Georgia Wills Lawyer

Bowman Law Firm helps families across Norcross, Gwinnett County, and the greater Atlanta area decide who receives their property, who raises their children, and who manages it all after they are gone. A Georgia will looks simple on paper, but it is one of the few legal documents that can be thrown out entirely over a signing mistake. Working with a Georgia wills lawyer is largely about making sure the document survives the day someone challenges it.

Georgia is strict about how a will is made. It must be in writing, signed by the testator, and attested by at least two competent witnesses. Oral wills are not valid, and a handwritten will that no one witnessed is not recognized either. The state also does not require a notary for a will, which surprises many people who assume every important document needs a stamp. A will that is carefully written but improperly signed is, in practical terms, no will at all.

That gap between what people think a will requires and what Georgia actually demands is where most problems start. A will also does only part of the job: it speaks after death, it does not pass property held in a trust or with a named beneficiary, and it cannot help if you become incapacitated first. Getting it right means understanding where a will fits and where it does not.

What Makes a Will Valid Under Georgia Law

The execution rules are narrow and worth knowing precisely. The testator signs the will, or another person signs for the testator, in the testator’s presence and at the testator’s express direction. A signature can be a mark or any name the testator intends to serve as authentication. Two or more competent witnesses must then attest and sign. Those witnesses must sign for themselves; no one else may sign a witness’s name, even in that witness’s presence and at that witness’s request.

Age matters at both ends. A person can make a will in Georgia at 14, and witnesses must also be at least 14. Those are low thresholds, but capacity is a separate question from age. The testator must understand what a will is, know the nature and extent of their property, and recognize the people who would naturally inherit. When a will is contested, these capacity questions and claims of undue influence are the usual battleground.

Georgia allows a self-proving affidavit, signed before a notary alongside the will. It is not required for validity, but it can spare witnesses from having to be located and questioned later, which is a real convenience when a will is offered years after it was signed. A codicil, which is an amendment to an existing will, must be executed with the same formality as the will itself. Scribbling changes in a margin or adding a handwritten note to a signed will is a reliable way to create a dispute.

Why Choose Bowman Law Firm for Will Drafting in Georgia

Bowman Law Firm is an estate planning, trust, and elder law firm serving families in Norcross, throughout Gwinnett County, and across Fulton, DeKalb, Cobb, Forsyth, and Hall counties. Clients work directly with an attorney who knows their family and their goals, and the firm’s guiding idea is that each client is a person first, a client second, and never a file number.

Attorney Bowman’s background is broader than estate planning alone. She has tried cases for a national consumer law firm, served as Law Clerk to a Federal Judge in Georgia, and handled personal injury cases on the defense side for a large Florida law firm. That litigation experience shapes how wills are drafted: she knows what a challenge to a will looks like from the courtroom side, and writes documents with that scrutiny in mind. Clients have described her as honest, hardworking, knowledgeable, and reassuring.

The firm’s staff speaks English, Spanish, and Vietnamese, so families can discuss who should inherit and who should serve as guardian in the language they are most comfortable with. The process is simple: a free discovery call, an initial consultation to design the plan for $100, and an in-person signing meeting where the documents are presented and executed correctly. Virtual consultations are available for clients who cannot come in.

Situations That Call for a Will or a Revised Will

• Parents of Minor Children: A will is where you name a guardian for your children, and a trust cannot do that for you. Without a named guardian, a court decides, and the result may not be the person you would have chosen.
• Pour-Over Wills With a Living Trust: If your plan centers on a trust, a pour-over will acts as a safety net, sending any asset you forgot to retitle into the trust at death.
• Blended Families: Second marriages and stepchildren are where default inheritance rules most often produce results no one intended. A clear will states who receives what.
• Homeowners and Retirement Account Holders: Owning a house or an account is enough to justify a plan. Beneficiary designations on retirement accounts and life insurance override a will, so the documents must be coordinated.
• Families With Multi-Generational Ties Abroad: Many Gwinnett and DeKalb families have relatives or property outside the United States. A will should be written with those assets and heirs in mind, and in a language the family can review.
• Adult Children With Special Circumstances: A beneficiary who struggles with money, receives public benefits, or faces creditors may be better served by a trust created through the will than by an outright gift.
• Digital Assets: Email, photos, cloud storage, and online accounts are covered by Georgia’s fiduciary access law, and a will can state whether your executor may access them.
• Outdated Wills: A will written before a marriage, divorce, birth, move, or major change in finances may no longer reflect what you want.

Signing, Storing, and Probating a Will in Georgia

If you are putting a will in place now, start by gathering a list of what you own, who depends on you, and who you would trust as executor and guardian. Decide who gets specific items and who receives the rest. Then think about who should serve as witnesses: ideally people who stand to gain nothing from the will, because a beneficiary who witnesses a will can create complications. The signing itself should be done with both witnesses present and watching, following the sequence an attorney walks you through. Mistakes at this stage are the most common and the most avoidable.

Once signed, the original should be kept somewhere your executor can find it. A will no one can locate is a will that may never be probated. When a death occurs, the will is filed with the probate court in the county where the person lived. For Norcross and most of the surrounding communities, that is the Probate Court of Gwinnett County in Lawrenceville, which handles probate of wills, estate administration, and guardianships. Families in other counties we serve file with their own probate court, such as the Fulton County Probate Court, the DeKalb County Probate Court in Decatur, the Cobb County Probate Court in Marietta, the Forsyth County Probate Court in Cumming, or the Hall County Probate Court in Gainesville. Gwinnett Probate accepts electronic filing through eFile GA, and DeKalb handles will and estate filings through the Georgia eFile system.

