GA Code § 53-4-20 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 4 - Wills|Article 3 - Execution and Attestation|§ 53-4-20. (See Editor's notes.) Required Writing; Signing; Witnesses; Codicil

  A will shall be in writing and shall be signed by the testator or by some other individual in the testator's presence and at the testator's express direction. A testator may sign by mark or by any name that is intended to authenticate the instrument as the testator's will.   A will shall be attested and subscribed in the presence of the testator by two or more competent witnesses. A witness to a will may attest by mark. Another individual may not subscribe the name of a witness, even in that witness's presence and at that witness's direction.   A codicil shall be executed by the testator and attested and subscribed by witnesses with the same formality as a will.     (Code 1981, §53-4-20, enacted by Ga. L. 1996, p. 504, § 10.)   Cross references.   - Execution of writings and contracts, § 1-3-10.   Editor's notes.   - The general provisions concerning the competency of witnesses, referred to in the Comment, are now found at O.C.G.A. § 24-6-601.   For application of this statute in 2020, see Executive Order 04.09.20.01.   A listing of Executive Orders issued in 2020 can be found at https://gov.georgia.gov/executive-action/executive-orders/2 020-executive-orders.   Law reviews.   - For article analyzing execution and attestation requirements in Georgia and advocating certain reforms, see 11 Ga. L. Rev. 297 (1977). For article advocating abolition of the prohibition against proxy signatures and repeal of this Code section as unnecessary, see 11 Ga. L. Rev. 297 (1977). For article surveying developments in Georgia wills, trusts, and administration of estates law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 307 (1981). For annual survey of law of wills, trusts, guardianships, and fiduciary administration, see 56 Mercer L. Rev. 457 (2004). For annual survey of wills, trusts, guardianships, and fiduciary administration, see 57 Mercer L. Rev. 403 (2005). For survey article on wills, trusts, guardianships, and fiduciary administration, see 59 Mercer L. Rev. 447 (2007). For comment on the constitutionality of Ga. L. 1958, p. 657; as amended by Ga. L. 1964, Ex. Sess, p. 16, reducing the number of required witnesses to a will to two, in light of the constitutional provision that no law shall refer to more than one subject matter, see 1 Ga. St. B.J. 126 (1964).   OPINIONS OF THE ATTORNEY GENERAL   Editor's notes.   - In light of the similarity of the statutory provisions, opinions under former Code 1933, § 113-301, are included in the annotations for this Code section.   Witnesses for holographic wills.   - There is no exception to the requirement of two witnesses in favor of holographic wills. 1967 Op. Att'y Gen. No. 67-62 (rendered under former Code 1933, § 113-301).    Any writing expressing the intention of the testator and duly executed  may be a will provided the writing is intended by such instrument to convey no interest until after death. 1967 Op. Att'y Gen. No. 67-302 (rendered under former Code 1933, § 113-301).   RESEARCH REFERENCES   Am. Jur. 2d.   - 79 Am. Jur. 2d, Wills, §§ 170 et seq., 197 et seq., 216, 240, 245 et seq., 298, 302, 303, 306.   C.J.S.   - 95 C.J.S., Wills, §§ 1, 194, 195, 214, 217 et seq., 253 et seq.   ALR.    - Imputation to attesting witness of notice of contents of instrument, 4 A.L.R. 716.    Knowledge derived from family correspondence as qualifying one to testify as to genuineness of handwriting, 7 A.L.R. 261.    Effect of purported subscribing witness's denial or forgetfulness of signature by mark, 17 A.L.R. 1267.    Will as exclusive means of exercising power conferred by will to dispose of property, 20 A.L.R. 388.    Testator's name in body of instrument as sufficient signature where statute does not require will to be signed at end, 29 A.L.R. 891.    Manner of signing as affecting sufficiency of signature of testator, 31 A.L.R. 682; 42 A.L.R. 954; 114 A.L.R. 1110.    Duty of attesting witness with respect to testator's capacity, 35 A.L.R. 79.    Letter as a will or codicil, 54 A.L.R. 917; 40 A.L.R.2d 698.    Effect of testator's attempted physical alteration of will after execution, 62 A.L.R. 1367; 24 A.L.R.2d 514.    Admissibility of evidence other than testimony of subscribing witnesses to prove due execution of will, or testamentary capacity, 63 A.L.R. 1195.    Effect of illegibility of signature of testator or witness to will, 64 A.L.R. 208.    