Georgia wills
How to make a will in Georgia
What Georgia law requires for a valid will, how to sign it, and whether you can sign online. Updated for 2026.
Georgia will requirements at a glance
| Who can make a will | Anyone 14 or older and of sound mind |
|---|---|
| Witnesses | Two adult witnesses |
| Notary instead of witnesses | No |
| A beneficiary as witness | Don't use one (see below) |
| Handwritten (holographic) wills | Not valid |
| Self-proving affidavit | Available, with a form in state law |
| Electronic wills | Not allowed |
| Witnesses by live video | No; witnesses must be present |
| Online notarization for wills | No |
| File your will with the court while living | Available |
| State estate or inheritance tax | None |
How to sign a will in Georgia
- Print your will and read every word. Fill in any blanks in ink, but don't sign yet.
- Choose two adult witnesses who receive nothing under your will and aren't married to anyone who does.
- Sign and date your will in front of both witnesses, at the same time. Then each witness signs while you and the other witness watch. (O.C.G.A. § 53-4-20)
- Make it self-proving. You and your witnesses sign a short self-proving affidavit in front of a notary, so the court won't need to find your witnesses later. (O.C.G.A. § 53-4-24)
- Store the original safely and tell your executor where it is. Georgia also lets you deposit your will with the probate court for safekeeping.
Who can make a will
Anyone 14 or older and of sound mind. (O.C.G.A. § 53-4-10(a))
Witness rules
The will must be in writing, signed by the testator (or by another person in the testator's presence and at the testator's express direction), and attested and subscribed in the testator's presence by two or more competent witnesses. No one may sign a witness's name for the witness. The statute does not require witnesses to sign in each other's presence. (O.C.G.A. § 53-4-20)
If a witness inherits: A beneficiary-witness stays competent, but his or her gift is void unless the will is also attested by two other subscribing witnesses who take nothing under it; a witness whose spouse is a beneficiary is not disqualified (O.C.G.A. § 53-4-23).
Handwritten wills
Not recognized; every will must be attested by two witnesses (O.C.G.A. § 53-4-20).
Self-proving affidavit
Testator and witnesses sign an affidavit before a notary public, whose certificate and seal are attached; the will can then be probated without witness testimony. (O.C.G.A. § 53-4-24)
Can I sign my will online in Georgia?
No. No electronic-will statute. Per a 2026 survey, bills in 2022 (HB 940) and 2024 (HB 901) failed, and 2020 pandemic remote witnessing was temporary.
Print your will and sign it on paper with your witnesses in the same room.
Online notarization: Georgia has no general remote online notarization statute. HB 289 (2025-2026 session) would have created one but stalled after a House committee report on Mar. 6, 2026.
Good to know in Georgia
Georgia's minimum age to make a will (14) is the lowest in the country, and witnesses may also be 14. You may file your will with the probate judge of your county for confidential safekeeping (O.C.G.A. § 15-9-38); FindLaw text relied on is current to March 28, 2024.
Estate and inheritance taxes
Georgia has no state estate or inheritance tax (2026). The federal estate tax applies only to estates over $15,000,000 per person in 2026, and gifts to charity are deductible.
Georgia will questions
Does a will need to be notarized in Georgia?
No. Two witnesses make a Georgia will valid. A notary is needed only for the optional self-proving affidavit, which lets the court accept your will without contacting your witnesses.
Are handwritten wills legal in Georgia?
Not recognized; every will must be attested by two witnesses (O.C.G.A. § 53-4-20).
Can a beneficiary witness a will in Georgia?
A beneficiary-witness stays competent, but his or her gift is void unless the will is also attested by two other subscribing witnesses who take nothing under it; a witness whose spouse is a beneficiary is not disqualified (O.C.G.A. § 53-4-23).
Can I make a will online in Georgia?
You can write your will online for free with MyLastWill, then print it and sign it with your witnesses. Georgia doesn't allow electronic wills, so the will must be signed on paper.
Does Georgia have an estate or inheritance tax?
Georgia has no state estate or inheritance tax (2026). The federal estate tax applies only to estates over $15,000,000 per person in 2026, and gifts to charity are deductible.
Sources
- O.C.G.A. § 53-4-10 (FindLaw)
- O.C.G.A. § 53-4-20 (FindLaw)
- O.C.G.A. § 53-4-22 (FindLaw)
- O.C.G.A. § 53-4-23 (FindLaw)
- O.C.G.A. § 53-4-24 (FindLaw)
- O.C.G.A. § 15-9-38 (FindLaw)
- Georgia General Assembly: HB 289 (2025-2026) remote online notaries
- Georgia: Will Execution Requirements (ezel.ai survey)
- Court Safekeeping of Original Wills in Georgia (ezel.ai survey)
Last reviewed October 24, 2026 against Georgia statutes. Laws change, and this is general information, not legal advice. For advice about your situation, talk with a Georgia attorney.
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