Quick Answer
A basic Georgia estate plan usually rests on several key documents and beneficiary designations. Those are a will, a financial power of attorney, and a Georgia Advance Directive for Health Care. Add current beneficiary designations and a named guardian if you have minor children. Many families also use a revocable living trust or a transfer-on-death deed for their home.
Each document has its own Georgia signing rules, and failing to follow the required formalities can invalidate it or create problems when your family needs it.
At Life Well Lived Law Group, we build these plans for Georgia families from our office in Lawrenceville. Attorney Sharon Jackson has practiced law in Georgia since 2005, and much of her career has been in Family Law. She’s seen what happens when families don’t plan: custody fights, frozen accounts, and loved ones guessing at medical wishes. This guide walks through each document, what Georgia law requires, and where people most often go wrong.
Why a Basic Plan Matters More Than Most People Think
Most people agree that estate planning matters. Far fewer actually do it. A 2024 survey from AARP Research found that 93% of adults 50 and older say having an updated will is important to them, but only 51% have one. That includes just 38% of adults ages 50 to 64 and 66% of those 65 and older. The top reason? Among those without a will, 61% said they simply hadn’t gotten around to it.
A good plan isn’t only about what happens after death. It also protects you in the event you can’t make decisions while you’re alive. That risk is real in Georgia. According to the Alzheimer’s Association, about 188,000 Georgians aged 65 and older live with Alzheimer’s, and roughly 391,000 Georgians provide family care to someone with dementia.
So what happens if you have no plan at all? Your family may be left having to navigate the court system. If you die without a will and leave a spouse and children, your spouse generally shares equally with the children, but cannot receive less than one-third of the estate. Without a power of attorney, your family may need to seek a court-appointed conservatorship to manage your finances if you become unable to do so yourself.
The Core Documents in a Basic Georgia Estate Plan
Last Will and Testament
Your will says who gets your property, who manages your estate (your executor), and who you nominate to serve as guardian of your minor children. It’s the foundation of most plans.
Georgia has clear rules for making a valid will. It must be in writing and signed by you in front of two witnesses. You must be of sound mind, meaning you understand what you’re doing. A notary isn’t required. However, you can add a self-proving affidavit, signed before a notary, so the probate court can accept the will without tracking down your witnesses.
Georgia will-signing requirements can be strict, so don’t hesitate to get guidance from a trusted lawyer.
We recommend the self-proving affidavit for nearly every client. Witnesses move, lose touch, or pass away. The affidavit saves your family time and stress during probate.
Financial Power of Attorney
A financial power of attorney names someone (your agent) to handle money matters if you become unable. That includes paying bills, managing accounts, and dealing with taxes.
Georgia overhauled these documents in 2017 when it passed the Georgia Uniform Power of Attorney Act. Under that law, you must sign in the presence of a witness and a person authorized to take acknowledgments, such as a notary public, and the required parties must be present together. Neither the witness nor the notary can be the person you name as agent.
Note that some powers, like making gifts or changing beneficiaries, don’t transfer unless your document grants them clearly. If you signed a power of attorney before July 1, 2017, it may still be valid. Still, it’s worth a review to make sure the document remains valid and will be accepted by the institutions you may need to work with.
Georgia Advance Directive for Health Care
This single form covers your medical wishes. Georgia replaced its old living will as well as its durable power of attorney for health care with the Advance Directive for Health Care in 2007. You can find the official Georgia Advance Directive for Health Care form through the Georgia Division of Aging Services.
The form has parts that let you choose a health care agent, state your treatment preferences, and nominate a guardian for yourself if one is ever needed. Signing is simpler than for a power of attorney. You need two witnesses who are at least 18 and of sound mind. No notary is required.
There are limits, though. A witness can’t knowingly inherit from you or be directly involved in your health care. Your health care agent can’t serve as a witness either.
Once it’s signed, let your family and doctor know you have one and give them copies, as the Georgia Attorney General’s Consumer Protection Division advises. Many plans also include a HIPAA release so doctors can speak with the people you choose.
Beneficiary Designations
Life insurance, retirement accounts, and many bank accounts pass by beneficiary form, not by your will. If the form still names your ex-spouse, your ex may receive that money even if your will says otherwise. However, a few divorce-related rules and the type of account or policy can affect the result.
This gap is common. The same AARP Research survey found that among adults 50 and older with financial accounts, only 65% had named a beneficiary on all of them. Checking these forms is one of the fastest, cheapest steps you can take.
Guardian Choices for Minor Children
If you have kids under 18, naming a guardian may be the most important choice in your plan. Georgia gives parents two main tools.
The first is a testamentary guardian named in your will. Under the Gwinnett County Probate Court, every parent may nominate a guardian for a minor child in their will.
