You have the venue deposit paid, the rings resized, and the “thank-you” cards ordered—now comes the less glamorous (but far more consequential) part of married life: protecting one another if the unthinkable happens. Estate planning sounds like something reserved for retirees on St. Simons, yet Georgia law puts newlyweds in a uniquely vulnerable position. Without clear instructions, the probate court—not you—decides who manages your money, raises any future children, or even makes your medical decisions if you cannot speak. A properly built estate plan gives the two of you—not a judge—the final word on everything from hospital care to who inherits the family dog.
The High Cost of “No Estate Plan” in Georgia
Georgia follows strict intestacy rules. If you die without a will and leave no descendants, your spouse receives 100 percent of the probate estate. Add one child, and the court splits things equally—but your spouse can never drop below one-third of the total. Ga. Code § 53-2-1 means that with two children your partner may still get only one-third, leaving the rest to be shared by the kids—no matter how young they are or whether your spouse needs those funds to keep the mortgage paid
Probate itself is public, often slow, and can tie up bank accounts while legal notices run. Creditors stand first in line, and family harmony can fracture under the stress. Building an estate plan removes that uncertainty, lowers court costs, and—most important—keeps control inside the relationship you just formed.
Step 1 – Create a Georgia-Compliant Will
A basic will does four things: (1) names an executor, (2) describes who inherits, (3) appoints a guardian for minor children, and (4) waives the bond requirement so your spouse is not forced to buy an insurance policy just to handle your estate. Executing a will in Georgia requires two unrelated witnesses who sign in your presence and in each other’s presence. A self-proving affidavit, notarized at the same time, spares your executor from hunting down witnesses years later.
Wills also let you incorporate one of Georgia’s most overlooked protections: the “year’s support.” By statute, a surviving spouse (and minor children) may file a petition within 24 months of death asking the probate court to carve out enough property or cash to support them for 12 months. The award takes priority over unsecured creditors and even over the will itself. Mentioning the year’s-support right in your will reminds the executor to use it when appropriate.
Should You Add a Revocable Living Trust?
A revocable trust owns property now, manages it if you become incapacitated, and bypasses probate later. For couples expecting to buy real estate, grow investment accounts, or own property in multiple states, a Georgia-sited living trust can save thousands in court fees and months of delay. Because you remain the trustee while healthy, you keep full control; your named successor trustee steps in automatically if either of you dies or becomes disabled.
Step 2 – Title Property for Seamless Transfers
Georgia does not have community property, so the way you hold title matters:
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Joint Tenancy With Right of Survivorship. Add these exact words to the deed or account agreement and the survivor inherits instantly, outside probate.
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Tenancy in Common. Georgia’s default. Each spouse’s share still passes through probate unless the will or trust controls it.
Converting key assets (primary residence, joint checking) to survivorship title keeps your spouse out of the probate queue and provides immediate liquidity for funeral costs and everyday bills.
Step 3 – Update Beneficiary Designations
Retirement plans, life-insurance contracts, brokerage TOD (transfer-on-death) forms, and even Georgia-registered vehicles with TOD language pass outside a will. Review every account opened before the wedding; the designation you signed at age 22 overrides any will you sign at 32. Take two minutes per account and list each other as primary beneficiary and perhaps your trust as contingent. Re-confirm after life events—birth, adoption, divorce, new job, or major purchase.
Step 4 – Buy the Right Life-Insurance Cushion
Life insurance replaces future income so the surviving spouse can stay in the same home, pay off joint debts, or temporarily scale back at work to care for children. Start with the total of your mortgage, student loans, expected childcare and college costs, and one year of each partner’s salary; subtract existing savings and employer-paid coverage to arrive at the private policy amount.
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Term Life (10–30 years) offers the most coverage per premium dollar—ideal when debts and dependents are highest.
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Permanent/Whole Life costs more but can be leveraged later for retirement or long-term-care needs.
The death benefit is income-tax-free to your beneficiary, and Georgia levies no estate tax of its own. Only estates above the federal threshold—$13.99 million per person for 2025—owe federal estate tax, and unused exemption is portable between spouses with a simple IRS election.
Step 5 – Sign Durable Powers of Attorney
If one of you is in an accident, bills still arrive. Georgia’s Uniform Power of Attorney Act (effective July 1, 2024) lets you execute a single durable financial power that banks must accept or face statutory penalties for unreasonable refusal. The document must be signed by you, witnessed by one disinterested adult, and notarized; many attorneys now include electronic-signature capability compliant with the statute.
Give each other broad authority, but consider naming an alternate—perhaps a sibling who lives nearby—in case you are involved in the same incident or simply traveling together.
Step 6 – Complete Georgia’s Advance Directive for Health Care
Georgia replaced the old living-will and health-care power-of-attorney forms with a single Advance Directive for Health Care. The statutory form lets you:
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Appoint a health-care agent to speak with doctors.
