Is An Online Will Legally Valid in Georgia?

Yes, online wills are legally valid in Georgia. However, to make it legally valid, there are additional steps you need to take. Learn more about those rules below.

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What Makes an Online Will Legally Valid in Georgia?

Under O.C.G.A. 53-4-20, a valid will must be signed by the testator and attested and subscribed in the testator's presence by two or more competent witnesses. Notarization is not required, but a notarized self-proving affidavit is helpful to avoid court delays during probate proceedings.

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Georgia does not recognize holographic wills.  

What You Need to Know about Online Wills in Georgia

Estate laws are extremely complex and vary by state. It's important to make sure your online will is meets all state requirements to avoid a long, complex court process.

Georgia Property Laws

All property owned solely in your name is distributed according to your will. If you have no will, your property is distributed under the state's intestate succession rules, regardless of when it was acquired during the marriage.

Georgia Probate

Most estates in Georgia go through probate court. Georgia does not use a dollar-based small estate threshold. Instead, heirs can petition for no administration necessary regardless of the estate's size, as long as all heirs agree and there are no unpaid debts.

Avoiding Probate in Georgia

Probate can be messy, take months or years to finalize, and sometimes comes with high court costs. That’s why people often wish to avoid the proceedings altogether. Here are some ways you can do that.

• Put your assets in a revocable living trust, which lets you keep control over your estate as the trustee, and names a successor to manage distribution after your death.

• Place beneficiary designations on any financial and retirement accounts that you’d prefer to go to certain people. A payable-on-death (POD) designation specifies who receives funds at the time of your death, and a transfer-on-death (TOD) designation names a new owner for brokerage accounts.

• Hold property as joint tenants with right of survivorship, which will automatically pass to the surviving owner outside of probate.

Want to learn more about trusts? Discover what is included in a trust.