Estate plan

Georgia

Everything to plan your estate in Georgia: execution requirements, the documents we generate, statutory citations, and the exact wording our generators insert.

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Will, living trust, durable power of attorney, and healthcare directive. All four documents, all valid in Georgia, all for $29/year.

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Georgia content last reviewed May 18, 2026.

Will

2W

Trust

POA

2W + N

HC Directive

2W

E-will

Not adopted

RON

Not authorized

Remote online notarization

ROW

Not allowed

Remote online witnessing

Community property

No

Minimum age

14

Georgia minimum

NW + N = N witnesses + notarizationNW = N witnesses, no notarizationN = notarization, no witnesses = no formal requirements
1

Will

Ga. Code §53-4-1 et seq.

Witnesses: 2 required

Two competent witnesses must sign in the presence of the testator; the testator must sign or acknowledge the signature in the presence of both witnesses (O.C.G.A. § 53-4-20)

Notarization: Recommended

Not legally required, but recommended for self-proving affidavit

Holographic will: Not valid

Georgia does not recognize handwritten wills without witnesses

Self-proving affidavit: Available

Allows the will to be admitted to probate without witness testimony

Executor bond waiver: Statutory phrasing required

Georgia requires explicit bond-waiver phrasing for it to bind the probate court. We insert the statutory wording.

State-specific notes

Minimum age is 14 (one of the lowest in the US)
ViewSelf-proving affidavit wording
State of Georgia County of _______________ Before me, the undersigned authority, on this day personally appeared {testatorName}, _______________, and _______________, known to me to be the testator and the witnesses, respectively, whose names are subscribed to the annexed or foregoing instrument in their respective capacities, and all of said individuals being by me duly sworn, {testatorName}, testator, declared to me and to the witnesses in my presence that said instrument is the last will and testament or a codicil to the last will and testament of the testator and that the testator had willingly made and executed it as a free act and deed for the purposes expressed therein. The witnesses, each on oath, stated to me in the presence and hearing of the testator that the testator had declared to them that said instrument is the testator's last will and testament or a codicil to the testator's last will and testament and that the testator executed it as such and wished each of them to sign it as a witness; and upon their oaths each witness stated further that they did sign the same as witness in the presence of the testator and at the testator's request; that the testator was 14 years of age or over and of sound mind; and that each of the witnesses was then at least 14 years of age. __________________________________ {testatorName}, Testator __________________________________ Witness __________________________________ Witness Sworn to and subscribed before me by {testatorName}, testator, and sworn to and subscribed before me by the witnesses, this _____ day of ______________, 20____. __________________________________ (Seal) Notary Public, State of Georgia My commission expires: _____________
2

Living Trust

Witnesses: None required

No formal execution requirements beyond settlor signature; notarization strongly recommended when funding real property

Notarization: Recommended

Not legally required for the trust document, but needed to transfer real property

State-specific notes

Georgia law (O.C.G.A. §53-12-20) only requires a signed writing for trust validity, but financial institutions and courts routinely treat notarization as required. Notarize in practice
3

Durable Power of Attorney

Witnesses: 2 required

Georgia requires 2 witnesses for power of attorney execution

Notarization: Required

Notarization is required for a valid durable power of attorney

State-specific notes

O.C.G.A. § 10-6B-5 requires one witness AND a notary, but O.C.G.A. § 44-2-14 (general recording attestation, with § 44-14-33 for mortgages) requires TWO witnesses for any instrument conveying or affecting an interest in real property to be recordable; § 44-2-15 lists which officers may serve as the official witness. The POA renders two witness lines so the same instrument can be used for real-property conveyance without re-execution
Durability is presumed unless the instrument states otherwise (O.C.G.A. § 10-6B-4)
To revoke, the principal must notify the agent in writing by certified mail or statutory overnight delivery; filing the notice with the clerk of superior court in the principal's county of domicile is optional and may be used to establish the agent's knowledge of revocation (O.C.G.A. § 10-6B-10(g); the pre-2018 mandatory-filing language was deleted by Ga. L. 2018, p. 855)
Since 1/1/2025, Georgia notaries must maintain a written or electronic journal for any notarial act performed at the request of a 'self-filer' (O.C.G.A. § 45-17-8(g), added by HB 1292 / 2024 Ga. Laws 549). A self-filer is any non-professional party to a recordable instrument (deed, mortgage, lien, plat) or to a state tax execution. Expect the notary to record the principal's name, address, phone, ID type/number, and document type; this is normal post-2025 procedure, not a red flag
ViewStatutory warning notice
IMPORTANT INFORMATION This power of attorney authorizes another person (your agent) to make decisions concerning your property for you (the principal). Your agent will be able to make decisions and act with respect to your property (including your money) whether or not you are able to act for yourself. The meaning of authority over subjects listed on this form is explained in O.C.G.A. Chapter 6B of Title 10. This power of attorney does not authorize the agent to make health care decisions for you. You should select someone you trust to serve as your agent. Unless you specify otherwise in the Special Instructions, generally the agent's authority will continue until you die or revoke the power of attorney or the agent resigns or is unable to act for you. Your agent is not entitled to any compensation unless you state otherwise in the Special Instructions. Your agent shall be entitled to reimbursement of reasonable expenses incurred in performing the acts required by you in your power of attorney. This form provides for designation of one agent. If you wish to name more than one agent, you may name a successor agent or name a co-agent in the Special Instructions. Co-agents will not be required to act together unless you include that requirement in the Special Instructions. If your agent is unable or unwilling to act for you, your power of attorney will end unless you have named a successor agent. You may also name a second successor agent. This power of attorney shall be durable unless you state otherwise in the Special Instructions. This power of attorney becomes effective immediately unless you state otherwise in the Special Instructions. If you have questions about the power of attorney or the authority you are granting to your agent, you should seek legal advice before signing this form.
4

