You may have heard this before: “Just write your will down on a piece of paper and you’re good.” You may be wondering if this is legal in Georgia? Will it hold up in court? Let’s talk about it.
First, Georgia doesn’t recognize what’s called a “holographic will.” A holographic will is a will written entirely by hand, without witnesses.
In Georgia, for a will to be considered valid, it must be:
- Written (typed or handwritten is fine)
- Signed by the testator
- Witnessed by two competent adults who are not beneficiaries
Requirements of the witness:
- They cannot be beneficiaries of the will and ideally, should be completely disinterested parties. A disinterested party means that they do not receive anything from the will.
- They must be at least 14 years old.
- They must sign the will in your presence and at the same.
Without valid witnesses, the will is likely to be thrown out, and your estate will pass under Georgia’s default intestacy laws. Ultimately, this means that the state, not you, decides who receives your assets.
However, even if your handwritten will has two witnesses, other issues can make it invalid. Here’s a few common issues:
- Using vague language (i.e., split everything evenly)
- Forgetting to name your executor
- Crossing things out or writing additions later, without properly updating the will.
- Failing to include a self-proving affidavit (which is not required but greatly speeds up the probate process.)
Overall, a handwritten note can express your wishes, but it won’t carry legal weight unless it follows Georgia law specifically. The safest route is get a properly drafted, witnessed, and signed will.
Give us a call if we can help with this process: (404) 409-5665.
