Short overview

Under Georgia law, a will must meet basic formal requirements to be admitted to probate. If a will is not properly signed or witnessed, the probate court may treat it as invalid. When that happens, the estate usually follows Georgia’s intestacy rules (the state’s default distribution), but several other outcomes are possible depending on the facts. This explanation uses general hypothetical facts to illustrate common paths a probate case can take.

What formalities Georgia expects for a valid will

To be admitted to probate in Georgia, a typical attested will must be:

• Signed by the testator (the person making the will) or by another person in the testator’s presence and at the testator’s direction;
• Signed in the presence of two competent witnesses who also sign the will; and
• Executed with the testator’s testamentary intent and capacity (the testator knew what they were doing and intended the document to operate as a will).

For general information on probate courts and how Georgia handles wills, see the Georgia Courts probate information: https://georgiacourts.gov/probate/. For the Georgia Code and statutory text, see the Georgia General Assembly website and search for the wills/probate provisions: https://www.legis.ga.gov/.

If a will isn’t properly signed: common outcomes

When the probate court finds a will wasn’t properly executed, these are the usual consequences and possible next steps:

1. Will is declared invalid and estate is intestate:

   If the court rejects the document as a valid will, the decedent’s estate will be distributed under Georgia’s intestacy rules (the order and shares are set by statute). Intestacy usually favors a surviving spouse and children. Beneficiaries named only in the defective will generally do not receive property under intestacy.

2. A previously valid will is admitted instead:

   If the decedent left an earlier will that was properly executed, the court may admit that prior will to probate. In practice this means the most recent valid will controls; an invalid later document does not automatically revoke an earlier valid will unless the facts establish an effective revocation.

3. Partial admission or severing invalid provisions:

   Sometimes a portion of a document meets formalities while another portion does not. The court may admit only the valid parts and ignore the invalid parts.

4. Admission after additional proof or reformation attempts:

   Parties may ask the court to consider extrinsic evidence showing the decedent’s testamentary intent (for example, drafts, contemporaneous communications, or witness testimony). In some limited situations courts may allow admission or reformation of an instrument if clear and convincing evidence shows the decedent intended the document to function as a will. Whether this route is available in a particular case depends on Georgia law and the court’s view of the evidence.

5. Litigation and delays:

   A contested determination that a will is invalid can lead to litigation among potential heirs and beneficiaries. Litigation can delay asset distribution, increase administration costs, and expose the estate to professional fee claims.

Practical consequences for heirs, executors, and creditors

• If the will is invalid, the named executor (personal representative) in that document typically has no authority. The probate court will appoint an administrator under Georgia’s probate rules.
• Creditors still have claims against the estate; administration (and payment of valid claims) continues under the supervision of the probate court, whether or not a will is admitted.
• An invalid will can change who inherits (intestacy can shift property to relatives rather than to named beneficiaries in the defective document).

What to do immediately if you discover a possibly invalid will

1. Preserve the original document and any drafts or related communications. Do not destroy, alter, or hide the will.
2. Contact the local probate court. Many counties have probate clerks who can explain filing basics and local forms; see Georgia Probate Courts.
3. Gather evidence of testamentary intent and capacity: witness names, dated drafts, emails, text messages, or medical records that speak to the decedent’s mental state.
4. Notify potential heirs and interested parties; consider opening probate promptly to avoid claims being barred by deadlines.
5. Consult a probate attorney. An attorney can evaluate whether the document might still be admitted, whether a prior valid will exists, or whether a petition to appoint an administrator is needed.

How an attorney can help

A probate attorney can:

• Review the document and facts to decide whether it may be admitted despite a technical defect;
• File the appropriate petition with the probate court (admission of will, determination of intestacy, appointment of an administrator, or contest);
• Collect and present evidence of the decedent’s intent or capacity if that strategy is appropriate;
• Protect estate assets and represent parties during disputes to reduce delay and cost.

Helpful Hints

• Do not sign or alter the original will after the decedent’s death — alterations can create further problems.
• Keep all communications and drafts; contemporaneous notes can be strong evidence of intent.
• Act quickly. Probate procedures and notice requirements are time-sensitive.
• If you are named in a defective will, gather proof of any relationship or contributions to the decedent that might affect the court’s view.
• If you are the surviving spouse, investigate statutory rights (for example, elective share) that may protect your position regardless of the will’s validity; a probate attorney can explain specifics that affect your situation.
• Use the Georgia Courts probate resources for local forms and general guidance: https://georgiacourts.gov/probate/.
• For statutory text and to research the exact Georgia Code provisions on wills and intestacy, use the Georgia General Assembly website: https://www.legis.ga.gov/ (search the Official Code of Georgia Annotated for “wills” and “intestacy”).