Georgia Advance Directive for Health Care

Ga. Code §31-32-1 et seq.

Last verified: 2016-03

Witnesses: 2 required

Two witnesses required. O.C.G.A. § 31-32-5(c)

Notarization: Not required

Notarization is not required but may be accepted

Document sections

Mental health authorizationHIPAA authorization

Key features of Georgia healthcare directive

4-part form: Health Care Agent, Treatment Preferences (Living Will), Guardianship, Effectiveness
Mental health exclusion: agent is NOT authorized for psychosurgery, sterilization, or involuntary hospitalization
Integrated HIPAA authorization for medical records release
Guardianship nomination section to name preferred guardian if court proceeding arises

State-specific notes

Each witness must be of sound mind and at least 18 years of age (O.C.G.A. § 31-32-5(c)(1))
Neither witness may be (A) the health-care agent, (B) a person who will knowingly inherit or otherwise knowingly gain a financial benefit from the declarant's death, or (C) a person directly involved in the declarant's health care (O.C.G.A. § 31-32-5(c)(2))
Not more than one of the witnesses may be an employee, agent, or medical staff member of the health-care facility in which the declarant is receiving care (O.C.G.A. § 31-32-5(c)(3))
ViewForm section list (4)
1. Part 1: Health Care Agent 2. Part 2: Treatment Preferences 3. Part 3: Guardianship 4. Part 4: Effectiveness and Signatures
ViewMental health authorization wording
Under O.C.G.A. § 31-32-7(e)(1), a Georgia health-care agent may consent to or refuse most medical care and procedures, but NOT psychosurgery, sterilization, or involuntary hospitalization or treatment under Title 37 (mental-health code). These specific decisions cannot be delegated through the advance directive and must be made by the declarant or, where allowed, through separate judicial process.
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6 more documents with a subscription

$29/year unlocks the documents below alongside the four free ones above. Your answers and documents are saved privately to your account, encrypted in your browser, so you can revise them any time life changes.

Affidavit on Disposition of Remains

Names the agent who controls funeral, burial, or cremation decisions, with optional preferences.

In this state: Georgia recognizes a statutory Affidavit on Disposition of Remains; we follow that form. (Ga. Code § 31-21-7)

HIPAA Authorization

Stand-alone PHI release that survives death for the period you specify, separate from the in-life authorization in your healthcare directive.

Nomination of Conservator

Pre-nominates the person you want a court to appoint if a conservator (or guardian of the estate) is ever needed.

Business Succession Declaration

Identifies your interests in any closely-held businesses and how they should be transferred or wound down.

Real-Estate Retitling Checklist

Step-by-step instructions for transferring real-property deeds into your trust so the trust actually controls those assets.

Letter of Instruction

Non-binding personal note to your executor and family: where to find documents, account access, funeral wishes, and other practical guidance.

Free vs. paid

Free
Paid
All 4 state-specific documents
State-specific signing guide
Download as PDF, print forever
Secure online storage
Covers real estate, business, digital, and funeral wishes
Disposition of remains authorization
Standalone HIPAA authorization
Nomination of conservator
Business succession declaration
Real-estate retitling checklist
Special needs trust provisions
Letter of instruction, pre-filled and editable
Edit anytime
Annual review reminder
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Electronic will status

Georgia has not adopted electronic will legislation. A traditional paper will with physical signatures is required.

Digital assets access

Georgia has adopted RUFADAA (2018). This is the Revised Uniform Fiduciary Access to Digital Assets Act, which lets your executor, trustee, or agent access your email, social media, cryptocurrency wallets, cloud storage, and other digital accounts after death or incapacity.

To take advantage of RUFADAA, your will, trust, or power of attorney must explicitly grant authority to access digital assets. Without explicit authorization, service providers can deny access even to a court-appointed executor.

Remote online notarization (RON)

Georgia has not authorized remote online notarization for estate planning documents.

Will

Not allowed

Trust

Not allowed

POA

Not allowed

Remote online witnessing (ROW)

Georgia does not allow remote online witnessing for estate planning documents. Witnesses must be physically present when you sign.

Will

Not allowed

Trust

Not allowed

POA

Not allowed

HC Directive

Not allowed

This information is general in nature and not legal advice. Laws change. Consult a licensed estate planning attorney in Georgia for guidance specific to your situation.

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