The second covers potential situations where you’re alive but can’t care for your children. A Georgia standby guardian designation handles that. It must be in writing and signed before two or more competent witnesses. It takes effect when the statutory conditions are met, including a determination by a health professional that you cannot care for the child, without court action at first. The standby guardian then has 120 days to file for temporary guardianship with the probate court.
Common Add-Ons: Trusts and Transfer-on-Death Deeds
A basic plan may be all some families need. Others benefit from one or two extra tools.
A revocable living trust can allow properly funded trust assets to pass to your beneficiaries without probate and can provide greater privacy. It can help if you own property in more than one state, have a blended family, or want to control how young adults receive money. A trust only works if you move assets into it, so funding is key. Trust-based plans commonly also include a “pour-over” will as a backup.
Georgia also added a newer option for homeowners. Transfer-on-death deeds became available on July 1, 2024, under Senate Bill 420. Lawmakers updated the rules in 2026 through House Bill 413.
One key change: an agent under a power of attorney can’t sign a transfer-on-death deed for you. Also, the person who inherits generally takes the home subject to existing mortgages, liens, and other encumbrances. These deeds can be a good fit, but they aren’t right for every family.
Georgia Estate Plan Documents at a Glance
| Document | What It Covers | Georgia Signing Basics |
| Will | Property at death, executor, guardian for kids | Signed before two witnesses; notary requirement only for self-proving affidavit |
| Financial power of attorney | Money matters while you’re alive but unable to act | One competent witness plus a separate person authorized to take acknowledgments; neither can be your agent |
| Advance Directive for Health Care | Medical decisions and end-of-life wishes | Two adult witnesses; no notary needed |
| Beneficiary forms | Insurance, retirement, and payable-on-death accounts | Follow each company’s rules |
| Standby guardian designation | Your kids if you’re unable to care for them | Two or more competent witnesses |
| Transfer-on-death deed (optional) | Your Georgia real estate | Recorded with the clerk of superior court; additional post-death recording requirements apply |
Does Georgia Have an Estate Tax?
For most families, no. The Georgia Department of Revenue confirms that the state has levied no estate tax since July 1, 2014, and Georgia has no inheritance tax. At the federal level, the Internal Revenue Service reports that the basic exclusion amount rose to $15 million for 2026. That means a basic plan is often more about control and family protection than Georgia estate taxes, although federal tax planning can still matter for some estates.
When Should You Update Your Plan?
An estate plan isn’t a one-time task. Review yours after marriage, divorce, a new baby, a home purchase, or a death in the family. You should also revisit it if someone you named can no longer serve.
Did you move to Georgia from another state? Your old documents may still work, but check them. An advance directive from another state is generally valid in Georgia if it was validly executed under the law of the state where it was executed. A power of attorney signed elsewhere is generally valid here if it followed the law that governed it when you signed. In practice, updating to Georgia forms can help ensure your documents comply with current Georgia requirements.
Frequently Asked Questions
Do I need a lawyer to make a will in Georgia?
Georgia law doesn’t require one. However, failing to follow the required signing formalities can cause problems later. A lawyer can also make sure your will works with your beneficiary forms, deeds, and trust.
Is my old Georgia living will still valid?
It may be. Living wills and health care powers of attorney validly signed before June 30, 2007, remain valid until revoked. That said, the newer form offers more options, so many people choose to update.
Does a power of attorney still work after I die?
No. Your agent’s authority ends at your death. From that point, your executor or other personal representative handles your estate under applicable Georgia probate law.
Do I need a trust, or is a will enough?
It depends on your goals and assets. Many Georgia families may be adequately served by a will-based plan, depending on their goals and assets. A trust often makes sense if you want to avoid probate, own property in several states, or have complex family needs.
Key Takeaways
- A basic Georgia estate plan typically includes a will, a financial power of attorney, an Advance Directive for Health Care, updated beneficiary designations, and guardian choices for minor children.
- Each document has its own Georgia signing rules, and failing to follow required formalities can invalidate a document or create problems with its use.
- Beneficiary designations generally control assets that pass by beneficiary designation rather than under your will, so check them regularly.
- Transfer-on-death deeds became available in Georgia in 2024 and were updated in 2026.
- Georgia has no state estate tax, so many basic plans focus primarily on control and family protection, although federal tax planning can still matter for some estates.
Contact Life Well Lived Law Group for Help With Your Estate Planning Case
If you’ve been meaning to get these documents in place, now is a good time to start. We’ll review your family, your goals, and your assets, then build a plan that fits.
Life Well Lived Law Group is a wills, trusts, and estate planning firm serving Lawrenceville and metro Atlanta. Attorney Sharon Jackson has practiced in Georgia since 2005. She has been recognized by Super Lawyers, named to Georgia Trend’s Legal Elite, and received the Martindale-Hubbell Client Champion Gold Award.
Call (678) 272-5785 or contact us online to schedule a consultation.
