How Do I Name a Guardian for My Minor Children in Georgia?
In Georgia, a parent names a guardian for a minor child in a will or a separate signed writingO.C.G.A. §§ 29-2-4, 29-2-16 (guardian of the person); §§ 29-3-5, 29-3-7 (conservator of the estate)Verified Sep 15, 2026View source, and the nomination covers the child until the age of majority, 18O.C.G.A. § 39-1-1Verified Sep 15, 2026View source.
In Georgia, a parent names a guardian for a minor child in a will or a separate signed writingO.C.G.A. §§ 29-2-4, 29-2-16 (guardian of the person); §§ 29-3-5, 29-3-7 (conservator of the estate)Verified Sep 15, 2026View source. It needs your signature and 2 witnesses or a notary, and the nomination covers the child until the age of majority, 18O.C.G.A. § 39-1-1Verified Sep 15, 2026View source. It can be recorded alongside the rest of an estate plan when you create a revocable living trust.
When a parent has named a guardian, the court appoints the guardian the parent named unless someone shows a statutory ground to disqualify themO.C.G.A. §§ 29-2-4, 29-2-16 (guardian of the person); §§ 29-3-5, 29-3-7 (conservator of the estate)Verified Sep 15, 2026View source. A backup guardian named in the same document applies if the first choice cannot serve.
Yes. Georgia recognizes a separate signed declaration naming a guardian, so a full will is not required to make the nominationO.C.G.A. §§ 29-2-4, 29-2-16 (guardian of the person); §§ 29-3-5, 29-3-7 (conservator of the estate)Verified Sep 15, 2026View source, so a full will is not required; a will remains the standard place to do it.
Yes. Georgia allows a Power of Attorney for the Care of a Minor Child (Supporting and Strengthening Families Act), under which a relative or a voluntary caregiver can be authorized for a limited time (up to 1 year) without transferring custodyO.C.G.A. §§ 19-9-120 to 19-9-134 (esp. §§ 19-9-122, 19-9-124, 19-9-125, 19-9-129, 19-9-130, 19-9-132, 19-9-134)Verified Sep 15, 2026View source.
In Georgia, a child 14 or older may choose their guardian, subject to the court's approvalO.C.G.A. § 29-2-16 (guardian); O.C.G.A. § 29-3-7 (conservator)Verified Sep 15, 2026View source.
Is this your situation?
Get a complete guide for your specific circumstances.
New Baby or Adoption
Your family is growing. Your protection should too. Guardian nominations, trusts for minors, beneficiary updates, and the documents new parents need in place.
Learn more
Marriage
What married couples need in place: one joint trust or two, wills, beneficiary updates, and the spousal rights your state grants you automatically.
Learn more
New Home
How to put your house in a revocable trust: the deed you record, what it does to your mortgage and property taxes, and when a TOD deed is simpler.
Learn more
Retirement
Retirement changes your financial picture. Healthcare directives, beneficiary reviews, long-term care planning, and protecting what you've built.
Learn moreForms for Planning Your Estate in Georgia
Free forms for planning your estate in Georgia: a will, living trust, pour-over will, both powers of attorney, living will, and TOD deed.
Last Will and Testament
In Georgia, a will is signed before 2O.C.G.A. § 53-4-20Verified Oct 18, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyO.C.G.A. § 53-4-20Verified Oct 18, 2026View source.
Healthcare Power of Attorney
Georgia requires 2O.C.G.A. § 31-32-4Verified Oct 15, 2026View source witnesses for a healthcare power of attorney; notarization is not requiredO.C.G.A. § 31-32-4Verified Oct 15, 2026View source.
Financial Power of Attorney
Georgia treats a power of attorney as durable by defaultO.C.G.A. §§ 10-6B-1 through 10-6B-81Verified Sep 18, 2026View source, and it is signed before 1O.C.G.A. §§ 10-6B-1 through 10-6B-81Verified Sep 18, 2026View source witness and a notary.
Transfer on Death Deed
In Georgia, a transfer-on-death deed is signed before a notaryO.C.G.A. 44-17-1 to 44-17-7Verified Oct 18, 2026 and 1O.C.G.A. 44-17-1 to 44-17-7Verified Oct 18, 2026 witness, then recorded with the county before the owner's deathO.C.G.A. 44-17-1 to 44-17-7Verified Oct 18, 2026.
Living Will
In Georgia, the living will is the Georgia Advance Directive for Health CareO.C.G.A. Title 31, Chapter 32 (Georgia Advance Directive for Health Care Act), §§ 31-32-1 to 31-32-14Verified Sep 27, 2026View source, a written instruction that is valid with no agent named.
