Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney licensed in Georgia for guidance on your specific situation.
Detailed Answer
Under Georgia law, a valid last will and testament usually must be signed by the testator (the person making the will) in the presence of two witnesses who also sign the document. O.C.G.A. § 53-4-30 sets out these formal requirements. Notarization is not required for a will to be valid in Georgia; it merely makes a document “self-proving,” which can speed up probate by avoiding live witness testimony.
If your will was neither witnessed nor notarized, you have two primary paths under Georgia law:
1. Admit the Will as a Holographic Will
Georgia recognizes wholly handwritten (holographic) wills if the document is entirely in the testator’s handwriting and signed by the testator. O.C.G.A. § 53-4-41. To admit a holographic will, you must:
- File a petition for probate in solemn form in the Superior Court of the county where the decedent resided.
- Attach the original handwritten document and the decedent’s death certificate.
- Provide proof of the decedent’s handwriting. Typically, two disinterested persons (who stand to inherit nothing) must testify under oath that the handwriting and signature belong to the decedent. O.C.G.A. § 53-5-11.
- Pay the court filing fee and any statutory bond, if required.
2. Proceed with Intestate Administration
If the will fails to meet Georgia’s formal or holographic requirements, the court will treat the decedent as intestate—dying without a valid will. Assets then distribute according to Georgia’s intestacy statutes in O.C.G.A. Chapter 2. You can still administer the estate by:
- Filing an application for letters of administration with the Superior Court.
- Providing the death certificate and a list of heirs-at-law.
- Obtaining letters of administration, which authorize you to collect assets, pay debts, and distribute property.
Helpful Hints
- Gather all drafts, notes, or earlier versions of the will. These can help prove intent or handwriting authenticity.
- Locate at least two witnesses who knew the decedent and can testify about the decedent’s handwriting if seeking holographic probate.
- Check the county Superior Court’s website for local probate forms and filing fees. Fees vary by county.
- Even if a will is self-prepared, consider consulting an estate attorney to ensure proper admission and minimize delays.
- Keep multiple copies of each document you file, and confirm the clerk’s office date-stamps your originals when submitted.