How to Choose the Right Guardian or Conservator for Your Family
Learn how to choose the right guardian or conservator for your family. Discover key factors to ensure your loved ones are in trusted hands.
Wills in Georgia
Creating a will is one of the most meaningful steps you can take to protect the people you love. At Edris Law, we help you put your wishes in writing in a way that feels clear, supportive, and judgment-free, so you can move forward with confidence and peace of mind.
What Is a Will in Georgia?
A will is a legally binding document that explains who should receive your property, who will care for your minor children, and who will handle the details when you’re gone. In Georgia, a will becomes effective only after death, and it must follow specific requirements to be considered valid. When created thoughtfully, it gives your family clarity during a difficult time and greatly reduces opportunities for conflict.
Types of Wills in Georgia
Different families have different needs. At Edris Law, we help you choose the type of will that supports your goals and reflects your values.
Last Will and Testament
The foundational document that names beneficiaries, appoints an executor, and outlines your final wishes.
Living Will / Advance Directive
While often confused with a “will,” a living will is actually a medical document that explains your healthcare preferences if you cannot speak for yourself. We help you understand how it fits into your full plan.
Pour-Over Will
Used with a trust to ensure that any assets not already titled in your trust are transferred to it at your death.
Will vs. Trust: What’s the Difference?
A will explains what should happen to your property and who should care for your minor children after you pass away. A properly funded trust is a legal tool that can manage and distribute your assets while you’re alive and after your death, often without going through probate.
In simple terms:
A will goes into effect after death and must go through probate.
A trust can take effect right away and may help your family avoid probate.
How a Will Works in Georgia
A valid will allows you to:
Name an Executor
This trusted person handles your affairs and ensures your wishes are carried out.
Choose Your Beneficiaries
You decide who receives your property, family, friends, charities, or anyone you choose.
Protect Minor Children
You may name a guardian for your minor children in a will.
Guide Asset Distribution
You can leave specific items, create staggered inheritances, or direct assets to a trust.
Avoid the Uncertainties of Dying Without a Will
If you pass away without a will, Georgia decides who receives your property, and the outcome may not reflect your wishes.
Does a Will Avoid Probate in Georgia?
A common misconception is that a will keeps your loved ones out of probate. In Georgia, a will still goes through probate, but a well-crafted will can ensure that your assets go to who you want, how you want, and in a more efficient manner.
If avoiding probate entirely is a priority, we can discuss whether a trust-based plan is a better fit for your goals.
Why Work With Edris Law
Your will should reflect your life, your values, and the people who matter most. At Edris Law, we offer:
Relationship-based planning that grows with your family
Holistic guidance that considers your legal, financial, and personal goals
Patient, educational support to help you make informed decisions
Transparent communication from the first meeting to the final signing
You’re not just preparing documents. You’re building a legacy with a guide who truly listens.
What Families Say
FAQs
What makes a will legally valid in Georgia?
Georgia requires that the will be in writing, signed by you, and witnessed by two competent witnesses who sign in your presence.
Do I need a lawyer to create a will in Georgia?
DIY forms often miss crucial details or fail to meet Georgia’s requirements. Working with an attorney ensures your will is clear, enforceable, and aligned with your goals.
What is the difference between a will and a living will?
A will addresses property and guardianship of minor children after death. A living will (Advance Directive) outlines medical decisions while you are still alive but unable to communicate.
How do I choose the right executor?
Choose someone you trust who is responsible, organized, and capable of managing paperwork and deadlines.
Does a will need to be notarized in Georgia?
No, notarization is not required for validity, but it is recommended to include a self-proving affidavit to simplify probate.
How often should I update my will?
Any time you experience a major life change, marriage, divorce, a new child, a move, or significant financial changes, it’s smart to revisit your plan. Also, if the law changes, federal or state, your will may need to be reviewed.
