The Hive Law
Last Will and Testament in Georgia
Without a will, Georgia law decides who gets your assets, who raises your children, and who handles your estate. This document lets you decide instead.
What a Georgia Will Does — and What It Does Not Do
A Georgia last will and testament names who inherits, who raises minor children, and who manages the estate. It does not avoid probate. It does not protect assets from long-term care. For most Georgia families, a will works alongside a trust, not instead of one. Attorney Melissa Breyer drafts both.
What Happens When You Die Without a Will in Georgia
Georgia has a plan for your estate. You just did not write it. If you die without a will, the state’s intestacy laws decide everything. Your assets go to whoever is next in line under Georgia law. That may not be the people you would have chosen. The law does not know your family. It does not know your wishes. It does not care.
If you have minor children, a court decides who raises them. The judge will pick from whoever steps forward. That could be a relative you trust. It could be one you do not. Without a will naming a guardian, you have no say in that decision. Your children’s future gets decided by a courtroom, not by you.
Your estate also goes through probate. Probate is a public court process. It can take nine months to two years in Georgia. During that time, your family may have limited access to your assets. They will spend time, money, and energy dealing with paperwork and court hearings. Everything you worked to build becomes a legal problem for the people you love.
Unmarried partners receive nothing under Georgia intestacy law. Not your house. Not your savings. Not your personal property. If you are not married, your partner has no legal claim to anything unless you put it in writing. Years of building a life together can be erased in one sentence of state law.
What a Will Actually Does
A Last Will and Testament is a legal document that records your instructions for after you die. It names who gets your assets. It names who you want to raise your children. It names an executor, the person responsible for carrying out your wishes and managing the legal process. It replaces the state’s default plan with your own.
In Georgia, a valid will must be signed by you in front of two witnesses. Both witnesses must also sign. You do not need a notary to make a will valid, but adding a self-proving affidavit speeds up the probate process. The legal requirements are simple. The consequences of skipping them are not.
A will does not avoid probate. Your estate still goes through the court process after you die. But a will makes that process faster and cleaner. The executor you name can move things forward. Without a will, the court appoints an administrator, and that takes extra time. A will does not eliminate probate, but it does give your family a map through it.
What You Get with a Last Will and Testament from The Hive Law
We start with a conversation, not a form. Melissa Breyer will sit with you for a 60-minute Family Protection Audit. She reviews your assets, your family situation, and what you actually want to happen. Then she drafts a will built specifically for your life, not a template with your name dropped in. Every document we produce starts with listening.
Your will names who gets what. Real estate, bank accounts, personal property, vehicles, sentimental items. You decide who receives each one. If you have minor children, your will names a guardian, the person you want to step in if something happens to you and your spouse. You make those decisions once, in writing, so no one else has to make them in a crisis.
Your will also names an executor. This is the person responsible for filing your will with the probate court, notifying creditors, paying final bills, and distributing assets to your beneficiaries. Choosing the right executor matters. We help you think through who the right person is and what they will need to do. The executor you name can make probate smooth or complicated for your family.
We include a self-proving affidavit with every will. This is a notarized statement from your witnesses confirming they watched you sign. It allows the probate court to accept your will without tracking down your witnesses years later. This one step saves your family significant time and potential cost down the road.
What This Does Not Do
A will does not avoid probate. If avoiding probate is your goal, you need a revocable living trust. A will directs the probate court, but your estate still goes through it. If that concerns you, ask Melissa about trust-based planning during your audit.
A will does not protect your assets from creditors or nursing home costs. It does not give your spouse or children access to your accounts before probate closes. It does not transfer beneficiary-designated assets like life insurance, retirement accounts, or jointly-held property. Those transfer by their own rules, regardless of what your will says. A will handles what it handles. It does not handle everything.
A will also does not plan for incapacity. If you are in a car accident and cannot make decisions, a will does not help. You need a financial power of attorney and an advance directive for that. We include both in the Complete Family Protection Package.
If avoiding probate is a priority for your family, a revocable living trust offers more complete protection than a will alone. Melissa can walk you through the difference during your audit.
The Documents
- Last Will and Testament
- Financial Power of Attorney
- Advance Healthcare Directive
- HIPAA Authorization
The Process
- Document Review Call
- Signing Session Guidance
- Self-Proving Affidavit
The Protections
- Guardianship Designation
- Post-Signing Checklist
- Surviving Spouse Guidance
The fact that you read this far tells us something about you. You take this seriously. So do we.
Without a Will
- Georgia law decides who gets your assets
- A court picks a guardian for your children
- Your estate goes through probate with no roadmap
- Unmarried partners receive nothing
- Your executor is chosen by a judge, not by you
- Your family spends 9 to 24 months in probate court
With a Will
- You name exactly who receives each asset
- You choose the guardian for your minor children
- Your executor follows your written instructions
- Unmarried partners and chosen family are protected
- You select the person who manages your estate
- Probate is faster and cleaner with a clear will in place
How It Works
Schedule Your Family Protection Audit
Book a 60-minute call with Melissa. She reviews your assets, your family situation, and where you are currently exposed.
