Guides
Georgia probate articles
- Can a Beneficiary Witness a Will In Georgia?
2020-12-24
A beneficiary is technically allowed to witness a will in Georgia, but doing so is not a good idea, because it renders the gift void. Gift To Beneficiary Witness Void Unless Two Other Subscribing Witnesses The testamentary gift to a benefic…
- Can You Admit a Copy Of a Will To Probate In Georgia?
2022-01-04
Yes, if the original of the will cannot be located, a copy of the will can be admitted to probate under Georgia law. Section 43-4-46 of the Georgia Code states: A presumption of intent to revoke arises if the original of a testator's will c…
- Dealing With Probate Creditor Claims In Georgia
2021-08-23
Waiting on the deadline for creditor claims against a Georgia estate is one of the things that makes probate take longer than people think it should. Under Georgia law, creditor claims must be dealt with before an estate can be closed. How …
- Does Divorce Invalidate a Will In Georgia?
2022-03-26
No, a divorce does not invalidate an entire valid will in Georgia , but state law does automatically revoke any provisions in favor of the former spouse and treats the former spouse as having predeceased the testator. There are exceptions t…
- Georgia Probate Shortcuts For Small Or Simple Estates
2021-11-16
Small and simple estates in Georgia can take advantage of a probate shortcut to make the probate process quicker and easier. Georgia Estate With Less Than $15,000 – Banking Affidavit In Georgia, if you die intestate (without a valid will ) …
- Georgia Supreme Court: Guardian Has Authority To Enter Into Pre-Dispute Arbitration Agreement On Ward’s Behalf
2021-09-30
In CL SNF LLC v. Fountain , a September 21, 2021 opinion, the Georgia Supreme Court concluded that the Georgia Guardianship Code grants a guardian authority to enter into a binding pre-dispute arbitration agreement where the exercise of suc…
- Georgia Supreme Court: In Terrorem Clause Does Not Result In Forfeiture In Successful Will Or Trust Contest
2022-07-05
In Slosberg v. Giller , a June 30, 2022 opinion from the Georgia Supreme Court, the Court determined that an in terrorem or no contest clause does not result in forfeiture when the will or trust is invalid. The Facts of Slosberg v. Giller D…
- How Do You Make a Valid Will In Georgia?
2020-12-15
In order to make a valid will in Georgia, the testator (the person making the will), must be 14 years of age or older, and must be competent to make a will. The will itself must be: In writing; Signed by the testator; Witnessed by two witne…
- How Do You Revoke a Will In Georgia?
2021-04-20
A testator can revoke a will under Georgia law at any time prior to the testator’s death. GA Code § 53-4-40 . A testator can revoke a Georgia will in the following ways: Executing a subsequent will; Executing a subsequent written instrument…
- How Much Does a Personal Representative Get Paid In Georgia?
2021-04-28
The amount a personal representative of an estate in Georgia gets paid depends on what the will says, what the beneficiaries agree to, or what Georgia law says. The Terms Of the Will Or a Written Agreement Can Determine What a Georgia Perso…
- How to Contest a Will in Georgia
2019-09-20
You can contest a will in a Georgia probate proceeding on a number of grounds. Lack of Proper Formalities To make a valid will in Georgia , a will must be (1) in writing, (2) signed by the testator or by some other individual, (3) in the te…
- Is a Probate Advance Legal in Georgia?
2026-03-27
Georgia law treats most inheritance advances as private contracts, while county Probate Courts still control administration timelines. Do not confuse a commercial advance with a statutory year’s support petition.
- Key 2021 Updates To the Georgia Probate Code
2021-05-03
2021 welcomed several updates and changes to the Georgia Probate Code and other codes that impact the probate courts. A summary of the key 2021 updates that impact practice in Georgia probate courts are below. Georgia Probate Court Jurisdic…
- No Contest Clauses In Georgia Wills and Trusts
2022-02-28
A no contest (in terrorem) clause is designed to discourage litigation by disgruntled beneficiaries, but can often generate litigation, as occurred in In re Estate of Johnson , a 2019 case from the Georgia Court of Appeals. What Exactly Is …
- Surviving Spouse Rights Georgia
2019-08-26
Surviving spouses have important rights granted to them under Georgia law, including: Intestate Share Pretermitted Spouse Rights Support Allowance Surviving spouse rights in Georgia are sometimes not automatic unless time-sensitive deadline…
- Undue Influence In Georgia Will Contests
2021-10-28
A Georgia will must be freely and voluntarily executed and is invalid if it was procured by undue influence. Undue influence is one of the most common grounds to contest a will under Georgia law . Section 53-4-12 of the Georgia Code states:…
- Virtual Adoption Not Undone By Developing Relationship With Natural Father
2019-08-26
The Georgia Supreme Court, in Sanders v. Riley, Ga. LEXIS 179 (Ga. March 16, 2015) , held that once a child has been virtually adopted in Georgia by an adopted father, the subsequent relation between the adopted child and the natural father…
- What Does It Mean To Have Testamentary Capacity In Georgia?
2021-05-06
Georgia law says that testamentary capacity exists “when the testator has a decided and rational desire as to the disposition of property.” GA Code § 53-4-11 . The elements of testamentary capacity in Georgia are that a testator must: Under…
- What Is a Petition For Year’s Support In Georgia Probate?
2022-06-15
A petition for Year’s Support in Georgia probate can be filed by or on behalf of a surviving spouse or minor children. The petition asks the probate court to set aside an award of an amount to support the spouse and/or minor children for 12…
- Who Are Next Of Kin In Georgia?
2020-07-09
The Georgia Supreme Court has defined “next of kin” as “those interested as distributees of the estate.” McClinton v. Sullivan , 263 Ga. 711 (1994). Who qualifies as next of kin under Georgia law depends on the survivors of the decedent. Ge…
- Who Can Serve As a Personal Representative In Georgia?
2021-09-02
The basic requirements for serving as a personal representative in Georgia probate is that the personal representative must be: At least 18 years old, and Of sound mind These basic requirements to serve as a personal representative i…