Estate plan requirements

Georgia

Everything your estate plan needs to be valid in Georgia: execution requirements, statutory citations, and the exact wording each document requires.

Requirements at a glance

Document	Witnesses	Notary
Will	2 required	Recommended
Living trust	None required	Recommended
Power of attorney	2 required	Required
Healthcare directive	2 required	Not required

Minimum age for a will:: 14

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We are reviewing Georgia’s rules for online legal document services and have paused generating documents governed by Georgia law while that review is under way.

Will

Ga. Code §53-4-1 et seq.

Witnesses: 2 required

Two or more competent witnesses must attest and subscribe the will in the presence of the testator, and the will must be signed by the testator or by another individual in the testator's presence and at the testator's express direction (O.C.G.A. § 53-4-20). Georgia case law adds that the testator must sign, or acknowledge the signature, in the presence of the witnesses.

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 to make a will is 14 (O.C.G.A. § 53-4-10)

•A witness who inherits under this will loses that gift. A testamentary gift to a subscribing witness is void unless at least two other subscribing witnesses who are not beneficiaries also signed (O.C.G.A. § 53-4-23(a)). A Georgia will signed by two witnesses can never meet that exception: if either witness is a beneficiary, that witness's gift is void, the rest of the will still stands, and nothing done afterward restores the gift. Pick two witnesses who receive nothing under this will

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 the 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 the instrument as such and wished each of them to sign it as a witness; and under oath each witness stated further that the witness had signed 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 _______________ and _______________, witnesses, this _____ day of ______________, 20____. __________________________________ (Seal) Notary Public, State of Georgia My commission expires: _____________

ViewWitness disqualification / interested-witness rule

Ga. Code §53-4-23(a): a subscribing witness who is also a beneficiary remains competent, but the testamentary gift to that witness is void unless at least two other subscribing witnesses who are not beneficiaries also signed, an exception a two-witness Georgia will can never meet. Under §53-4-23(b), a gift to a witness's spouse is not voided; the marriage goes only to the witness's credibility. Georgia purges the gift, not the will: the rest of the will stands.

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

Certification of trust: O.C.G.A. §53-12-280

Georgia lets your trustee prove the trust to a bank, brokerage, title company, insurer, or transfer agent with a short certification instead of the trust itself. It states that the trust exists, who the trustee is, and what the trustee may do, and it leaves out who inherits and what each person receives. The same section also says what happens if someone demands the trust itself anyway. O.C.G.A. §53-12-280(g) provides that a person making a demand for the trust instrument in addition to a certification of trust or excerpts shall be liable for damages, including court costs and attorney's fees, if the court determines that such demand was not made in good faith.

State-specific notes

•Georgia requires an express trust to be created or declared in writing and signed by the settlor, or by an agent for the settlor acting under a power of attorney containing express authorization, and to have, ascertainable with reasonable certainty, the settlor's intent to create the trust, trust property, a reasonably ascertainable beneficiary (charitable trusts and trusts for the care of an animal excepted), a trustee, and trustee duties (O.C.G.A. § 53-12-20). Notarization is not part of that statutory test, but financial institutions and county clerks routinely expect it. Notarize in practice

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

•Georgia requires the principal's signature, attestation in the principal's presence by one competent witness who is not named as an agent, and attestation by a second individual who is neither that witness nor an agent and who is a judge of a court of record, a magistrate, a notary public, or a clerk or deputy clerk of a superior or city court (O.C.G.A. § 10-6B-5, with the attesting officers listed at O.C.G.A. § 44-2-15). For recording, a recordable instrument must be an original and must be attested or acknowledged as provided by law, and nothing in the recording statute dispenses with another witness where an additional witness is required (O.C.G.A. § 44-2-14(a)). A mortgage must be signed by the maker, attested by one of those same officers, and attested by one other witness (O.C.G.A. § 44-14-33). Our POA renders a notary block plus two witness lines, so sign with both witnesses and the notary present

•Durability is presumed unless the instrument states otherwise (O.C.G.A. § 10-6B-4)

