• Menu
  • Skip to right header navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Before Header

Call for a consultation  (770) 933-9009

  • Facebook
  • Google+
  • LinkedIn

Brian Douglas Law

Just another WordPress site

  • Home
  • About Us
    • Meet the Team
      • Attorney Brian M. Douglas
      • Attorney Lydia Jung
      • Attorney Rick Agraz
      • Support Staff
    • In The Media
    • Review Us
    • Giving Back
  • Estate Planning
    • Estate Planning
    • Estate Planning FAQs
    • Estate Planning FAQs (Videos)
  • Probate
    • Probate
    • Wills And Probate (Videos)
  • Becoming A Client
    • Request A Consultation
    • EPIC Protection Planning Session
  • Testimonials
    • What Clients Say
    • What Attorneys Say
    • Business Reviews
  • For Advisors
  • Blog
  • Contact
  • Home
  • About Us
    • Meet the Team
      • Attorney Brian M. Douglas
      • Attorney Lydia Jung
      • Attorney Rick Agraz
      • Support Staff
    • In The Media
    • Review Us
    • Giving Back
  • Estate Planning
    • Estate Planning
    • Estate Planning FAQs
    • Estate Planning FAQs (Videos)
  • Probate
    • Probate
    • Wills And Probate (Videos)
  • Becoming A Client
    • Request A Consultation
    • EPIC Protection Planning Session
  • Testimonials
    • What Clients Say
    • What Attorneys Say
    • Business Reviews
  • For Advisors
  • Blog
  • Contact

Mobile Menu

Schedule A Free Consultation Now!

Find out how our law firm can help you win your case or you don’t pay a cent.

(800) 555-2840

  • Facebook
  • Google+
  • LinkedIn
You are here: Home / Estate Planning / Are Electronic Wills Valid in Georgia?

Are Electronic Wills Valid in Georgia?

February 12, 2021 By //  by Brian Douglas Leave a Comment

Technology is revolutionizing the world as we know it, with innovations to almost every industry – including the legal field. Over the past few years, technology has reshaped how legal professionals communicate with clients and operate within the court system. With so many resources going online, one of the questions we regularly receive at Brian M. Douglas & Associates is whether estate planning is going digital, as well. In today’s blog, we’re discussing electronic wills and whether they are valid in Georgia.

What is an Electronic Will?

An electronic will is a legal estate planning document that is written, signed, or notarized electronically. There are three different categories of electronic wills: offline, online, and custodial. An offline electronic will is a document written and signed by the testator; it is then stored on the testator’s computer’s hard drive. Offline electronic wills are typically not printed or uploaded to a website or cloud storage. An online electronic will is a will that the testator creates and then uploads to a second-party server (ex: cloud storage, Google docs) or posts to another online platform (ex: Facebook, Instagram). Because an online electronic will is uploaded or posted, it will have a timestamp or other authenticating information. A custodial electronic will is when the testator works with another company to create, execute, and then digitally store the will. These qualified custodian companies are subject to state laws and regulations.

What Are Georgia’s Laws About Electronic Wills?

Currently, electronic wills are not valid in Georgia. However, it is an issue that continues to be discussed by state lawmakers. For a will to be valid in Georgia, it must be in writing (handwriting or typed) and signed by the testator or someone signing on their behalf, in their presence. The will also has to be witnessed and signed by two competent individuals. Georgia does not require testators to have their will notarized, but having a notarized will does help with the probate process. (Note: As of the publication of this blog, April 2020, Georgia has an executive order in place that allows wills to be witnessed and notarized remotely).

In addition to electronic wills, holographic wills are also not valid in Georgia. A holographic will is one that the testator writes out by hand and signs – it is not witnessed or notarized.

Are Electronic Wills Valid in Other States?

For the past three years, the Uniform Law Commission’s Electronic Wills Committee has been working on a set of uniform laws related to the drafting and validity of electronic wills. The Committee’s goal is to create a consistent way of addressing electronic wills across the U.S. However, even when the Committee completes its recommended regulations, the individual states still have to enact those laws – and typically, states will revise the proposed language.

State law (not federal law) governs rules about signatures, witnesses, and notaries. In other words, it’s up to the individual states to decide whether an electronic will is valid. So far, four states have enacted laws that permit electronic wills: Arizona, Florida, Indiana, and Nevada. Each has slightly different requirements as to how wills can be drafted, signed, and notarized.

Several other states, including California, New Hampshire, Virginia, and the District of Columbia recently introduced legislation on electronic wills.

Have questions? Please contact the estate planning team at Brian M Douglas & Associates

If you have additional questions about electronic wills, or would like to schedule an estate planning consultation, please reach out to us at (770) 933-9009. Our estate planning team will be happy to discuss Georgia’s laws related to drafting your will and the current executive order related to remote witnessing and notarization.

Filed Under: Estate Planning

You May Also Be Interested In:

Estate Planning Essentials: What You Cannot Do with a Will

From the Headlines: Understanding the Britney Spears Conservatorship

Are Electronic Wills Valid in Georgia?

Including a Legacy Letter in Your Estate Plan

Estate Planning for Different Stages of a Relationship

Can You Have Co-Estate Executors?

Will the Stimulus Checks Affect My Tax Return?

What if You Can’t Pay Your HOA Fees Due to Financial Hardship?

Avoiding Probate in Georgia: Common Probate Issues, Helpful Estate Planning Tools

Previous Post: « Including a Legacy Letter in Your Estate Plan
Next Post: From the Headlines: Understanding the Britney Spears Conservatorship »

Reader Interactions

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Primary Sidebar

Schedule A Consultation!

Schedule a consultation today. Let us know how we can help.

SCHEDULE A CONSULTATION

RECENT POSTS

Estate Planning Essentials: What You Cannot Do with a Will

A Last Will and Testament is an essential estate planning …

From the Headlines: Understanding the Britney Spears Conservatorship

Pop star Britney Spears is back in the news, following the …

Are Electronic Wills Valid in Georgia?

Technology is revolutionizing the world as we know it, with …

Including a Legacy Letter in Your Estate Plan

A legacy letter, or a final letter, is a document used to share …

Estate Planning for Different Stages of a Relationship

With Valentine’s Day right around the corner, many of us have …

Footer

Contact Us

Contact our office today. Our attorneys are ready to help you.
Learn How →

Our Law Office

Brian M. Douglas & Associates
(770) 933-9009

900 Circle 75 Parkway SE
Suite 800
Atlanta, GA 30339

Copyright © 2021 · Brian M. Douglas & Associates, LLC. All rights reserved. Terms | Privacy | Disclaimer