Estate · Handwritten Wills
Are Handwritten Wills Valid in Georgia?
Whether Georgia recognizes a handwritten will with no witnesses, what has to be in your own hand, the exceptions, and how the state treats a will made elsewhere. Cited to the statute.
The rules and exceptions in Georgia
What makes a handwritten will valid here, when it fails, and how the state treats one made in another state.
| The rule in this state | What it means |
|---|---|
| Two competent witnesses required | Under O.C.G.A. §53-4-20 a will must be in writing, signed by the testator, and attested and subscribed in the testator’s presence by two or more competent witnesses. An unwitnessed handwritten will does not meet this and is void as made in Georgia. |
| No holographic exception | Georgia abolished holographic and oral wills when it adopted the Revised Probate Code of 1998. There is no statute validating a purely handwritten, unwitnessed will made under Georgia law. The two-witness rule is the only way in. |
| Signing by mark is allowed, witnesses are not optional | The statute lets the testator sign by mark or any name meant to authenticate the will, and a witness may attest by mark. Those allowances do not remove the requirement that two competent witnesses attest and subscribe. |
| Exceptions and details | What it means |
|---|---|
| Out-of-state holographic will not honored | Like Florida, Georgia closes the out-of-state back door. A foreign or out-of-state will is admitted under §53-5-31 only on proof that it is valid under Georgia law, so a holographic will you validly made in a state that allows them is not honored once you die a Georgia resident. This is the Georgia trap. |
| A witnessed handwritten will is fine | You can handwrite a Georgia will, but it must still be signed and attested by two competent witnesses in your presence. Handwriting is allowed; skipping the witnesses is what makes it void. |
What you can do right now
Concrete, neutral steps to make a will that will hold up in Georgia. This is legal information, not legal advice.
- Do not rely on a handwritten, unwitnessed will
In Georgia an unwitnessed handwritten will is void, no matter how clear it is. Sign your will in front of two competent witnesses, or it will not be admitted.
- Watch the out-of-state trap
If you made a valid holographic will in a state that allows them and then moved to Georgia, it is not valid here. Redo it with two witnesses after you move.
- Get two competent witnesses
Have the will attested and subscribed in your presence by two or more competent witnesses. That is what makes a Georgia will valid.
- Talk to a Georgia estate attorney
Because Georgia is strict, a defective will can throw an estate into intestacy. A licensed Georgia estate attorney can make sure the will is valid. The State Bar of Georgia can refer you to one.
A defective will can send an estate into intestacy. This resource can connect you with a licensed estate attorney who can make sure your will is valid.
→ State Bar of Georgia · Lawyer Referral ServiceThis is general legal information, not legal advice. Handwriting rules, signature placement, and out-of-state recognition can change the answer, so confirm your will with a licensed attorney.
What people get wrong about Georgia handwritten wills
Georgia does not recognize holographic wills, and it also closes the out-of-state back door, which puts it among the stricter states. Under O.C.G.A. §53-4-20 a will must be in writing, signed by the testator, and attested and subscribed in the testator’s presence by two or more competent witnesses. The statute lets the testator sign by mark and lets a witness attest by mark, but it gives no pass to a purely handwritten, unwitnessed will, so a holographic will made in Georgia is void. Georgia abolished holographic and oral wills when it adopted the Revised Probate Code of 1998, and the two-witness rule is now the only way in. The trap for people who move here is that Georgia admits a foreign or out-of-state will under §53-5-31 only on proof that it is valid under Georgia law, so a holographic will you validly made in Texas or California is not honored once you die a Georgia resident. The safe path is a will signed in front of two witnesses.
Common questions
Is a handwritten will valid in Georgia?
No. Under O.C.G.A. §53-4-20 every will must be attested by two or more competent witnesses. An unwitnessed handwritten will is void as made in Georgia, and there is no holographic exception.
Will Georgia honor a holographic will I made in another state?
No. Like Florida, Georgia admits an out-of-state will under §53-5-31 only if it is valid under Georgia law. A holographic will valid where you made it is still invalid once you die a Georgia resident.
Can I write my Georgia will by hand?
Yes, but it must still be signed and attested by two competent witnesses in your presence. Handwriting is allowed; skipping the witnesses is what makes it void.
Did Georgia ever allow handwritten wills?
Not under current law. Georgia abolished holographic and oral wills when it adopted the Revised Probate Code of 1998. Since then the two-witness rule in §53-4-20 is the only way to make a valid will.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.