STATE OF GEORGIA-LEGAL REQUIREMENTS FOR A WILL
In Georgia, the laws regarding the valid execution and witnessing of a Will are set forth in the Code of Georgia; Title 53 Wills, Trusts, and Administration of Estates; Chapter 4 Wills; Article 2 Testamentary Capacity, Section 10; and, Article 3 Execution and Attestation, Sections 20 & 22. In Georgia, any person fourteen (14) or more years of age who is of sound mind may make a will. (See: Section 53-4-10) “Sound mind” generally means someone who has not been deemed incompetent in a prior legal proceeding. A Will must be in writing, signed by the testator and by two witnesses. The testator may sign by their mark or by any other name intended to authenticate the document as the testator’s Will. If the testator cannot physically sign his name he may direct another party to do so. This party may not be one of the witnesses. Each witness must sign the Will in the testator’s presence. (See: Section 53-4-20) In Georgia, any person who is competent and age fourteen (14) or over may witness a Will. If a witness is also a beneficiary under the Will, the witness may be competent to attest to the Will’s authenticity, but the gift to the witness will be void unless there are at least two disinterested witnesses to the will. (See: Section 53-4-23) Currently, Georgia does not allow a Will to be made self-proven.