Georgia State Specific Information

Will, Trust, Power of Attorney, and Estate Planning

 

Official state laws:

Minimum age requirement to:

  • Distribute property by will: 14 (Section 53-4-10)
  • Which minor gets property: 21

Holographic will NOT recognized (No Section exists)

State taxes:

  • Estate tax: Equal to federal credit for state death taxes (Section 48-12-1 to48-12-6)
  • State gift tax:Inheritance tax: No inheritance tax (Section 48-12-1 to48-12-6)
    • No state gift tax (Section 48-12-1 to48-12-6)
    • Anatomical Gift Act (Section 44-4-140)
  • Inheritance tax: No inheritance tax (Section 48-12-1 to48-12-6)

Default rules: How property is distributed if there is no will, i.e. laws of intestate succession: (Section 53-2-1)

  • No surviving spouse, but there are surviving children:
    • All of the estate goes to the surviving children split equally among them or to their children in accordance to their per stirpes share
  • Surviving spouse and
    • Children of surviving spouse:
      • Spouse takes at least one-fourth (1/4) of your estate, but takes equal shares with your children or their children
      • Children not of the surviving spouse (for example your children from a previous marriage):
        • Spouse takes at least one-fourth (1/4) of your estate, but takes equal shares with your children or their children
        • No children and both of your parents of deceased:
          • All of your estate will pass to your spouse
        • No children, but at least one of your parents survives you:
          • All of your estate will pass to your spouse
  • At least one parent survives you, but no surviving spouse or children:
    • All of your estate will pass to your surviving parents and siblings equally or to their children according to their per stirpes share
  • No spouse, children, or parents:
    • Siblings (brothers and sisters) or to their children according to their per stirpes share. If none, then to your paternal and maternal next of kin

Who must be named as a beneficiary in your will:

  • Surviving spouse (Section 53-3-1), andSee statutes as to details as the statute is detailed or consult an attorney (Section 53-4-48)
    • Surviving spouse must be given one year of support from the estate (53-3-1)
  • See statutes as to details as the statute is detailed or consult an attorney (Section 53-4-48)

Effects of changes in your marital status on your will:

  • You are divorced from the surviving spouse:
    • Revokes will in its entirety unless the will provides otherwise (Section 53-4-49)
  • You get married without changing your will that does not provide for your new spouse:
    • Revokes will in its entirety unless the will provides otherwise (Section 53-4-48)

Witnesses:

  • Minimum number of witnesses required: Two (Section 53-4-20)
  • Are witnesses allowed to be beneficiaries?: Yes; however, any beneficiary named in the will who is also a witness, then the portion of the will to the witness beneficiary will be void, unless there are two other disinterested witnesses  (Section 53-4-23)
  • Requirements to be a witness, witnesses must:
    • be an adult,
    • cannot claim anything against your estate on your death,
    • not be related to you by blood or marriage,
    • not be an owner, operator, or employee of a healthcare institution in which you are a patient,
    • not be entitled to anything in your will, and
    • not be finically responsible for your healthcare

Property ownership (Section 44-6-120):

  • Common law state
  • Jointly held property is presumed to be held as tenancy in common, unless title expressly and clearly states “joint tenants” or similar language is stated and helps to include “with right of survivorship”
  • Bank account deposits held jointly are payable to any survivor named in the bank account, unless clear evidence exists that deposit is payable only to specified survivor
  • Tenancy by the entirety is not recognized in this state

Other types of wills:

  • Self-proving wills recognized: Yes, recognized (Section 53-4-24)
  • Living will: Georgia Living Will (Section 31-32-3) requires a determination in writing of terminal condition or in a permanent state of unconsciousness
  • Durable Power of Attorney (Sections 10-6-140 to 10-6-142)