Melissa Designs Your Plan
She builds your estate plan from scratch based on your specific assets and family. You get an exact quote before you commit to anything.
Review Every Document With Melissa
Before you sign, Melissa walks through every section of your trust with you in plain language. No legal jargon. No confusion about what you are signing.
We Fund and Finalize Everything
We retitle your property, verify every account is correctly aligned with your trust, and make sure your successor trustee knows exactly what to do when the time comes.
Melissa Breyer
Georgia Estate Planning Attorney
Melissa Breyer is a Georgia estate planning attorney who works exclusively on trust-based estate planning and LLC formation. She personally designs every plan at The Hive Law and handles every client consultation herself. Every plan is built from scratch for your specific family, your specific assets, and your specific wishes.
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What Our Clients Say
After my father passed away, my mother had to rely on me and my brother for everything. Dad never set up a trust. It took over a year to sort through probate, and during that time, Mom couldn't access most of their money without our help. I promised myself I would never put my wife in that position. This firm set us up with a trust package that does exactly that. My wife is fully protected. She can access every account, manage every asset, and make every decision on her own from day one. No court involvement. No asking anyone for help. My wife said it's the first time she's felt confident about what would happen if I wasn't here. That alone was worth it.
My biggest fear was that if I died first, my wife would be stuck trying to figure everything out alone. We have accounts at multiple banks, a brokerage account, life insurance, and a house. We got our trust package done with this firm and that fear is gone. Everything is structured so that if something happens to me, she steps right in. No court. No waiting. She will be financially stable and fully in control from day one. They also helped us set up power of attorney and healthcare directives. If you're in the Atlanta area, don't wait.
We had an outstanding experience working with Melissa Breyer to create our Living Trust. From start to finish, she was knowledgeable, professional, and incredibly easy to work with. She took the time to clearly explain every step of the process, answered all of our questions with patience, and made what could have been a complicated task feel straightforward and stress free. We are so grateful for her help and couldn't be happier with the outcome.
We highly recommend Hive Law. They were extremely patient and responsive, answering our many rounds of questions regarding trusts and estate planning. Shawn consistently responded the same day we sent our questions — even while his family was on vacation. Melissa was always available to discuss matters by phone whenever we needed additional clarification. Both are very knowledgeable in estate planning, and we would confidently recommend Hive Law to friends and family.
The Hive Law has been amazing throughout the process of setting up our trust. Every detail is considered and no stone is left unturned. They have been easy and enjoyable to work with. I would absolutely recommend them.
The Hive Law made the entire estate planning and trust process clear, organized, and easy to understand. They took the time to explain everything in detail whether by email or over the phone. Their team was professional, responsive, and truly cared about helping us protect our family and assets. Melissa and Shawn are very nice, patient, and easy to talk to. I highly recommend The Hive Law to anyone looking for knowledgeable and trustworthy estate planning services.
Frequently Asked Questions
No. A will does not avoid probate. It gives the probate court clear instructions, which makes the process faster and less likely to be contested. But your estate still goes through the court. If your goal is to avoid probate entirely, a revocable living trust is the right tool. We can walk you through the difference during your audit.
A Georgia court will appoint a guardian for your minor children. The court considers the best interests of the child, but you have no legal input unless you put your wishes in writing. Without a will naming a guardian, relatives may compete for custody. The judge decides. Your will is the only document that lets you make that choice.
Georgia does not recognize handwritten wills without witnesses. A valid Georgia will must be signed by you in front of two witnesses, who must also sign. If those requirements are not met, the will is invalid and Georgia intestacy law takes over. Online will templates often miss state-specific requirements or fail to account for your actual asset structure.
A standalone will starts at . Most clients choose the Complete Family Protection Package, which includes a will, a trust, powers of attorney, and healthcare directives. The package gives your family complete coverage, not just one piece of the plan. Your audit determines which approach fits your situation.
Yes. Joint ownership transfers assets to the surviving spouse automatically, but it does not address what happens when you both die, which child gets the house, or who manages the estate. It also does not name a guardian for your children or authorize anyone to act for you if you are incapacitated. A will fills those gaps.
Review your will after any major life event: marriage, divorce, birth of a child, death of a beneficiary, purchase of significant property, or moving to a new state. We recommend a full review every three years regardless. Laws change. Your family changes. A will that was right five years ago may not reflect your situation today.
Ready to Protect Your Family?
Schedule your 60-minute Family Protection Audit with Melissa. $500, credited toward your estate plan.
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