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Does A Will Have To Be Notarized In Georgia?

Does A Will Have To Be Notarized In Georgia - What Are The Five Requirements For A Valid Will In Georgia

Does a will have to be notarized in Georgia?

In this article, you’ll learn about: 

  • whether a will needs to be notarized in Georgia
  • if it makes the will invalid
  • what happens if a will is not notarized
  • whether your estate will go through intestate instead
  • how to get it notarized if you need to

Let’s dig in.

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Does A Will Have To Be Notarized In Georgia?

No, a will in Georgia does not have to be notarized. 

However, having it notarized can simplify the probate process. 

If the will is notarized, it becomes a self-proving will.

This can expedite the process of settling an estate in Georgia.

But, let’s say a will is not notarized in Georgia.

It can still be valid if it meets other requirements, such as being signed by:

  • the testator 
  • two witnesses

Self-Proving Wills In Georgia

However, without notarization, the will is not self-proving. 

When a will is not notarized in Georgia, the witnesses need to testify in court to:

This can make the Georgia probate process more:

  • time-consuming 
  • complicated

Some issues that our estate planning clients face are:

  • witnesses cannot be found (i.e., they have just lost contact over the years)
  • witnesses have passed away
  • witnesses can’t travel to testify

Let’s say you can’t get the witnesses to show up to testify. 

The will would be invalid. 

And the courts would:

  • void your will

To make your will self-proving so that you can avoid this, you can:

Read More: How Long Does An Executor Have To Settle An Estate In Georgia?

What Makes A Will Legal In Georgia?

There are several requirements that make a will legal in Georgia.

Georgia’s will requirements are:

  • the testator is 14+ years of age
  • the testator is of sound mind
  • you have a handwritten will (not verbal, audio recording, videos, etc.)
  • the testator signs the will
  • two competent witnesses sign the will

What Are The Five Requirements For A Valid Will In Georgia?

For a will to be valid in Georgia, it must meet the following requirements:

  1. The person making the will, called the testator, must be at least 14 years old.
  2. The testator must be of sound mind, meaning they have the mental capacity to understand the nature of the will and its effects.
  3. The will must be in writing. It can be either a typed or handwritten will.
  4. The testator must sign the will at the end or have someone sign it on their behalf in their presence and at their direction.
  5. Two witnesses must sign the will, attesting that they saw the testator sign the will or acknowledge their signature. 

Everyone involved must be:

  • of sound mind
  • competent
  • at least 14 years old

Meeting these requirements ensures the will’s validity under Georgia law.

Georgia Will Laws

Georgia’s law on wills and estate are:

  • Age Requirement: The testator must be at least 14 years old.
  • Mental Capacity: The testator must be of sound mind, understanding the nature and effects of the will.
  • Written Document: The will must be in writing, either typed or handwritten.
  • Signature: The testator must sign the will or have someone sign it on their behalf in their presence and at their direction.
  • Witnesses: Two witnesses, at least 14 years old and competent, must sign the will, attesting that they saw the testator sign or acknowledge their signature.
  • Self-Proving Wills: A will can become self-proving if it is notarized, which simplifies the probate process by not requiring witnesses to testify in court.
  • Intestate Succession: If someone dies without a valid will, Georgia’s intestate succession laws determine the distribution of their assets among their closest relatives, such as a spouse, children, or other family members.
  • Probate Process: The Georgia probate court oversees the distribution of assets, payment of debts, and administration of the estate according to the testator’s wishes or intestate succession laws if there’s no valid will.

Who Can Notarize A Will In Georgia?

Our estate planning attorneys will notarize your will for you. 

But, any notary public can notarize a will. 

Notary publics are authorized by their state to witness and authenticate signatures on wills.

 To notarize a will, the notary public must:

  • verify the identity of the testator and witnesses
  • confirm that they are signing the document willingly
  • ensure that they understand the document’s purpose

The notary public then adds their signature, seal, and notarial certificate to the will.

This makes it a self-proving document in Georgia.

FAQs About Does A Will Have To Be Notarized In Georgia

Clients ask some common questions for a Georgia last will and testament.

Is A Will Valid If It's Not Notarized?

In Georgia, a will is still valid even if it’s not notarized.

A will does not have to be notarized in Georgia to be a valid will.

How Many Witnesses Are Required For A Will?

Per Georgia code, you need two witnesses to have a valid will.

These witnesses HAVE to:

  • be in the presence of the testator signing the will
  • be competent and of sound mind
  • be at least 14 years of age

Who Can Witness A Will In Georgia?

In Georgia, two witnesses are required for a will. 

Eligible witnesses must be:

  • at least 14 years old
  • mentally competent
  • not beneficiaries of the will

Witnesses need to:

  • observe the testator signing the will
  • sign the will themselves

This will confirm that they witnessed the testator’s signature.

Do You Need Two Witnesses For A Will in Georgia?

Yes, you need two witnesses for a will in Georgia.

If you don’t have two witnesses for a Georgia will, then it’s not a valid will.

This means that one witness or zero witnesses will not cut it.

Both witnesses will need to be present to see the testator sign the will.

This is common with holographic wills that are not signed by witnesses.

These types of wills are not valid in Georgia.

Our law firm will provide two witnesses so you don’t have to worry about this.

Can I Write My Own Will And Have It Notarized In Georgia

Yes, in Georgia, you can write your own will and have it notarized. 

To ensure the will’s validity, make sure it is:

  • in writing
  • signed by you
  • signed by two witnesses

Those witnesses need to be:

  • at least 14 years old 
  • mentally competent 

Having the will notarized makes it self-proving.

This can simplify the probate process by not requiring witnesses to testify in court to verify your signature.

What Happens If A Will Is Not Notarized?

If a will is not notarized in Georgia, it can still be valid.

But only if it meets the other requirements, such as being signed by the testator and two witnesses. 

However, without notarization, the will is not self-proving. 

In the probate process, the witnesses may be required to testify in court to:

  • verify the testator’s signature 
  • confirm the will’s validity

This can make the probate process more time-consuming and complicated.

Can A Notary Be A Witness To A Will?

No, a notary cannot be a witness to a will in Georgia.

A notary public is normally going to be the estate planning attorney.

The one who creates the last will and testament for you.

A notary has to witness the witness signing the will.

A notary cannot witness themselves signing a document.

They can only witness another person’s actions under Georgia law.

Each person involved has to play independent a role.

Get A Will That's Notarized In Georgia

If you want to secure your legacy with our exclusive estate planning services, fill out the form below. 

At The Hive Law, we understand the importance of:

  • protecting your hard-earned assets 
  • ensuring your family’s future

We only accommodate a limited number of clients each month.

So don’t miss your opportunity to work with our esteemed estate planning attorneys.

Benefits of our estate planning services:

  • Tailored solutions to fit your unique needs and goals
  • Expert guidance in navigating complex tax and legal matters
  • Preservation of your wealth for future generations
  • Streamlined asset distribution according to your wishes

Avoid the pitfalls of inadequate estate planning:

  • Creditors seizing your assets
  • Lawsuits jeopardizing your family’s financial security
  • Family disputes over inheritance
  • Costly and time-consuming probate processes

Talk soon.

Get A FREE Consultation!
We run out of free consultations every month. Sign up to make sure you get your free consultation. (Free $350 value.)
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