authority to act on your estate’s behalf.

 

 

• Notification to Creditors
  Your executor must notify creditors and give them a chance to file claims. Think medical bills, credit cards, etc.

 

 

• Inventory and Valuation
  Assets are cataloged and valued. This step also ensures beneficiaries receive fair shares.

 

 

• Paying Debts and Taxes
  The executor uses estate funds to settle any legitimate debts.

 

 

• Distributing Assets
  After debts and taxes are paid, remaining assets go to your beneficiaries as the will instructs.

 

 

• Closing the Estate
  Once the court approves the distributions, probate wraps up.

 

Probate can take months or even years if there’s a legal tussle or complicated assets. Having a clear will speeds things along.

 

Ensuring Your Wishes Are Followed

 

You’ve worked hard to get where you are, so you deserve to have your wishes honored. Here are a few tips to make sure your loved ones know exactly what you want:

 

• Communicate
  I tell clients it’s often helpful to have open conversations with family members about your plans. It might be uncomfortable, but it can avoid big surprises later.

 

 

• Keep Your Documents Organized
  Wills, deeds, insurance policies, and bank statements—all in one secure location. This makes it easy on your executor.

 

 

• Consider Other Estate Planning Tools
  A will is just the start. Powers of attorney, advance healthcare directives, and trusts all help cover different situations—like incapacity or long-term medical care.

 

 

• Review Regularly
  Laws change, financial situations evolve, and relationships shift. Look over your estate plan every few years to confirm it still reflects your wishes.

 

 

• Talk to a Pro
  If your estate is large or complex, or if you’re simply worried about the legalities, an experienced estate planning lawyer (hint, hint) can be invaluable.

 

 

FAQs

 

Q1: Can I handwrite my will in Georgia?
Yes—handwritten wills can be valid if you have two competent witnesses sign it. That said, I usually recommend a typed document to avoid confusion.

Q2: Can I use an online service?
Online forms don’t always address your unique situation. If you have more than a very simple estate, I strongly suggest consulting a professional.

Q3: How often should I revisit my will?
Take a look every three to five years or after big life changes—marriage, divorce, a new baby, or even if you move out of state.

Q4: Does a will avoid probate?
No. Having a will just makes probate smoother and faster. If you want to avoid probate, you might look into setting up a living trust.

Q5: If I move out of Georgia, is my will still valid?
Sometimes. But every state has its own rules, so it’s smart to update your documents to match local laws if you move for good.

 

Wrapping Up

 

Making a will in Georgia isn’t as scary, time-consuming, or costly as most people think. The biggest challenge is just getting started. Once you gather information about your assets, choose beneficiaries, name an executor, and properly sign your will, you’ve already handled the toughest part of estate planning. You’re protecting your family, preventing confusion, and making sure the things you care about end up in the right hands.

 

Of course, a will is just one part of a solid estate plan. If you really want to safeguard your loved ones, I encourage you to look into additional documents, like a power of attorney and an advance healthcare directive. If you have questions or suspect your situation is a bit more complicated, you’re welcome to reach out to me or another estate planning attorney in the Atlanta area. We’re here to help you make sure your wishes are understood and your legacy is well taken care of.

 

Key Takeaways

 

• You need at least two witnesses, but notarization helps speed probate.

 

 

• Always update your will after major life changes.

 

 

• Safely store your original signed will where your executor can find it.

 

 

• Seek legal guidance if you have complex assets or want peace of mind.

 

By taking a little time now to create a will, you’ll do more than just tick a box off your adulting checklist—you’ll be giving yourself and your loved ones a whole lot of peace of mind. And that, to me, is worth its weight in gold.

 

Contact Slowik Estate Planning

If you’re ready to create or update your Georgia will and would like expert help, Slowik Estate Planning is here to guide you every step of the way. Our Attorney Jake Slowik understands the ins and outs of local laws and can tailor a plan that fits your family’s needs perfectly. We’ll work with you to ensure your will is legally sound, easy to follow, and aligned with your personal wishes. Give us a call or send us a message today—you don’t have to navigate this journey alone. Let us help you gain the peace of mind you deserve.