The Most Important Thing You Haven't Done Yet
A will is how you name who raises your children, who handles your affairs, and what happens to everything you've built — and it takes far less time than most people expect.
What Happens If You Die Without a Will in Georgia
Georgia law doesn't leave your estate in limbo if you die without a will — it distributes it according to a fixed formula called intestate succession, and that formula doesn't know your family. It doesn't know which sibling you trust, which relationship is complicated, or what you would have wanted for your kids. Under Georgia's intestacy rules, a surviving spouse may share your estate with your children rather than inheriting outright, and minor children's shares are controlled by the probate court until they turn 18. If both parents die without a will, a judge decides who raises your children — not you.
A last will and testament in Georgia is how you change that outcome. It is a written document, signed by you and witnessed by two people, that puts your intentions on record and gives the court something to follow.
What Georgia Requires for a Valid Will
Georgia's requirements for a legally valid will are straightforward:
- The person making the will must be at least 14 years old and of sound mind
- The will must be in writing — handwritten or typed
- It must be signed by the person making it, or by someone else at their direction if they are physically unable to sign
- Two witnesses must sign the will in the presence of the person making it
Georgia does not require notarization for a will to be valid, though adding a self-proving affidavit — which does require a notary — simplifies the probate process later by eliminating the need to track down witnesses after death. A will that skips any of the required steps may be challenged or disregarded entirely, which is one reason working with an attorney matters even when the document itself feels simple.
The Most Important Line in Your Will Is Your Children's Guardian
For parents of minor children, a will is less about assets than it is about people. A will is the only legal document in Georgia that allows you to nominate a guardian — the person who would raise your children if both parents died or became incapacitated.
Without that nomination, a Georgia probate court makes the decision. The court will consider the best interests of the child, but it won't know your family the way you do. It won't know who shares your values, who your children already trust, or who you would never choose.
Naming a guardian in your will doesn't guarantee the court will appoint them — a judge retains final authority — but a clearly stated nomination carries significant weight. It is the closest thing to a binding say you have in who raises your children.
If this is the reason you've been meaning to make a will, it is reason enough to finish it.
Will or Trust — Which One Does Your Family Need?
This is one of the most common questions we hear, and it's a good one. A will and a revocable living trust are not the same thing, and they don't serve the same purposes — but they're not mutually exclusive either.
A will takes effect at death, but it does not avoid probate — it simply gives the probate court instructions to follow. A will passes through probate, Georgia's court-supervised process for transferring assets. Probate takes time — commonly six months to a year or more before an estate closes. It costs money, in court costs and attorney's fees paid out of the estate. It's a matter of public record, so anyone can look up what you owned and who inherited it. If you own property in another state, your family may face a second probate there. And because it plays out in open court, it's the process where a disgruntled heir has the easiest opening to contest your wishes.
A revocable living trust holds assets during your lifetime and passes them directly to your beneficiaries — privately, without court involvement, and typically much faster — while letting you include detailed instructions for how and when distributions are made.
In our experience, most of the families we work with come out ahead with a trust. Having young children, owning a home, having retirement or investment accounts, wanting your family's affairs kept private, or simply wanting to spare your family a court process while they're grieving — any one of these is often reason enough. A will-only plan can still be the right fit in a narrower set of situations, typically families with minimal assets and nothing yet worth structuring around. But for most people who sit down with us, a revocable living trust ends up being the more complete plan.
We explain both options fully during your consultation. It isn't our place to tell you which one is right for your family — only to make sure you understand exactly what probate will look like so you can decide with eyes wide open. What we can tell you is this: in years of practice, we've never had a client come out of probate and say they'd want to do it again.
How We Draft Your Will — and What Comes With It
Campen Estate Planning works on a flat fee basis, which means you know the cost before we begin and you can ask every question along the way without watching the clock. Most will engagements move from first conversation to signed documents within a few weeks.
Here's what the process looks like:
1. Free 15-Minute Phone Consultation
We talk through your family's situation, answer your initial questions, and confirm which documents make sense for your goals. No pressure, no sales pitch.
2. Design Meeting
We sit down — in person at our Tyrone office or virtually — and work through the decisions your plan requires: who inherits, who serves as executor, who is nominated as guardian, and what conditions or instructions matter to your family.
3. Document Preparation
We draft your will and any accompanying documents — powers of attorney, advance directives, or trust instruments — based on what we discussed. You review everything before we finalize.
4. Signing Appointment
You come to our office to sign your documents in a properly witnessed and notarized ceremony. We walk you through each document so you leave knowing exactly what you signed and why.
5. Ongoing Review
Every three years, we sit back down to discuss whether your plan still reflects your life. Assets change. Laws change. Family circumstances change. We stay in contact so your plan doesn't become outdated.
A Will Can Carry More Than Legal Instructions
One of the things that distinguishes an estate plan is the Family Legacy Interview — a recorded or documented personal history that accompanies your legal documents. It captures the stories, values, and messages you want your family to carry forward.
Your will tells the court what to do with your estate. The Family Legacy Interview tells your family who you were.
It's an optional addition to the planning process, but for many clients — especially parents of young children — it becomes the most meaningful part of the work we do together.
Frequently Asked Questions About Wills in Georgia
Do I need a will if I'm young and don't have much yet?
If you have minor children, yes — a will is the only way to nominate a guardian for them under Georgia law. Even without significant assets, a will gives you a say in who raises your children and who handles your affairs. It also becomes easier to update as your life grows.
How do I make a will in Georgia?
A valid Georgia will must be written, signed by you, and witnessed by two people who are present at the signing. Working with an attorney ensures the document meets all legal requirements, reflects your actual intentions, and won't be challenged later. We handle the process from start to signed documents, typically within a few weeks.
What are Georgia's will requirements?
Georgia requires that the person making the will be at least 14 years old and of sound mind, that the will be in writing, that it be signed by the testator or at their direction, and that two witnesses sign in the testator's presence. Notarization is not required for validity but is recommended for a smoother probate process.
Is a will enough, or do I also need a trust?
For most families, a revocable living trust offers real advantages a will alone can't — chiefly, it lets your family skip probate entirely, along with the time, cost, and public court process that comes with it. A will-only plan can still be the right fit in a narrower set of situations, typically families with minimal assets. We walk through both options in detail during your consultation and help you decide what's right for your family.
What happens if I die without a will in Georgia?
Georgia's intestate succession laws determine who inherits your estate and in what proportions — and the outcome may not match your wishes. A surviving spouse may share the estate with your children rather than inheriting outright. If you have minor children and no surviving spouse, the probate court appoints a guardian. A will is how you take that decision out of the court's hands.
Can I write my own will in Georgia?
Georgia law doesn't prohibit it, but self-drafted wills frequently fail for technical reasons — improper witnessing, ambiguous language, or missing provisions — that only surface after you're gone. An attorney-drafted will costs far less than the probate complications a defective will can cause.
Ready to Get This Off Your List?
If you have children, a home, or anyone who depends on you, let's get this done. Schedule your free 15-minute call today.
