A practical approach for many Georgia families is to review their estate plan every three to five years. You should also review it soon after a major life event such as marriage, divorce, a new child, a move, or a big change in assets. Georgia law can change the effect of parts of your will after some of these events. It won’t fix everything, though, and the gaps can send money to the wrong person.
This guide comes from Life Well Lived Law Group, a wills, trusts, and estate planning firm in Lawrenceville, Georgia. Our lead attorney, Sharon Jackson, has practiced law in Georgia since 2005. With extensive background in family law work, she has seen how divorce, remarriage, and blended families can quietly break an old estate plan. We wrote this guide to help you spot those problems before your family has to deal with them.
Why Your Estate Plan Needs Regular Checkups
An estate plan is a snapshot of your life on the day you signed it. Your family, your money, and the law keep moving after that day. Most people don’t realize their plan is outdated until something goes wrong. A bank questions an old power of attorney. A former spouse is still listed on a life insurance policy. A child born after the will was signed gets a share you never planned for.
The good news is that regular reviews can help identify these problems early. A regular review can help identify many of them early.
How Often Should You Review a Georgia Estate Plan?
There’s no Georgia law that says how often you must update your estate plan. That said, a simple review schedule can work well for many families. Here’s the approach we suggest to our own clients:
| When | What to Do |
| Once a year | Check beneficiary forms, account titles, and any new assets. |
| Every three to five years | Do a full review of your will, trust, and powers of attorney with your attorney. |
| After a major life event | Review your plan within a few months of the change. |
| After a big change in the law | Ask your attorney whether the change affects your documents. |
The yearly check can be relatively simple. You’re just making sure your accounts and beneficiary forms still match what you want. The full review is where your attorney looks at the documents themselves and at any new Georgia or federal law.
What Georgia Law Changes on Its Own (and What It Doesn’t)
Georgia law can change the effect of your will after certain life events, even if you never touch the document. That can help you, but it can also lead to results you didn’t expect.
Marriage, a New Child, or an Adoption After You Sign Your Will
Under Georgia’s will revocation laws, getting married, having a child, or adopting a child after you sign your will can partially affect the will if it doesn’t have a provision for the event.
In that case, the new spouse or child receives the share they would have gotten if you had no will at all. That share generally comes from the net “residuum” of your estate, meaning what’s left of your estate after debts, taxes, administration costs, and other obligations are paid. For some families, this can shrink or wipe out gifts you meant for others.
A will can avoid this result with clear language. For example, a will that leaves property to “my children” is presumed to include children born or adopted later. Still, the safest step is to review your plan after any of these events.
Divorce or Annulment
When a divorce or annulment becomes final, Georgia law generally treats your former spouse as if they died before you for purposes of applicable provisions of your will. That applies to the parts of your will that favor your ex, unless the will says otherwise.
If your ex has children from another relationship who are not also your descendants, those children generally can’t step into your ex’s share under your will.
And if you later remarry the same person without changing your will, the old provisions can come back into effect. Life is rarely as tidy as a statute, which is why a fresh review after divorce is so important.
Beneficiary Forms, Accounts, and Trusts
This is the gap that causes some of the worst surprises. Georgia’s divorce rule applies to applicable provisions of your will. It may not update the beneficiary forms on your life insurance, 401(k), IRA, or payable-on-death bank accounts.
These assets pass to beneficiaries in the form you signed, not in your will. Many retirement plans are also governed by federal law, which can override state rules. If your ex is still on the form, the money may still go to your ex, depending on the account or plan and applicable law.
The same idea applies to a living trust. A trust generally controls assets that have been properly transferred to or otherwise made subject to the trust. A new house or brokerage account left outside the trust may have to go through probate or pass under another ownership or beneficiary arrangement.
Older Health Care Directives and Financial Powers of Attorney
Georgia has updated both of its main “incapacity” documents in recent years. As confirmed by the Georgia Attorney General’s Consumer Protection Division, living wills and health care powers of attorney signed before June 30, 2007, are still valid. However, Georgia has since replaced them with a single form called the Georgia Advance Directive for Health Care.
Financial powers of attorney changed, too. Georgia adopted the Uniform Power of Attorney Act in 2017, and the Georgia Division of Aging Services publishes the statutory financial power of attorney form created under that law.
Older documents may still be effective if they otherwise satisfy applicable requirements. Even so, a bank may question an older form or require additional documentation, which can cause delays when bills are due.
Life Events That Should Trigger a Review
Some changes call for a review right away, not at your next scheduled checkup. Watch for these:
- Marriage or remarriage. As explained above, a new marriage can change how your existing will works.
- Divorce or marital separation. Your will, beneficiary forms, health care agent, and financial agent should receive a fresh review.
- A new child or grandchild. You may want to name a guardian for a minor child or consider setting up a trust.
- A child turning 18. Adult children should consider having their own health care directive and financial power of attorney. Once they turn 18, parents generally no longer have the same automatic authority they had while the child was a minor to access or make decisions concerning the adult child’s medical information.
- A death in the family. If your executor, trustee, or agent has died, you need a backup.
- Moving to or from Georgia. Out-of-state documents may not match Georgia’s forms and rules.