Presumption as to due execution of will from attestation, with or without attestation clause, 76 A.L.R. 617.    Codicil as affecting application of statutory provision to will, or previous codicil not otherwise subject, or as obviating objections to lack of testamentary capacity, undue influence, or defective execution otherwise fatal to will, 87 A.L.R. 836.    Necessity that attesting witnesses to will subscribe in presence of each other, 99 A.L.R. 554.    Probate of will or proceedings subsequent thereto as affecting right to probate later codicil or will, and rights and remedies of parties thereunder, 107 A.L.R. 249; 157 A.L.R. 1351.    Validity, construction, and application of codicil or other testamentary instrument authorizing certain person to change will or to make disposition of testator's property contrary to provisions of will, 108 A.L.R. 1098.    Retrospective application of statute concerning execution of wills, 111 A.L.R. 910.    Acknowledgment of signature by testator or witness to will as satisfying statutory requirement that testator or witness sign in the presence of each other, 115 A.L.R. 689.    Testamentary character of memorandum or other informal writing not testamentary on its face regarding ownership or disposition of specific personal property, 117 A.L.R. 1327.    Relative weight of testimony of attesting witnesses in support of mental competency of testator, 123 A.L.R. 88.    Changes by one other than testator after execution of holographic will as affecting its character as such, 124 A.L.R. 633.    Necessity of, and what amounts to, request on part of testator to the witnesses to attest or subscribe will, 125 A.L.R. 414.    Necessity that attesting witness to will not signed by testator in his presence shall have seen latter's signature on paper, 127 A.L.R. 384.    Codicil as effective to prevent lapse of legacy or devise in consequence of death of legatee or devisee after execution of will and before execution of codicil, 146 A.L.R. 1366.    Incorporation of extrinsic writings in will by reference, 173 A.L.R. 568.   Place of signature of holographic wills, 19 A.L.R.2d 926.   Codicil as validating will or codicil which was invalid or inoperative at time of its purported execution, 21 A.L.R.2d 821.   Codicil as reviving revoked will or codicil, 33 A.L.R.2d 922.   Interlineations and changes appearing on face of will, 34 A.L.R.2d 619.   Failure of attesting witness to write or state place of residence as affecting will, 55 A.L.R.2d 1053.   Codicil as reviving adeemed or satisfied bequest or devise, 58 A.L.R.2d 1072.   Competency of named executor as subscribing witness to will, 74 A.L.R.2d 283.   What constitutes the presence of the testator in the witnessing of his will, 75 A.L.R.2d 318.   Validity of will as affected by fact that witnesses signed before testator, 91 A.L.R.2d 737.   Statute of frauds: will or instrument in form of will as sufficient memorandum of contract to devise or bequeath, 94 A.L.R.2d 921.   Civil liability of witness falsely attesting signature to document, 96 A.L.R.2d 1346.   Validity of a will signed by testator with the assistance of another, 98 A.L.R.2d 824.   Validity of will signed by testator's mark, stamp, or symbol, or partial or abbreviated signature, 98 A.L.R.2d 837.   Sufficiency of testator's acknowledgment of signature from his conduct and the surrounding circumstances, 7 A.L.R.3d 317.   Revocation of will as affecting codicil and vice versa, 7 A.L.R.3d 1143.   What amounts to "last sickness" or the like within requirement that nuncupative will be made during last sickness, 8 A.L.R.3d 952.   Necessity of laying foundation for opinion of attesting witness as to mental condition of testator, 17 A.L.R.3d 503.   Probate where two or more testamentary documents, bearing the same date or undated, are proffered, 17 A.L.R.3d 603.   Wills: place of signature of attesting witness, 17 A.L.R.3d 705.   Effect upon testamentary nature of document of expression therein of intention to make more formal will, further disposition of property, or the like, 46 A.L.R.3d 938.   Enforcement of preference expressed by decedent as to disposition of his body after death, 54 A.L.R.3d 1037.   Wills: separate gifts to same person in same or substantially same amounts made in separate wills or codicils, as cumulative or substitutionary, 65 A.L.R.3d 1325.   Proper execution of self-proving affidavit as validating or otherwise curing defect in execution of will itself, 1 A.L.R.5th 965.