It’s tough to admit that our loved ones won’t be around forever, much less plan for life after they’re gone. It’s even tougher to make those plans for ourselves. When it comes to creating a last will and testament, we have to get past our emotions and do our best at getting everything right legally. Each state can have different rules and regulations regarding how wills are created and interpreted, so here is a quick introduction to state laws regarding wills in Georgia.
Wills and Testaments
A will is a legally binding document that details how the testator (the person writing the will) would like his or her property and affairs to be handled upon death. State laws governing wills are fairly uniform across all states, requiring the testator to be the age of majority and that the will be typed or printed. Georgia will laws, however, allow valid wills by testators as young as 14 and also allow oral wills under certain limited circumstances.
Wills Laws in Georgia
The following chart lists the main provisions of Georgia will laws.
| Code Section | §§53-4-10, et seq. |
| Age of Testator | 14 years and not "laboring under some legal disability arising from a want of capacity or from a want of perfect liberty of action." |
| Number of Witnesses | Must be subscribed and attested in testator's presence by two or more competent witnesses; testator must sign/acknowledge signature in presence of two witnesses. |
| Nuncupative (Oral Wills) | Can be made only in time of last illness and must be proved by oath of at least two witnesses present at making testator must have told those present to bear witness that such was his will; must be reduced to writing within 30 days of speaking. |
| Holographic Wills | Not recognized |
Understanding Wills
Georgia’s laws regarding wills can contain some unfamiliar legal terminology. A “testator†is the person who dies, leaving the will. “Nuncupative†refers to an oral or spoken will, which can generally only cover a limited amount of personal property and falls under strict Georgia guidelines. And a “holographic†will is a handwritten testament, subject to more scrutiny than a typed or printed will.
Georgia Wills Laws: Related Resources
Creating a will on your own can be risky, especially when the person whose property is at stake won’t be around to clear up any confusion. If you would like legal assistance creating or interpreting a will, you can contact a Georgia wills attorney in your area. For more extensive information on creating and changing a will, you can visit FindLaw’s wills section.
