Estate Planning in Georgia

Married with children (same marriage)

Your spouse shares equally with your children — each person receives a child's share. However, the spouse's share cannot be less than one-third of the estate, regardless of the number of children.

Married with children from a prior relationship

The same rule applies — your spouse receives a child's share, with a minimum of one-third. Children from any relationship are treated equally. The key difference is that with four or more total children, the spouse is capped at one-quarter.

Married, no children

Your spouse inherits the entire estate.

Single with children

Your children inherit everything equally. Descendants of a deceased child take that child's share by representation.

Single, no children

Your parents inherit equally. If no parents survive, siblings inherit. The chain continues through grandparents, aunts, uncles, and cousins. If no heirs are found, the estate is transferred to the board of education in the county where probate was filed.

What makes a will valid

A written will signed by the testator (or by another person in the testator's presence and at their express direction), attested by two competent witnesses who are at least 14 years old. The witnesses must sign in the testator's presence.

What people think

That a handwritten will signed by the testator is valid without witnesses, or that notarization alone makes a will legal.

What actually happens

Georgia does not recognize holographic wills. A will without two attesting witnesses is invalid regardless of how clear the testator's intent may be. The probate court will either enforce a prior valid will or apply intestacy law.

Common failure

Executing a will without two witnesses — this invalidates the entire document in Georgia. A close second is using a beneficiary as a witness without having two additional disinterested witnesses present, which voids the beneficiary's gift.

When a trust is better

When probate avoidance is a priority, when managing property in multiple states, when distributions to minor children need to be managed over time, or when the testator wants to prevent the Year's Support mechanism from altering the intended distribution.

Execution checklist

1. Sign the will in front of two competent witnesses (age 14+)
2. Have both witnesses sign in your presence
3. Ensure witnesses are not beneficiaries (or ensure at least two disinterested witnesses are present in addition to any interested witness)
4. Execute a self-proving affidavit before a notary public
5. Store the original securely — the probate court requires the original for filing

What it does

Grants authority to a named agent to manage financial, legal, and property affairs on your behalf.

Key rule

Georgia recognizes durable powers of attorney that survive the principal's incapacity. The document must include explicit language stating the authority continues during incapacity. Georgia provides a statutory short-form POA that includes this language.

Real-world friction

Financial institutions may reject POAs that are old, non-standard, or that don't match the institution's internal forms. Using Georgia's statutory form and keeping the document recently executed reduces rejection risk.

Common mistake

Failing to include durability language. Without it, the POA terminates at incapacity — forcing the family to petition for guardianship through probate court, a process that can take months and cost thousands.

What it covers

Your preferences for end-of-life care, life-sustaining treatment, and the designation of a healthcare agent authorized to make medical decisions if you cannot.

What's different

Georgia's advance directive for health care combines the living will and healthcare power of attorney into a single statutory form. This is simpler than states that require separate documents.

Execution requirements

Must be signed by the declarant and witnessed by two competent adults. The healthcare agent should not serve as a witness. Notarization is recommended but not always required for validity.

Common misunderstanding

Assuming that a financial POA gives the agent authority over medical decisions. In Georgia, healthcare and financial decision-making require separate legal authority — a healthcare directive and a financial POA are independent documents.

When required

When assets are held solely in the decedent's name without a beneficiary designation, transfer-on-death designation, or joint ownership with right of survivorship.

What makes Georgia different

Georgia's probate system is distinctive in two ways. First, it offers a choice between common form and solemn form probate — solemn form provides faster finality (conclusive after six months) but requires notifying all heirs. Common form is simpler but can be challenged for up to four years. Second, Georgia's Year's Support mechanism gives the surviving spouse and minor children a priority claim against the estate that supersedes creditors and even the terms of the will.

Probate paths

What people get wrong

Choosing common form probate when solemn form would provide faster finality. Common form is easier upfront but leaves the estate exposed to challenges for four years. If there is any potential for dispute, solemn form is the better choice.

When a trust is useful

Avoiding probate entirely, preventing the Year's Support mechanism from redirecting assets intended for specific beneficiaries (assets in a properly funded trust are not part of the probate estate), managing property across multiple states, or structuring long-term distributions for minor children.

When a trust is unnecessary

Straightforward estates where the surviving spouse and children are the intended beneficiaries, where Year's Support would produce the desired result anyway, and where the estate has no significant debts or complications.

Key mistake

Assuming that a trust automatically prevents Year's Support from affecting the estate plan. Year's Support applies to the probate estate — assets properly held in a trust are generally outside its reach, but unfunded trust assets remain exposed.

Executing a will without two witnesses

Georgia does not recognize holographic wills. A will signed by the testator without two attesting witnesses is completely invalid — regardless of how clearly the testator expressed their wishes.

Choosing common form probate when solemn form would be better

Common form probate can be challenged for four years. Solemn form requires notifying all heirs but becomes conclusive after six months. For any estate with potential disputes, solemn form provides significantly faster finality.

Not petitioning for Year's Support

Year's Support gives the surviving spouse and minor children priority over all creditors and other beneficiaries. The petition must be filed within two years of death. Failing to petition means losing a significant financial protection.

Using a beneficiary as a witness without additional disinterested witnesses

If a beneficiary is one of only two witnesses, their gift under the will is voided. Georgia requires at least two disinterested witnesses to protect a beneficiary-witness's interest.

Assuming the surviving spouse inherits everything

In Georgia, the surviving spouse shares equally with children. With one child, each gets half. With two children, each gets one-third. With four or more children, the spouse is capped at one-quarter.

Not understanding Year's Support's impact on the estate plan

Year's Support can consume the entire estate before any other beneficiary receives anything. Estate plans that assume specific distributions to non-spouse beneficiaries may be entirely overridden by a Year's Support petition.