A will does not avoid probate; it directs it. Assets passing under a will generally go through the county court, while assets in a funded trust or with a named beneficiary usually do not. That is the main reason many families pair a will with a trust, and why the firm treats the two as parts of one plan. A Georgia will attorney should explain which of your assets will actually pass under the will before you sign it.

Where a Will Falls Short, and What Fills the Gap

A will does nothing while you are alive. If an illness or injury leaves you unable to manage your affairs, your will is irrelevant and your family may have to ask a court for authority to act for you. Two other documents handle that period. A durable financial power of attorney lets a trusted person manage your accounts and property. In Georgia it must be signed by you, witnessed by a competent witness, and acknowledged before a notary who is not that witness, and it remains effective after incapacity unless it says otherwise. It also ends at death, at which point the will takes over.

An advance directive for health care names a health care agent and records your wishes about life-sustaining treatment. It requires two adult witnesses, and neither may be your agent, someone who stands to inherit from you, or a person directly involved in your care. Notarization is not required. A living will and a last will and testament are different instruments with different purposes, and most people need both.

Georgia has no state estate tax and no inheritance tax, so for most families the focus of a will is not tax avoidance but control: who inherits, who manages, and who raises the children. Federal estate tax applies only to very large estates. The larger practical risk for many families is the cost of long-term care. Georgia Medicaid reviews transfers made during a 60-month look-back period, and gifts made for less than fair value can trigger a penalty period of ineligibility. A will cannot solve that problem on its own, which is why the firm also handles Medicaid and asset protection planning when a family’s situation calls for it.

Common Questions About Georgia Wills

Does a will have to be notarized in Georgia?

No. Notarization is not required for a will to be valid. What is required is the testator’s signature and the signatures of at least two competent witnesses. A notarized self-proving affidavit can be added to make the will easier to admit to probate later.

Is a handwritten will valid in Georgia?

Not unless it meets the same execution requirements as any other will. Georgia does not recognize a holographic will, meaning a handwritten document without witnesses. A handwritten note, even one signed and clearly sincere, will not substitute for a properly witnessed will.

How old do you have to be to make a will in Georgia?

You must be at least 14 to make a will, and witnesses must also be at least 14. Age is only one requirement; the testator must also have the mental capacity to understand what they are doing and who their family members are.

What happens if I die without a will in Georgia?

Georgia’s intestacy laws decide who inherits, dividing your estate among your spouse, children, and other relatives by a fixed formula. You also lose the ability to choose who administers your estate or who raises your minor children. The outcome may look nothing like what you would have chosen.

Do I still need a will if I have a trust?

Yes. A pour-over will catches assets that never made it into your trust and directs them there. A will is also where you name a guardian for minor children, which a trust cannot do.

Can I change my will after I sign it?

Yes. You can sign a new will that replaces the old one or add a codicil. A codicil must be signed and witnessed with the same formality as the original will. Informal changes, such as crossing out a name or writing in the margin, can cause the very disputes a will is meant to prevent.

Can a witness also be a beneficiary of my will?

It is best to avoid it. Georgia law does not make a will invalid simply because a witness is a beneficiary, but using disinterested witnesses removes any argument that someone with a financial stake influenced the document. We choose witnesses carefully at every signing.

Will my will keep my family out of probate court?

No. A will is filed with the probate court and generally has to pass through it. If avoiding court involvement is a goal, a properly funded revocable living trust handles assets privately, with a pour-over will as backup.

Does my out-of-state will still work if I move to Georgia?

A will signed according to the law of the place where it was made is generally honored, but moving is a good moment to have it reviewed. Different state rules on witnesses, property, and spousal rights, along with new Georgia assets, can make an older will a poor fit.

Can my executor access my email and online accounts?

Only to the extent you allow it and the platform permits. Georgia’s digital assets law lets you grant or limit access in a will, though a direction you give through an online tool offered by a provider can override the will. Executors still cannot impersonate you, and company terms of service apply. Naming your wishes in your will is wise either way.

How often should I review my will?

We recommend reviewing it every three to five years and after any major life event, such as marriage, divorce, a birth, a move, or a significant change in your finances. A will that was right ten years ago can quietly become wrong.

Serving Wills Clients From Norcross Across Metro Atlanta

Bowman Law Firm drafts wills for families starting in Norcross and throughout Gwinnett County, including neighbors in Peachtree Corners, Duluth, Lilburn, Lawrenceville, Suwanee, and Buford. Along the Buford Highway corridor, we work with the diverse communities of Doraville, Chamblee, and Brookhaven. In north Fulton we serve Johns Creek, Alpharetta, and Roswell, and in the Perimeter area, Dunwoody and Sandy Springs.

We also represent clients in Marietta in Cobb County, Decatur in DeKalb County, Cumming in Forsyth County, and Gainesville in Hall County, as well as families in Dalton. Whatever county your estate will eventually be probated in, the will should be drafted with that court and Georgia’s execution rules in mind, and virtual consultations make it easy to begin from wherever you are.

Speak With a Georgia Wills Attorney at Bowman Law Firm

A will is only worth the paper it is written on if it is signed correctly, coordinated with the rest of your plan, and updated as your life changes. Bowman Law Firm can walk you through each decision in plain language and in English, Spanish, or Vietnamese. Call or schedule a free discovery call to speak with a Georgia wills attorney, then move on to the initial consultation where your plan is designed around your family.

The best time to put a will in place is before anyone needs it. Contact Bowman Law Firm today and let attorney Shireen Hormozdi Bowman help you make sure the people you love are cared for the way you intend.