You packed the house, changed your address, and got a Georgia driver’s license. Somewhere in a box is the will and trust you signed back home. Do they still work here?
Quick answer:
Your old will and trust don’t stop working the day you move to Georgia. A Georgia probate court may accept an out-of-state will if it satisfies the applicable Georgia probate requirements. An out-of-state trust generally remains valid, but the law governing the trust and the way its assets are titled can affect how it works.
Georgia’s rules on witnesses, spousal rights, property, and health care forms may change how your plan works. A review soon after you move is a practical way to identify gaps.
This guide comes from Life Well Lived Law Group, a wills, trusts, and estate planning firm in Lawrenceville. Attorney Sharon Jackson has been licensed to practice law in Georgia since 2005. We regularly meet new Gwinnett County residents who bring a folder of documents from another state. Here’s what we look for, and why.
Is My Out-of-State Will Still Valid in Georgia?
In most cases, yes. A will signed in another state does not become invalid simply because you move to Georgia. If you are domiciled in Georgia when you die, the will generally must satisfy Georgia’s requirements to be admitted to probate here.
A separate rule, Georgia Code (OCGA) Section 53-5-31, addresses an out-of-state will offered in Georgia when the testator dies while domiciled elsewhere and owns property in Georgia. That rule requires the will to be valid under Georgia law and also addresses probate proceedings and objections in the testator’s domiciliary jurisdiction. The result depends on the circumstances, so the law of the state where you signed the will is not the only consideration.
Georgia’s basic signing rules for a will are simple:
- It must be in writing.
- You must sign it, or have someone sign for you in your presence and at your direction.
- At least two able witnesses must sign it in your presence.
- You must be at least 14 years old and have the testamentary capacity required by Georgia law.
Most typed wills signed with two witnesses meet those rules. Problems tend to come up with handwritten wills that nobody witnessed, which some states accept. A will signed electronically or with remote witnesses may also raise questions. If your will falls into one of those groups, it’s worth having it checked by a knowledgeable Georgia attorney.
Why a Georgia Self-Proving Affidavit Matters
A self-proving affidavit is a sworn statement made by the testator (will-maker) and witnesses before an authorized officer, such as a notary. If a will satisfies Georgia’s statutory self-proving requirements, the law admits it without requiring the witnesses to testify. Many out-of-state wills have a similar affidavit, but its wording and execution must be reviewed to determine whether it satisfies Georgia’s requirements.
Why does that matter? If an affidavit does not satisfy Georgia’s self-proving requirements, the court may need sworn written answers from a witness. The Augusta-Richmond County Probate Court confirms this. Tracking down a witness who lives three states away years later can slow things down. If the testator and witnesses are available and the statutory requirements can be met, completing a Georgia-compliant self-proving affidavit may help avoid that delay.
If you’d like to know what the court process looks like after a death, our Georgia probate page walks through it.
Your Executor May Live Far Away Now
Many people named a nearby sibling or friend as executor when they lived in their old state. After a move, that executor may live hundreds of miles from the Georgia court that will handle your estate. That’s often allowed, but it can add travel, mailing time, and cost. It’s a good moment to ask whether that person is still the right fit.
Does My Living Trust Still Work After I Move to Georgia?
A revocable living trust signed in another state generally stays valid after you move. Georgia’s trust code looks first to the state law your trust names to govern its terms. If the trust doesn’t name one, the law of the state with the most significant relationship to the issue applies.
So the trust itself is usually fine. The bigger risk is what the trust owns. A trust generally avoids probate for assets properly transferred to it or otherwise payable to it at death. Assets that remain individually owned and do not pass by another nonprobate method may still require probate. Here’s where we see gaps after a move:
- Your new Georgia home. If you bought it in your own name, it isn’t in the trust. It may need a new deed.
- New bank and brokerage accounts. Accounts opened after the move are often left out of the trust.
- Out-of-state property you kept. A house or land back home may still need its own probate case there unless the trust holds it.
- Trustee and successor trustee choices. The people you named may now live far away from you.
Sometimes, a short amendment fixes the problem. Other times, a full restatement under Georgia law makes more sense. Our Georgia trusts page explains the options we use with clients.
Which Georgia Laws Could Change How My Old Plan Works?
Your documents can be valid and still work differently than you expected. That’s because Georgia law fills in the gaps your old documents didn’t address. These are the areas where a move matters most.
Coming From a Community Property State
“Community property” is a rule that a married couple owns assets equally, and have equal rights and responsibility over them. Couples from community property states may have plans built around each spouse owning half of most marital property. According to IRS Publication 555, nine states use community property rules: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. Georgia is not one of them.
