How to Make a Will and Inherit Property in Georgia: A Guide for Citizens and Foreigners

Yes, foreign nationals have the right to make wills in Georgia. Georgian law does not restrict foreigners from disposing of their property via a will. The testator may include property located both within Georgia and abroad. However, enforcement of the will concerning foreign property will be subject to the laws of the relevant country and may require recognition of the Georgian will in that jurisdiction.

Yes, a will drafted outside of Georgia may cover property located in Georgia. However, for it to be recognized and executed in Georgia, it must comply with Georgian legal requirements. Specifically, the will must be in written form and certified by a competent authority. It is advisable to have such a will translated into Georgian and submitted to a local notary for recognition.

Yes, Georgian law allows property to be bequeathed not only to individuals but also to legal entities. The testator may designate any organization, institution, or company as a beneficiary in the will.

While the testator has the right to freely dispose of their property, there are certain restrictions:

• Mandatory Share: First-line heirs (children, spouse, parents) are entitled to a mandatory share of the estate even if not mentioned in the will. This share is half of what they would receive under statutory inheritance.
• Unworthy Heirs: Persons deemed unworthy by court (e.g., those who committed crimes against the testator) are disqualified from inheriting.

Recognition and enforcement of a Georgian will depend on the laws of the relevant country. Legalization or apostille, along with a translation into the official language of the destination country, may be required. Consulting a local lawyer in that country is recommended.

To accept an inheritance, a declaration must be filed with any notary office in Georgia within six months of the testator’s death. Note: Only the notary who certified or stored the will, or their successor, can open and publish it. However, this does not prevent an heir from obtaining a copy of the will and initiating the inheritance process with another notary. Inheritance is also deemed accepted if the heir takes factual possession or management of the estate.

A will created abroad may be recognized in Georgia if it complies with Georgian legal standards. A notarized Georgian translation must be provided, and the will should be submitted to a local notary for recognition and execution.

Yes, the testator may revoke or amend their will at any time by drafting a new one or by submitting a formal revocation. A new will automatically overrides the previous one unless stated otherwise.

If multiple wills exist across jurisdictions, priority is generally given to the most recently dated one. However, it depends on specific circumstances and the laws of the countries involved. It’s advisable to avoid multiple wills unless previous ones are explicitly revoked to prevent conflicts and complications.

If the six-month deadline is missed:

1. The heir may petition the court for an extension, providing valid reasons. The court may approve it if the reasons are deemed acceptable.
2. If the heir has taken factual possession or maintained the estate, they may petition the court to establish legal recognition of this fact. Upon court determination, the notary may issue a certificate of inheritance.

If no executor is named, heirs under the will collectively execute it. By mutual agreement, they may appoint one heir or another person as executor.

A testator may name one or more executors, who may be heirs or external individuals, to ensure the fulfillment of their last wishes. Executors are responsible for:

● Estate Protection: Safeguarding the estate until distribution.
● Execution of Instructions: Allocating assets according to the will.

Reporting: Providing updates to heirs about the estate’s condition and execution.

If an heir predeceases the testator:

● Substitute Beneficiary: If the will names an alternate heir, the share passes to that person.
● Remaining Heirs: If no alternate is named, the share is divided among the remaining heirs.
● Statutory Inheritance: If the will does not address the entire estate or such scenarios, statutory inheritance rules apply.

Yes, the testator may impose legal and moral conditions for inheritance, such as reaching a certain age or completing education. The conditions must be lawful, clearly articulated, and feasible.

When bequeathing property to incapacitated, partially capable, or supported individuals:

• They inherit through legal representatives. Supported persons may inherit with the assistance of their court-appointed support person.

• If the estate requires management or if creditors file claims, a property manager may be appointed by a notary. No manager is appointed if at least one heir has accepted the inheritance or if an executor is named.

The testator’s debts pass to the heirs along with the estate. Heirs must repay debts only within the value of the inherited property. They are not personally liable beyond that value.

In Georgia, jointly acquired property is co-owned equally by both spouses. One may only bequeath their share. Disposing of the entire joint property requires the consent of the other spouse.

If the property is encumbered:

• Debt Fulfillment: Heirs must settle mortgage or pledge obligations to release the property.
• Removing Seizure: The cause of the seizure must be resolved, possibly through legal procedures.
• Selling Property: In some cases, heirs may sell the encumbered property to pay off debts.

Yes, digital assets can be included. Recommendations:

• Detailed Listing: Specify digital assets, locations, and access (e.g., passwords, keys).
• Assign Beneficiaries: Designate who inherits each asset.
• Legal Advice: Consult a professional to properly draft the will with digital specifics.

Heirs may enter into a notarized mutual agreement to divide the estate differently. This must respect the legal rights of mandatory heirs.

Ensure all ownership documents are in order; Resolve any disputes, debts, or encumbrances in advance; Prepare a detailed inventory with supporting documentation.

Heirs may inquire with any notary, who can check the Unified Register of Wills of Georgia.

If the will was notarized, a copy may be obtained from the notary who certified it or their successor.

The following are exempt from personal income tax:

Property inherited by first- and second-line heirs within a tax year; Property worth up to 150,000 GEL inherited by third- and fourth-line heirs within a tax year. Heirs must pay a state fee for notarial services, calculated based on the estate’s value and governed by law.