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Spell out life-support and end-of-life wishes.
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Nominate a guardian if one must be appointed.
Two adult witnesses (neither your agent nor a hospital employee caring for you) must sign, but notarization is optional. Keep the original in a safe place, give copies to your physicians, and upload a PDF to any patient portals you use.
Step 7 – Inventory Digital and Business Assets
Cryptocurrency, domain names, Etsy stores, and even in-game virtual property have real-world value. List logins in a secure password manager and name a “digital executor” in your will or trust. If one spouse runs an LLC or S-corp, draft a basic succession clause in the operating agreement—Georgia law otherwise dissolves certain single-member LLCs at death.
Step 8 – Build a Tax-Smart Gifting Strategy
Georgia imposes no gift tax, but federal rules allow you to give up to $18,000 per recipient in 2025 without touching your lifetime exemption. Married couples can “split” gifts, effectively doubling the annual amount per recipient. Strategic gifting helps reduce a future taxable estate while funding college 529 plans for nieces, nephews, or future children.
For larger sums, a Qualified Personal Residence Trust (QPRT) can move a house into your children’s hands at a discounted gift-tax cost, while allowing you to live there for a term of years. Charitable Remainder Trusts, donor-advised funds, and Family Limited Partnerships also offer Georgia families income-tax deductions or valuation discounts. Work with a CPA to coordinate these moves so they dovetail with your joint-filing status.
Step 9 – Use the Year’s-Support Safety Net Wisely
Because a year’s-support claim outranks most creditors, it is invaluable when the deceased spouse carried personal credit-card balances or medical bills. Your lawyer petitions probate court, publishes notice, and after objections (if any) the court issues an order setting aside assets or cash. Once approved, those assets belong solely to the surviving spouse or minor children—free of the deceased’s unsecured debts and immune to most future creditor claims.
Step 10 – Coordinate Employer and Government Benefits
Do not forget workplace benefits:
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401(k) Spousal Consent. Federal law requires written, witnessed consent to name anyone other than your spouse as primary beneficiary.
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Pension Options. Georgia-based public employees often choose between a single-life annuity (higher payout) or a joint-and-survivor annuity (lower monthly but lifetime benefit for the surviving spouse).
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Social Security. Marriage of at least nine months entitles the survivor to a Social Security survivor benefit based on the higher earner’s record.
Filling out HR forms now prevents delays later when agencies require certified marriage certificates or estate-administrator letters.
Step 11 – Safeguard Special Assets
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Firearms. Georgia permits NFA gun trusts to hold suppressors or short-barreled rifles so the successor trustee can manage them without violating federal transfer rules.
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Pets. Under Ga. Code § 53-12-28, you can set up a statutory pet trust lasting the animal’s lifetime.
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Family Heirlooms. Use a tangible-personal-property memorandum referenced in your will to avoid fights over jewelry or wedding china.
Step 12 – Revisit the Plan After Every Milestone
Marriage is just the first trigger. Update your documents whenever you:
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Buy or refinance a home.
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Welcome a child or adopt.
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Launch or sell a business.
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Move to another state—probate and advance-directive rules vary widely.
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Accumulate enough wealth that the federal estate-tax exemption becomes relevant.
Treat the estate plan like insurance: schedule a 30-minute annual review with your attorney or financial planner, even if nothing seems to have changed.
What Does It Cost to Do This Right?
• Attorney-Drafted Will Package: $600–$1,200 per couple in most Georgia metro areas.
• Will + Living Trust: $2,500–$4,000, including deed transfers for the primary residence.
• Standalone POA or Advance Directive: $150–$250 each if drafted separately.
Many firms now offer flat-fee “newlywed bundles” that include wills, reciprocal POAs, and advance directives, plus complimentary updates for the first year. The money is trivial compared with court costs of a contested estate, which can easily top $10,000 in attorney time and filing fees.
Working With Professionals
An Atlanta estate-planning attorney ensures every signature, witness, and notarization meets Georgia’s technical requirements. A certified financial planner projects cash-flow needs for life-insurance sizing, while a CPA integrates gifting with your joint federal return. Use the same team year after year so each advisor understands both spouses’ risk tolerance and long-term goals.
Bringing It All Together
Estate planning is not a gloomy chore—it is the ultimate love letter. By putting guardianship directives, asset-transfer mechanisms, and medical wishes in black-and-white, you spare each other bureaucratic headaches at the worst possible moment. You also build the legal scaffolding that lets wealth accumulate through every promotion, home purchase, and late-night side hustle you take on together.
Start with the four foundational documents (will, trust if needed, POA, advance directive), plug the life-insurance gap, and retitle core assets. Once the papers are signed and scanned, pour the champagne and get back to the good part: building a life where the planning remains invisible—until the day it quietly saves everything you worked for.
