Do I Really Need a Will?
What Happens If You Don’t Have a Will in Georgia?
Most of use have wondered at some point, Do I really need a will? To answer that, let’s look at what a will does in Georgia, and what happens if you pass away without one.
Why Have a Will in Georgia?
A last will and testament is your chance to decide what happens to your property after you pass away. Think of it as your voice continuing on—it ensures your wishes are followed instead of leaving things up to state law.
Here’s how it works:
A will only takes effect after death.
While you’re alive, you keep full control over your property.
Once you pass, your will provides instructions for who gets what.
Without one, Georgia law steps in with a default plan that may not match what you wanted.
What If You Die Without a Will?
Dying without a will is called intestacy. In that case, Georgia’s intestate succession laws (O.C.G.A. § 53-2-1) decide who inherits your property. The rules follow a strict family tree.
If You Have a Surviving Spouse and Children
If you leave behind only a spouse (no kids), your spouse gets everything.
If you leave behind both a spouse and children, they split your estate equally.
Surviving Spouse Minimum Inheritance - No matter how many kids you have, your spouse’s share can’t be less than one-third of your estate.
If There’s No Surviving Spouse
The estate goes down the line like this:
Children (or grandchildren if a child has passed)
Parents
Brothers and sisters
Grandparents
Aunts and uncles
Special Rules
A parent who abandoned a child loses the right to inherit from that child.
A child conceived before death but born within ten months after is still treated as if they were alive at the parent’s passing, as long as the child lives at least 120 hours.
Can Life Events Affect a Will?
Yes. Even if you already have a will, major life events can change things. For example, if you get married or have a child after writing your will—and you didn’t plan for that in the document—Georgia law may give that new spouse or child a share of your estate as if there were no will.
Can I Write my Own Will?
No. Just writing it down on paper and singing it WILL NOT create a valid will in Georgia.
Georgia law is very specific about what qualifies as a valid will. Any purported will that is not properly executed – meaning it meets all of the requirements of Georgia law in how it is prepared, signed, and witnessed-- will be held invalid. If your will is invalid, your estate will be probated as if you died intestate and your property distributed in accordance with the law.
These laws are also specific to Georgia, so if the internet tells you differently, keep in mind there are 50 states and they all have their own rules. If you live in Georgia, your will must be executed to comply with Georgia law.
The Bottom Line
A will gives you control. It lets you choose who gets your assets, rather than relying on Georgia’s one-size-fits-all intestacy laws. Without a will, the state follows a formula that may leave out people you care about or divide your property in ways you didn’t intend.
If protecting your wishes and your loved ones matters to you, the best step is to make sure you have a valid, up-to-date will in place.