Tools for Planning Your Estate in Georgia
Free tools for planning your estate in Georgia: what a will or trust costs, whether you need a trust or TOD deed, and how documents are signed.
How Much Does a Will Cost?
An attorney-prepared will in Georgia runs $1,146Estimate: 3 hours at $382, Clio's Georgia Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $2,292Estimate: 6 hours at $382, Clio's Georgia Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $299 up front with an online service, and probate on a $500,000 estate adds about $38,748O.C.G.A. § 53-7-6(4) (PR authorized "to provide competent legal counsel for the estate...either the personal representative or the attorney employed may, by petition to the probate court...obtain a judgment fixing the attorney's fees and expenses"; no statutory percentage) (Verified 2026-09-08 against GA Code § 53-7-6 (2025))Verified Sep 8, 2026View source.
Trust or Will: Which Costs Less?
In Georgia, a will-based plan pays probate attorney fees of typically 2.1%O.C.G.A. § 53-7-6(4) (PR authorized "to provide competent legal counsel for the estate...either the personal representative or the attorney employed may, by petition to the probate court...obtain a judgment fixing the attorney's fees and expenses"; no statutory percentage) (Verified 2026-09-08 against GA Code § 53-7-6 (2025))Verified Sep 8, 2026View source to 3.4%O.C.G.A. § 53-7-6(4) (PR authorized "to provide competent legal counsel for the estate...either the personal representative or the attorney employed may, by petition to the probate court...obtain a judgment fixing the attorney's fees and expenses"; no statutory percentage) (Verified 2026-09-08 against GA Code § 53-7-6 (2025))Verified Sep 8, 2026View source of the estate; a funded revocable trust keeps those assets out of probate and off that fee.
What Does Estate Planning Actually Cost?
An attorney-prepared revocable trust in Georgia runs $2,980Estimate: 10 hours at $298, Clio's Georgia Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $4,470Estimate: 15 hours at $298, Clio's Georgia Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source and a simple will $1,146Estimate: 3 hours at $382, Clio's Georgia Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $2,292Estimate: 6 hours at $382, Clio's Georgia Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $549 up front plus a subscription with an online service.
How Much Life Insurance Do I Need?
In Georgia, four years at a public university cost about $74,696NCES Digest of Education Statistics 2023, Table 330.20, public 4-year in-state tuition, fees, room and board, academic year 2022-23Verified Oct 17, 2026View source and the cost of living is near the U.S. averageBEA Regional Price Parities, all items, by state, 2024Verified Oct 17, 2026View source; no state estate or inheritance tax appliesNo state estate or inheritance tax. Georgia's estate tax was outright eliminated (not merely a $0 federal-credit pickup): O.C.G.A. § 48-12-1(a) — "On and after July 1, 2014, there shall be no estate taxes levied by the state and no estate tax returns shall be required by the state." Georgia imposes no inheritance tax and requires no estate-tax waiver.Verified Sep 15, 2026View source.
Are My Beneficiary Designations Protected?
Georgia does not revoke an ex-spouse as beneficiary at divorceO.C.G.A. § 53-4-49Verified Sep 15, 2026View source; employer plans under ERISA follow federal rules either way, so a 401(k) beneficiary changes only by a new designation.
How Do I Sign Estate Documents?
Find witness, notary, and remote signing requirements for all 50 states.
Will My Estate Documents Transfer?
Check if estate planning documents signed in one state are valid in another.
How Much Does Probate Cost?
Probate on a $500,000 estate in Georgia costs an estimated $38,748O.C.G.A. § 53-7-6(4) (PR authorized "to provide competent legal counsel for the estate...either the personal representative or the attorney employed may, by petition to the probate court...obtain a judgment fixing the attorney's fees and expenses"; no statutory percentage) (Verified 2026-09-08 against GA Code § 53-7-6 (2025))Verified Sep 8, 2026View source. Attorney fees run 2.1%O.C.G.A. § 53-7-6(4) (PR authorized "to provide competent legal counsel for the estate...either the personal representative or the attorney employed may, by petition to the probate court...obtain a judgment fixing the attorney's fees and expenses"; no statutory percentage) (Verified 2026-09-08 against GA Code § 53-7-6 (2025))Verified Sep 8, 2026View source to 3.4%O.C.G.A. § 53-7-6(4) (PR authorized "to provide competent legal counsel for the estate...either the personal representative or the attorney employed may, by petition to the probate court...obtain a judgment fixing the attorney's fees and expenses"; no statutory percentage) (Verified 2026-09-08 against GA Code § 53-7-6 (2025))Verified Sep 8, 2026View source of the estate under a reasonable-compensation standard.
You'll be back. Every time life changes.
Georgia Estate Planning Resources
In-depth guides covering Georgia probate laws, trust requirements, and estate planning strategies.