- Buying property or a business. New assets may need to be titled in your trust or given a plan.
- A serious diagnosis. Updates are easier while you can still make and sign legal decisions.
That last point deserves extra attention. You must have the required legal capacity to sign a valid will or power of attorney. If that capacity is lost, your family may need to consider guardianship or conservatorship proceedings, depending on the circumstances.
Do Tax Law Changes Mean You Need an Update?
Sometimes. Georgia itself doesn’t tax estates. The Georgia Department of Revenue confirms that the state has levied no estate tax since July 1, 2014, and Georgia has no inheritance tax.
Federal law is a different story. According to the Internal Revenue Service, the federal estate tax exclusion is $15 million per person for deaths in 2026. That’s up from $13.99 million in 2025.
Most Georgia families won’t owe federal estate tax at that level. Still, some plans written between 2018 and 2025 may use tax formulas built around a lower exemption that was expected to return. Those formulas can, depending on the plan’s terms, shift more money into certain trusts than you intended. If your plan uses tax-driven trusts, it’s worth a review.
By the Numbers: Why Plans Fall Out of Date
- Marriage and divorce are common. The CDC’s National Center for Health Statistics reports about 2.04 million marriages in the U.S. in 2023. It also reports 672,502 divorces across 45 reporting states and D.C.
- People move. The U.S. Census Bureau found that 2.1% of people moved to a different state in 2024. Another 8.9% moved within their own state.
- Cognitive impairment can affect legal capacity. The Alzheimer’s Association estimates that 7.4 million Americans age 65 and older are living with Alzheimer’s in 2026. That’s about 1 in 9 people in that age group.
Each of these numbers highlights circumstances that may make an estate-plan review important.
What to Review During an Estate Plan Checkup
A good review looks at every piece of your plan, not just the will. Here’s what we go over with clients:
- Your will. Check your executor, guardians for minor children, and who receives what.
- Your living trust. Confirm your trustee and backup trustee, and make sure your assets are titled in the trust.
- Your financial power of attorney. Make sure your agent is still the right person and the form is current.
- Your Georgia Advance Directive for Health Care. Confirm your health care agent and your treatment wishes.
- Beneficiary forms. Look at life insurance, retirement accounts, and payable-on-death accounts.
- Digital assets. Think about online accounts, photos, and anything stored in the cloud.
You’ll want to review these together. A will that says one thing and a beneficiary form that says another can cause confusion and family conflict.
How to Update Your Estate Plan in Georgia
Once you know what needs to change, the next question is how to make the change. You have a few options.
A small change to a will can sometimes be made with a codicil, which is a formal written amendment. A codicil has to be executed with the same formalities as a will. In Georgia, that generally means signing in front of at least two witnesses. For bigger changes, a new will is usually cleaner. Several codicils added to one will can make the estate plan harder to read and interpret.
A revocable living trust is often updated with an amendment or a full restatement. Powers of attorney and health care directives are often replaced with new documents when changes are needed. Beneficiary forms are updated directly with the bank, insurer, or plan administrator.
Whatever you change, tell the people who need to know. Your executor and agents should know where to find your current documents. Clearly identify superseded copies and keep the current original documents in a known location so no one relies on an outdated version by mistake.
Frequently Asked Questions
Does a will expire in Georgia?
No. A Georgia will doesn’t expire just because time has passed. However, marriage, divorce, or a new child after you sign it can change how it works.
Can I update my will without a lawyer in Georgia?
You can, but it’s risky. A codicil or new will must be signed with the proper witnesses to be valid. Mistakes can lead to probate disputes or a document the court won’t accept.
What happens if I never update my estate plan?
Your old plan may still be followed, even if it no longer fits your life. Depending on the circumstances, assets could go to an ex-spouse, a new child could receive an unplanned share, or your chosen agent may no longer be able to serve.
Is my estate plan from another state valid in Georgia?
A will that was valid where you signed it may be recognized in Georgia, subject to Georgia law. Still, health care and financial documents from other states may require review to determine whether they comply with Georgia law and may cause practical issues. A review after a move is a smart step.
Key Takeaways
- Consider reviewing your Georgia estate plan every three to five years, with a quick beneficiary check each year.
- Marriage, a new child, or adoption after signing a will can partially affect the will under Georgia law, depending on the circumstances.
- Divorce treats your ex as if they died before you under your will, but beneficiary forms across various types of accounts don’t automatically update. You’d have to change them yourself.
- Georgia has newer health care directive and financial power of attorney forms than many older plans use.
- Georgia has no estate tax, and the 2026 federal exclusion is $15 million per person.
Contact Life Well Lived Law Group for Help With Your Estate Planning Case
If it’s been a few years since you looked at your estate plan, or your life has changed since you signed it, now is a good time to check. A short review can help identify potential problems before they cause costly surprises later.
Life Well Lived Law Group is a Georgia wills, trusts, and estate planning firm led by Attorney Sharon Jackson. She has been a member of the State Bar of Georgia since 2005, been recognized by Super Lawyers, named to Georgia Trend’s Legal Elite, and received the Martindale-Hubbell Client Champion Gold Award.
Call Life Well Lived Law Group at (678) 272-5785 or contact us online to schedule your estate plan review.
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