Q: Is a handwritten will without witnesses valid in Georgia?
I have a handwritten will that was filed at the probate office in Georgia more than five years ago. The will has no witnesses, and there have been no updates or changes to it since it was filed. Is this will legally valid?
A: No, in Georgia, a will must be witnessed by two witnesses to be valid. You will have to proceed with administration of an intestate estate to complete probate. Schedule a free consultation to ensure the estate is administered correctly.
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A:
In Georgia, a handwritten will—also known as a holographic will—is not valid unless it meets certain requirements. The key issue here is that Georgia does not recognize holographic wills unless they are properly witnessed. That means even if the will is entirely in your handwriting, it still needs to be signed by two competent witnesses to be legally valid.
Just because the will was filed at the probate office doesn’t automatically mean it's enforceable. If it lacks the proper witness signatures, it could be challenged or deemed invalid during probate. This might create problems for your heirs or beneficiaries down the line, especially if there’s no other valid will in place.
If this is the only will and it's missing witnesses, it’s a good idea to consider drafting a new one that follows Georgia’s legal requirements. Make sure it's signed in front of two witnesses who are not beneficiaries. That way, you give your wishes the best chance of being honored. It’s always better to take care of these things before any issues arise.
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