What is an estate plan?

Your estate plan is your opportunity to direct the disposition of your assets, the handling of your affairs, and the care of your family after your death or incapacitation through the preparation of various state specific legal documents and strategies. For everyone, your estate plan should include a will directing the management of your assets and affairs following your death, a financial power of attorney appointing an agent to manage your finances in the event of your incapacity, and an advance directive for healthcare expressing your wishes for your medical care, end of life care, and the treatment of your remains. For the vast majority of people, this is all that will be required for your estate plan. Occasionally, your estate plan may also require the creation of certain trusts or the use of other asset or tax strategies.

What does an estate plan cost?

All of our estate planning services are offered on a flat fee basis, ranging from a few hundred dollars for simple updates to an existing will or stand-alone power of attorney or advance directive for healthcare forms to several thousand for complex estates that require complicated asset management and tax avoidance strategies. Nearly 90% of our clients end up needing a simple will, durable financial power of attorney, and advance directive for healthcare.

What are the requirements for a valid will in Georgia?

For a will to be valid in Georgia, it must meet the following requirements:

• The testator must be at least 14 years old and of sound mind

• The will must be in writing

• The will must be signed by the testator or by another person in the testator's presence and at their direction

• The will must be attested and subscribed by two or more competent witnesses in the presence of the testator

Other will requirements, include:

• All witnesses must be at least 14 years old and competent

• Witnesses should sign after the testator has signed or acknowledged the will

• While not strictly required, it's recommended to have the will notarized to make it self-proving

What happens if I die without a will?

When someone dies without a will in Georgia, their estate is distributed according to the state's intestacy laws. This means the assets are divided, first, equally among the surviving spouse and children. If there is not a surviving spouse and/or children, then the estate is distributed among other relatives (first, parents, then siblings, and on and on) as specified by Georgia law. In other words, if you die without a will you get no say in where and how your assets are managed or to who they are distributed.

Do you need my social security number, account numbers, or the value of my assets to finalize my estate plan?

No. We will never need your social security number, account numbers, or asset values to create your estate plan. That said, the estate planning process is an excellent opportunity for you to take an inventory of your assets and we will want to discuss the types of assets you own, how they are titled, and various strategies to avoid probate. The only value question that is relevant is whether we are dealing with a taxable (or potentially taxable) estate. Other than that, disclosure of asset values is not usually necessary to create your estate plan.

Will my Estate be taxed?

It depends, but more than likely, no. Clients ask all the time about the “death tax/inheritance tax/estate tax.” Typically, this is a reference to the federal estate tax. The good news is that Georgia does not currently impose a state estate tax or inheritance tax and the vast majority of estates will be exempt from the federal estate tax. However, some very valuable estates in Georgia may be subject to federal estate taxes if they exceed the federal exemption limit. In 2025, the federal estate tax exemption is $13,990,000.00 per individual and $27,980,000.00 for couples. This means that the first $13,990,000.00 per individual of an estate’s value is exempt from the federal state tax in 2025. It is important to note that this exemption is set to re-set in 2026 to approximately $6,800,000.00 per individual, so if your estate value is currently, or soon expected to be, $6,800,000.00 or more we should explore tax management strategies for your estate.

Will my beneficiaries or heirs have to pay taxes on what they inherit from my estate?

Inheritance is typically not considered income for federal income tax purposes, so your heirs or beneficiaries will not have to pay income tax on their inheritance from your estate (even IF it is a taxable estate).

What is probate? What is estate administration?

Probate is the legal process of validating a deceased person's will, settling their debts, and distributing the remaining assets to the beneficiaries. It involves proving the will's authenticity, appointing an executor, and overseeing the distribution of the estate. The process is similar, with some key differences, when a person dies without a will. In that case the person’s estate is administered in probate court, their debts are settled and an administrator (usually a family member, friend, or a court appointed county administrator) is appointed to distribute assets as directed by Georgia law. In Georgia, both the probate and administration process is handled in the Probate Court in the county where the deceased person was domiciled when they died. For more information see our Probate Administration FAQ Page.

Does having a will mean my estate will have to go through probate?

Not necessarily. Having a will means that your wishes will ultimately be carried out no matter what. Many times, that will need to happen through the probate process. However, in many circumstances, we employ strategies to avoid probate, especially when all assets are passing to a surviving spouse or children. Even when the plan is for all assets to pass outside of probate, a will is important, as it covers a variety of contingencies and ensures your wishes are ultimately carried out. That said, the probate of a well-drafted, uncontested will, especially with the assistance of experienced counsel, is a relatively uncomplicated and cost-effective process. If you need assistance with the probate of an estate or have further questions about the probate or administration process we are here to help.

I am worried a family member might try to contest my wishes after I am gone. Can I stop them from doing that?

While you cannot completely prevent someone from contesting your will, you can take steps to minimize the chances and make it an unappealing option to the potential challenger. This includes having a well-drafted will, including a no-contest or in terrorem clause, and ensuring that the will is executed properly.

Can I include my pet in my estate plan?

Yes! There are a number of ways to provide for a pet in your estate plan. You can designate a caregiver for your pet and allocate funds for their care. We’ve done this for dogs, cats, and at least one bird.

Can I change my estate plan?

Yes! You can change your estate plan as often as you like. In fact, most people will need to change their estate plan several times throughout their lives. You should re-visit your estate plan with any major life change, such as a marriage, divorce, birth of a child, death of a family member, or a significant change in financial circumstances. Many smaller changes can be accomplished through a simple amendment to your will called a codicil, while other changes might require completely re-drafting your estate planning documents.