Estate Planning Services
Last Will and Testament Attorney in Atlanta, Georgia
A last will and testament names who receives your assets, who raises your minor children, and who manages your estate after you die. Without one, Georgia law decides all of it.
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What a Last Will and Testament Does in Georgia
A will is a legal document that directs how your property is distributed after your death and names a guardian for your minor children. It only takes effect after you die, and it must go through probate before your family can act on its instructions.
When you die without a will in Georgia, the state applies intestacy law to decide who gets what. The formula does not know your family. It does not know which child needs more help, which sibling you trust, or what you wanted to happen to the house. It applies a default distribution based on your legal relationships and nothing else.
If you have a spouse and children, they split your estate. Your spouse does not automatically receive everything. Under Georgia intestacy law, your estate is divided between your spouse and your children in equal shares. If you have three children, your spouse receives one-fourth and each child receives one-fourth. The family home could be co-owned by minor children under court supervision.
If you have minor children and no surviving spouse, a court appoints a guardian. Without a will naming a guardian, anyone — including people you would not choose — can petition the court for guardianship of your children. A judge decides.
If you have assets and no surviving relatives, your estate goes to the state. Georgia escheat law transfers unclaimed assets to the state treasury after a statutory period. This is rare but avoidable.
A will is the minimum document every adult should have. It costs a small fraction of what a contested estate costs. It takes far less time than a probate dispute. And it gives your family instructions when they are least equipped to figure things out on their own.
What a Georgia Will Does
Names your beneficiaries. You specify who receives which assets. You can leave the house to one child and cash to another. You can leave a specific item to a specific person. You can divide your estate in whatever proportions reflect your actual wishes.
Names a guardian for your minor children. This is the most critical function a will serves for parents of young children. Without it, a judge decides who raises them. With it, you decide — and the court will generally honor your choice unless it is demonstrably against the child’s best interest.
Names an executor. The executor is the person who manages your estate through probate. They gather your assets, pay your debts, file your final tax return, and distribute what remains to your beneficiaries. Naming someone you trust and who is capable of handling administrative tasks makes the process smoother for your family.
States your wishes for personal property. Georgia allows a separate personal property memorandum attached to your will that can direct specific items — jewelry, art, furniture, vehicles — to specific people. This prevents family disputes over items that have sentimental value but no formal title.
What a Will Cannot Do
A will does not avoid probate. Every will in Georgia must be submitted to the probate court after death. The court validates it, appoints the executor, and supervises the distribution process. This takes time and costs money regardless of how clear your instructions are.
A will does not control beneficiary-designated assets. Life insurance, IRAs, 401(k) plans, and accounts with named beneficiaries pass outside your will entirely. The beneficiary designation on file with the institution controls who receives those assets — your will cannot override it.
A will does not provide for incapacity. If you become unable to manage your finances before you die, your will is irrelevant. A financial power of attorney handles that situation — the will only activates after death.
A will becomes a public record. When your will goes through probate, it is filed with the court and becomes accessible to anyone who searches the courthouse records. Your beneficiaries, the amounts they receive, and any disputes become part of the public record.
Will vs. Trust: Which One Do You Need
A will is the right starting point for most adults. For Georgia families with significant assets, real estate, minor children, or complex family situations, a revocable living trust paired with a pour-over will provides more complete coverage — avoiding probate entirely while still naming a guardian for children through the will.
Melissa Breyer will help you identify which structure fits your situation during your free strategy call.
Without a Trust
- Georgia intestacy law decides who gets your assets
- A judge appoints a guardian for your minor children
- Executor appointed by court, not by you
- No direction for personal property — family disputes over items
- Estate distributed under state formula, not your wishes
With a Trust
- You name exactly who receives each asset
- You choose the guardian for your minor children
- Your chosen executor manages the estate process
- Personal property memorandum prevents family disputes
- Your wishes in writing, legally enforceable
How It Works
Schedule Your Free Call
Book your 60-minute free strategy call with Melissa. Credited toward your estate plan.
Meet With Melissa
Melissa reviews your assets, your family situation, and your exposure. Virtual or in-person.
Get Your Plan
Receive a written plan with clear recommendations for protecting your family and your assets.
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No pressure, no commitment required. Move forward when you are ready.
Melissa Breyer
Georgia Estate Planning Attorney
Frequently Asked Questions
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