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 Cannot Do Without a Trust
A Georgia will directs who receives your property, but it does not avoid probate — your family still faces 12 to 18 months in court before they receive anything. A will works as a safety net for assets not yet in your trust, but it is not a standalone plan for families with real property or retirement accounts. Most Georgia families who think they have a complete plan have only a will.
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. First, you have a free 15-minute call with Shawn. If it is a fit, we will sit with you for a 60-minute Design Meeting. We review your assets, your family situation, and what you actually want to happen. Then Melissa 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 us about trust-based planning during your Design Meeting.
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. We can walk you through the difference during your Design Meeting.
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.
See exactly what The Hive Law includes and charges for the Will Package: Georgia Will — Flat-Fee Pricing →
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
A 15-Minute Call With Shawn
Tell us what is going on with your family. Shawn walks you through your options and what each one costs. Free.
The Design Meeting With Shawn and Melissa
In a 60-minute meeting, Shawn and Melissa review your assets, your family, and your goals together and confirm your price. This meeting is credited toward your plan if you move forward.
Review Every Document With Melissa
Before you sign, Melissa walks through every document with you in plain language. No legal jargon. No confusion about what you are signing.
Your Plan Is Complete
Melissa delivers your completed documents and explains exactly what your family needs to do. You leave knowing your plan is in place and your family is protected.
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 and drafts every plan at The Hive Law after the initial call. 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 my father's employer to navigate the estate. It was a disaster. After this experience, I knew I needed a plan. I turned to The Hive Law to set up a trust. I no longer have to worry about my wife and children going through a difficult process if something happens to me. I highly recommend The Hive Law!
My biggest fear was that if I died first, my wife would have no idea how to navigate the estate and legal system. I reached out to The Hive Law and they put my mind at ease immediately. Their process is easy to follow and they took care of everything. The Hive Law is the best decision I've made for my family's future.
Working with Melissa Breyer to set up our Living Trust was a wonderful experience. She and her entire team were knowledgeable, professional, and made the whole process easy to understand. I highly recommend The Hive Law for all your estate planning needs!
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, which we greatly appreciated. Shawn was also always available to discuss matters by phone whenever we needed additional clarification on the options we were considering. Both are very knowledgeable in estate planning, and we would confidently recommend Hive Law to friends and family.
The Hive Law made the entire estate planning and trust process easy to understand and stress-free. Melissa and Shawn walked us through every step and answered all of our questions. We feel confident that our family is protected. Highly recommend!
My mom chose The Hive firm to help with estate planning and developing a trust to protect her assets. I sat in on her meeting with Melissa, and Melissa did a great job of simplifying complex legalese into easily understood concepts. Shawn was very quick to get us our documents and all steps in the process were clear and easy. They make a great team and we are thankful for their help!
I used The Hive Law to help me create a trust for my family. The process was straightforward and Melissa and Shawn made sure I understood each step. They were responsive to all of my questions. I feel much more confident about my family's future now. Highly recommend!
Working with Shawn and Melissa at The Hive Law has been an excellent experience. They were one of three firms we contacted, but she made the strongest impression during our initial call. They asked great questions to understand our situation and clearly explained what we needed to put in place. We initially had some reservations about their fully virtual approach, but those concerns were quickly put to rest. After the first two calls, it was clear how easy they are to work with and how well connected we felt. Communication has been clear, organized, and reassuring throughout the process. Shawn and Melissa are professional, approachable, and thorough. We feel confident we're in good hands and highly recommend The Hive Law for estate planning.
The Hive Law Firm, and specifically Melissa, has been wonderful to work with during our estate planning process. She is knowledgeable, patient, and thorough. She answered all of our questions and made the process easy to understand. I highly recommend The Hive Law!
Shawn and Melissa were amazing to work with! My partner and I recently bought a house and wanted to get important things like wills, healthcare directives, etc. set up. They were incredible at answering all our questions and working with us to make sure we felt confident in all of the legal aspects. Having tried to do this online before with one of the DIY tools, it was just an amazing experience to get to talk through what we wanted with a knowledgeable human and have them take care of the details.
Hive Law was awesome to work with! Melissa and Shawn explained everything, kept things stress-free, and were always quick to respond to my questions. They made the whole process simple and smooth from start to finish. Highly recommend if you want a team that's knowledgeable but also easy to work with.