Property acquired as community property may retain that character after you move to Georgia, depending on the applicable law and the circumstances. But because Georgia is not a community property state, new assets you acquire here generally will not automatically become community property.
If you moved from one of the community property states, ask a lawyer how your old plan handles both kinds of property.
Spousal Rights Work Differently in Georgia
Many states give a surviving spouse an elective share. That’s a right to claim a set slice of the estate, even if the will says otherwise. Georgia doesn’t do elective shares. Instead, Georgia law gives a surviving spouse and minor children a right called year’s support.
Year’s support allocates a portion of the estate for the family’s support for 12 months after the death. It applies whether or not there’s a will, and it is prioritized over most debts of the estate. To get this support, the family must file a petition within 24 months of the death. If your old plan assumed your spouse had an elective share, it may not work the way you planned here.
Marriage, Divorce, and New Children
A move often lines up with other big changes. Georgia law has its own rules for each one:
- Divorce: After a final divorce or annulment, Georgia treats your former spouse as if they died before you. Gifts to them in the will fail unless the will says otherwise.
- Marriage: If you marry after signing a will that didn’t plan for it, your new spouse may get the share they’d receive with no will.
- Birth or adoption: A child born or adopted after the will, with no provision for that event, may receive an intestate share, too.
These rules don’t update beneficiary forms on life insurance or retirement accounts. Those forms control who gets the money, no matter what your will says.
Estate and Inheritance Taxes
Good news for many new residents: the Georgia Department of Revenue confirms that Georgia has no estate tax for deaths occurring on or after July 1, 2014, and no inheritance tax. Some families moved here from states that do tax estates. Their old plans may include trusts built to reduce a state tax that no longer applies.
Federal estate tax still exists, but it reaches few families. The IRS sets the basic exclusion at $15 million per person for deaths in 2026. One caution: real estate you still own in your old state may be subject to that state’s estate tax, depending on its rules.
Property You Left Behind
Real estate is governed by the law of the state where it is located. Did you keep a house or land in your old state? Your family may need a second probate case there, often called ancillary probate. Titling that property to your trust is one common way to avoid it.
For Georgia real estate, there’s a newer option. Since July 1, 2024, Georgia has allowed transfer-on-death deeds (TODD). With this type of deed, the owner can designate one or more beneficiaries who will receive the property after the owner dies, without going through probate.
A transfer-on-death deed must be properly executed and recorded in the county where the property is located before the owner’s death. In addition, under amended Georgia law effective April 22, 2026, a designated beneficiary generally must accept the property after the owner’s death by:
- Executing an affidavit with specified information
- Attaching a copy of the death certificate, AND
- Recording the required documents with the clerk of superior court.
For deaths on or after July 1, 2026, the amended statute also requires the real estate transfer tax declaration form with the recorded acceptance documents.
Will My Power of Attorney and Health Care Directive Work in Georgia?
Legally, they usually do. Georgia’s Power of Attorney Act honors a financial power of attorney signed in another state, as long as it met the law that governs it. Georgia’s advance directive law also treats a valid out-of-state health care directive as a Georgia directive.
Practice is another story. A Georgia bank or hospital may have questions or request additional documentation when it sees an unfamiliar form. This can create an administrative delay, although it does not mean the out-of-state document is invalid. Many new residents choose to sign Georgia versions so the documents are familiar to local staff.
Georgia uses one unified form for health care decisions: the Georgia Advance Directive for Health Care, which lets you name a health care agent, state treatment preferences, and choose a guardian. It must be signed and witnessed. The Georgia Attorney General’s Consumer Protection Division educates adults on this, and our post on whether a Georgia power of attorney still works in another state covers the same issue in reverse.
A Simple Checklist After Your Move to Georgia
Here’s the order we usually suggest, putting the quick, high-impact fixes first:
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- Find every document. Gather your will, trust, powers of attorney, health care forms, and any deeds.
- Check beneficiary forms. Review life insurance, 401(k), IRA, and payable-on-death accounts. Make sure contacts and names are current.
- Sign or review Georgia’s versions of health care and financial documents. If your existing out-of-state documents are valid, Georgia generally recognizes them, but Georgia forms may help reduce questions or administrative delays with local banks or hospitals.
- Fund your trust. Retitle your Georgia home and new accounts if your plan uses a trust.
- Review your will. Decide whether to sign a new Georgia will or add a Georgia self-proving affidavit.
- Plan for out-of-state property. Decide how to keep it out of a second probate case.
- Revisit your people. Confirm your executor, trustee, agents, and guardians still make sense.