•A power of attorney terminates when the principal revokes it, and the statute prescribes no particular method of revocation (O.C.G.A. § 10-6B-10, subsection (a)(3)). A termination is not effective against the agent, or against a third party who acts in good faith without actual knowledge of it, so notifying the agent in writing is what makes a revocation practically effective (subsection (d) of that section). If the principal gives that notice by certified mail or statutory overnight delivery, the principal may file the notice and evidence of the agent's receipt with the clerk of superior court in the principal's county of domicile to establish the agent's knowledge; that filing is optional (subsection (g) of that section)

•Since 1/1/2025, Georgia notaries must keep a written or electronic journal of each notarial act performed at the request of a 'self-filer' (O.C.G.A. § 45-17-8(g), added by Ga. L. 2024, p. 553, Sec. 1-3/HB 1292). A self-filer is a party to a deed, mortgage, lien, plat or state tax execution who is not one of the exempted professionals or their representatives, such as a licensed attorney, a title insurance agent, a real estate licensee, an agent of a bank, mortgage lender or servicer, a public official acting officially, or a licensed land surveyor (O.C.G.A. § 44-2-2). Signing a power of attorney alone does not make you a self-filer; if you also sign a deed or mortgage that day, expect the notary to log your name, address, telephone number, the date, time and place, your ID type and number, your signature and the document type, which is normal procedure and not a red flag

ViewWarning notice for the principal

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 coagent in the Special Instructions. Coagents 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.

Georgia Advance Directive for Health Care

Ga. Code §31-32-1 et seq.

Last verified: 2026-08

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 sterilization, involuntary hospitalization, or involuntary treatment covered by Title 37 (mental-health code)

•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))

•A physician or health care provider who is directly involved in the declarant's health care may not serve as the declarant's health care agent (O.C.G.A. § 31-32-5(d))

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 any and all types of medical care, treatment, or procedures relating to the declarant's physical or mental health, subject to any limitations appearing on the face of the form, but NOT sterilization and not involuntary hospitalization or involuntary treatment covered by Title 37 (mental-health code). Those decisions cannot be routed through the advance directive: involuntary hospitalization and involuntary treatment follow Title 37's own commitment procedures. Separately, § 31-32-7(g), added by Ga. L. 2022, p. 611, § 2-13/HB 752, makes the health-care agent's authority over mental health care subordinate to that of a mental health care agent under Chapter 11 of Title 37 and subject to the terms of any psychiatric advance directive the declarant executed before, at the same time as, or after this directive.

ViewWitness disqualification recital

A witness may not be the health care agent or alternate agent, a person who will knowingly inherit anything from the declarant or otherwise knowingly gain a financial benefit from the declarant's death, or a person directly involved in the declarant's health care. Not more than one witness 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)).

Subscription

6 more documents with a subscription

Document generation is currently unavailable for Georgia, including these.

Disposition of Remains Affidavit

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

In this state: Georgia recognizes a statutory Disposition of Remains Affidavit; we follow that form. (O.C.G.A. §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. The free packet includes it too whenever it has a healthcare directive.

Designation of Guardian and 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	Included in free	Included in paid tier
State-specific signing guide	Included in free	Included in paid tier
Download as PDF, print forever	Included in free	Included in paid tier
Secure online storage	Not in free	Included in paid tier
Covers real estate, business, digital, and funeral wishes	Not in free	Included in paid tier
Disposition of remains authorization	Not in free	Included in paid tier
Standalone HIPAA authorization	Not in free	Included in paid tier
Nomination of conservator	Not in free	Included in paid tier
Business succession declaration	Not in free	Included in paid tier
Real-estate retitling checklist	Not in free	Included in paid tier
Special needs trust provisions	Not in free	Included in paid tier
Letter of instruction, pre-filled and editable	Not in free	Included in paid tier
Edit anytime	Not in free	Included in paid tier
Annual review reminder	Not in free	Included in paid tier

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)

For the paper documents Will.com produces, Georgia does not allow remote online witnessing. 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.

Also for Georgia

Make a Georgia will

Requirements and signing rules.

Georgia healthcare directive

Name your medical decision-maker and treatment wishes.

Georgia power of attorney

Name someone to handle finances if you can't.

Georgia living trust

Skip probate and keep your estate private.

Document generation isn’t currently available in Georgia.

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