I lost my father in February of this year without any estate planning in place. The process of dealing with the probate court has been overwhelming and expensive. After this experience, I contacted The Hive Law to set up a trust so my children never have to go through what I've been through. Melissa and Shawn were compassionate, knowledgeable, and made the entire process simple. I highly recommend The Hive Law!
I used to know the bare minimum about probate and trust. I first encountered Shawn Breyer on Facebook. He was offering a webinar that I watched. That gave me a better understanding of probate versus trust. I was impressed enough to have him and his wife represent me. I had my initial one on one interview with Melissa Breyer, it went smoothly and she made everything clear. We are now proceeding with getting a revocable trust in place.
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! Don't let your estate be turned over to Probate!!
The Hive Law helped us set up a revocable trust. Their webinar is great for answering any questions you may have, to clarify and avoid probate. Get in touch with them right away, you won't be disappointed.
Melissa was great! She gave me an honest review of my future plans that I already have in place. Turns out, I already had my ducks in a row!!! She was a pleasure to talk with!!
For several years now I have been thinking about having a will drawn up, but continued to procrastinate until an older sibling had a medical situation occur which none of the family was prepared for. This was the determining factor for me to get it done. We never know when an emergency medical situation could arise and I didn't want my other siblings to be scrambling around trying to figure things out in the event I couldn't make any decisions for myself, or God forbid I pass away. My attorney (Melissa), was very funny and made the whole experience quite entertaining. She listened to what I wanted and explained the type of plan I needed. Thanks Melissa & Shawn for making the process an enjoyable experience.
The Hive Law Firm did an excellent job helping my mother-in-law with her estate plan. The process felt overwhelming at first, but their team walked us through every step with compassion and professionalism. They listened to our concerns, explained things in simple terms, and made sure our mother's wishes were honored. We're very grateful for their guidance.
The Hive Law firm did an outstanding job helping my family members with their estate planning. They made the process clear, smooth and stress free. Truly professional and caring team, highly recommend!
The whole process of creating a family trust felt simple, clear, and stress-free. We really appreciated how patient, helpful, and easy to communicate with the team was throughout everything. Shawn and Melissa gave us great guidance and helped us feel confident every step of the way. We're grateful for their support and would definitely recommend them.
Frequently Asked Questions
Georgia’s intestacy laws take over completely. Your assets go to whoever the state decides is next in line, which may not be the people you would have chosen. If you have minor children, a court picks their guardian from whoever comes forward. Your estate still goes through probate, but now the court appoints an administrator instead of the executor you would have named.
No. A will directs the probate court on how to distribute your assets, but your estate still goes through the probate process either way — typically 9 to 24 months in Georgia. What a will changes is who’s in charge: the executor you named can move things forward, instead of the court appointing an administrator and starting from scratch. If avoiding probate entirely is the goal, that requires a revocable living trust, not a will.
Your will names who receives your assets — real estate, bank accounts, personal property, vehicles, and anything else in your name. If you have minor children, it names the guardian you want to raise them. It also names your executor, the person responsible for filing the will with probate court, paying final bills, and distributing what’s left to your beneficiaries.
Yes, significantly. Under Georgia intestacy law, an unmarried partner receives nothing automatically — not the house, not savings, not personal property — regardless of how long you’ve been together. A will is the only way to give an unmarried partner a legal claim to anything you leave behind.
A will doesn’t avoid probate, protect assets from creditors or nursing home costs, or give your family access to accounts before probate closes. It also doesn’t control assets that transfer by their own rules regardless of what the will says — like life insurance, retirement accounts, or jointly-held property. And a will has nothing to do with incapacity planning; that requires a financial power of attorney and a healthcare directive instead.
It’s a notarized statement from your witnesses confirming they watched you sign your will. Georgia doesn’t require it for a will to be valid, but without one, the probate court may need to track down your original witnesses years later to confirm the signing — which can be difficult or impossible if a witness has moved or passed away. The Hive Law includes a self-proving affidavit with every will specifically to prevent that delay.
Find Out Where You Stand
You’ve been meaning to do this for a while now. That’s normal. Most families wait until something happens, then wish they hadn’t.
A 15-minute call tells you exactly what you have, what’s missing, and what your family needs next. No paperwork, no obligation, just a straight answer.
- No sales pitch. Just a straight answer about where you stand.
- No confusing terms. We explain everything in plain English.
- A real next step. You’ll know exactly what to do when we hang up.
Where We Serve
Georgia Counties We Serve
We help families across Georgia protect their assets and avoid probate. Select your county to learn more about estate planning where you live.