For a closer look at each document, see what a basic Georgia estate plan includes. And once your plan is updated, our guide on how often to update your estate plan in Georgia explains when to look at it again.
Moving to Georgia by the Numbers
You’re far from alone. Georgia keeps growing, and many new residents arrive with plans written under another state’s law.
| Fact | Figure | Source |
| Georgia population, July 1, 2025 | 11,302,748 (up 98,540 in one year) | U.S. Census Bureau |
| U.S. residents who moved to a different state in 2024 | 2.1% | U.S. Census Bureau American Community Survey |
| Federal estate tax basic exclusion, 2026 | $15 million per person | IRS |
| Federal estate tax returns filed in 2024 | 7,195 returns | IRS Statistics of Income |
| Georgia estate or inheritance tax | No tax for deaths after Dec. 31, 2004 | Georgia Department of Revenue |
That 7,195 figure is a useful point of context, but it represents federal estate tax returns filed, not the number of estates that actually owed federal estate tax. Some returns are filed for reasons such as electing portability even when no estate tax is due. For most families, the real risks after a move are probate delays and documents that don’t match Georgia’s rules, not federal estate taxes.
How Life Well Lived Law Group Helps New Georgia Residents
When you bring us your old plan, we read it the way a Georgia probate judge would. We check signing formalities, trust funding, beneficiary forms, and how Georgia law fills any gaps. Then we tell you plainly what still works and what we’d change.
Our head attorney Sharon Jackson earned her law degree from Georgia State University and was admitted to the State Bar of Georgia in 2005. She is admitted to practice before the Supreme Court of Georgia, the Court of Appeals of Georgia, and the U.S. District Court for the Northern District of Georgia. Our office is in Lawrenceville, and we work with families across Gwinnett County and metro Atlanta. You can learn more about our full estate planning services.
Every family’s situation is different. This article is general information, not legal advice for your situation.
Frequently Asked Questions
Do I have to make a new will when I move to Georgia?
Not always. A will signed in another state does not become invalid simply because you move to Georgia. If you are domiciled in Georgia when you die, the will generally must satisfy Georgia’s requirements to be admitted to probate here. OCGA Section 53-5-31 separately addresses certain out-of-state wills offered in Georgia when the testator dies domiciled elsewhere and owns property in Georgia. Many people choose to have their will reviewed or sign a new Georgia will, and a properly executed Georgia self-proving affidavit may help avoid delays in probate.
Is my revocable trust still valid in Georgia?
Generally, yes. A trust signed in another state usually stays valid after you move. The most common problem is funding. Your new Georgia home and new accounts may need to be retitled in the trust’s name.
Does Georgia have an estate tax or inheritance tax?
No. Georgia has no estate tax for deaths occurring after July 1, 2014, and it has no inheritance tax. Federal estate tax can still apply to large estates, with a basic exclusion of $15 million per person for deaths in 2026.
Will a Georgia hospital accept my health care directive from another state?
Georgia law generally recognizes a valid out-of-state health care directive if it meets the applicable statutory requirements. In practice, staff may be more familiar with the Georgia Advance Directive for Health Care, so some new residents choose to sign one. A Georgia form is not a legal prerequisite when an out-of-state directive is valid.
How soon after moving should I update my estate plan?
It’s smart to review your plan within a few months of the move. Start with beneficiary forms and health care documents, since those are often needed first.
Key Takeaways
- Your out-of-state will and trust may remain valid, but Georgia law and the terms of your documents determine how they work here.
- Georgia probate courts may admit qualifying out-of-state wills, subject to Georgia’s probate requirements and the rules governing objections in the testator’s domiciliary jurisdiction.
- A properly executed Georgia self-proving affidavit can reduce the need for your family to locate witnesses later.
- Georgia generally has no elective share; instead, eligible surviving spouses and minor children may seek year’s support.
- Georgia has no estate tax for deaths after July 1, 2014, and no inheritance tax.
- Fund your trust with your new Georgia home and accounts, or they may go through probate.
- Consider signing Georgia powers of attorney and health care forms to help reduce questions or administrative delays at local banks and hospitals. Valid out-of-state documents are generally recognized under Georgia law.
Contact Life Well Lived Law Group for Help With Your Wills and Trusts Case
Moved to Georgia with an estate plan from another state? We can review it and tell you what needs updating, if any. Life Well Lived Law Group is a Georgia wills, trusts, and estate planning law firm. Attorney Sharon Jackson holds a 10.0 “Superb” Avvo rating and received the 2025 Martindale-Hubbell Client Champion Gold Award.
Call Life Well Lived Law Group at (678) 272-5785 or contact us online to schedule your plan review.
