A last will is an essential and legal instrument that reflects the final wishes of a testator regarding their personal property and the way they’d want it to be distributed among chosen beneficiaries.
As a rule, most of us will only benefit from having a last will and testament. An elaborate and properly written last will can be essential to the ones you love and your relations upon your death, even when you don’t possess a lot of assets.
Here, we offer a free online Georgia last will and testament form and the answers to the numerous typical doubts you may have concerning this specific document.
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| Requirements | State laws | |
| Statutes | Title 53 – Wills, Trusts, and Administration of Estates; Chapter 4 – Wills | |
| Signing requirement | Two witnesses | Section 53-4-20. Required writing; signing; witnesses; codicil |
| Age of testator | 14 or older | Section 53-4-10. Minimum age; conviction of crime |
| Age of witnesses | 14 or older | Section 53-4-22. Competency of witness |
| Self-proving wills | Allowed | Section 53-4-24. Self-proved will or codicil |
| Handwritten wills | Might be accepted if witnessed according to state law | Section 53-4-20. Required writing; signing; witnesses; codicil |
| Oral wills | Not recognized | |
| Holographic wills | Not recognized | |
The primary distinction between these two documents is that as soon as you depart this world, the person you name through power of attorney loses their legal authority to take care of any matters on your behalf. There are numerous kinds of power of attorney, the two fundamental ones being:
An executor is someone you name in the last will to manage your affairs after you die. Nonetheless, both positions can be served by one person.
A will in Georgia is valid without a notary certification. Nonetheless, you will need a notary if you want to make your last will self-proving by adding an affidavit to the document. Making your last will self-proving might be a wise decision since it facilitates the probate and grants an extra level of certainty should the will’s credibility be challenged.
In order to write a holographic last will, you’ll need to do it by hand and have it witnessed according to the state law. These last wills are more usually chosen in emergencies and/or up to the point when more official documents can be created (either by an attorney or using a will template like the one you can obtain from this site). A correctly outlined will is much better for the future probate process since holographic wills may contain ambiguous conditions that can easily hinder probate and make it more pricey and/or harder to put in force.
An attested will is a typed document that is usually based upon a fillable form obtainable online or prepared with the aid of a law firm. You will need to have two witnesses (14 years or older) sign the will in your presence for it to be regarded as valid. In certain states, you would need to notarize it, but in Georgia, there is no such requirement.
To be able to create your last will and alter it (to be testamentary capable), you have to meet certain requirements relating to your legal and mental abilities (sound mind) first.
In Georgia, to write a will, you have to be of sound mind and at least 14 years old. “Sound mind” translates that you do not have any type of mental disorders (dementia, senility, insanity, etc.) that prevents you from fully realizing the consequences of your actions.
No, in Georgia, there is no such requirement. Yet, adding one can be very advantageous given that it removes the demand for witnesses testimony at the time of probate, which eases the procedure considerably.
Georgia is not a community property state. Often called marital property, it is a form of ownership of the assets provided by the law that implies that half of all properties and assets (and this includes debts) of one marriage partner belong to another and remain such after divorce.
In Georgia, you are able to disinherit your marriage partner, but the latter will be permitted to possess a certain minimum amount of your assets.
Regarding everyone else, it is legal in Georgia to disinherit members of the family in the last will. Your adult children or other members of the family can be lawfully disinherited completely in your last will. To do that, include particular provisions to your will.
It’s not possible. Only the testator can change their will. A 3rd party is only able to sign the last will in case you’re physically unable to do it.
Yes, it is possible to modify it.
A testator can adjust or annul his or her will at any time. The only case that will prevent you from doing so is if this doing is forbidden under the contract you entered.
It can be a good idea to modify your last will and testament when an important event takes place in your life. These include but are not limited to:
In case the last will has been lost or damaged, in accordance with the Georgia law, the court can accept it. But, the probate court will not be likely to recognize anything other than the original of the last will and testament to probate.
Georgia law gives a supposition that the absence of the will means it is annulled. This puts the responsibility on the advocate of the will to present evidence of the stated last will.
Things get even more difficult when considering a holographic last will. To prove its validity, the court will require testimony and sword witnesses. Other than that, you will also have to provide evidence of the reason why the last will and testament and its details cannot be produced in a way that will also show it has not been canceled.
Based on the Georgia Estate Code, it is possible for someone to sign his or her last will and testament, providing that it is your (as a testator) directive and in your presence. Giving a positive answer to an inquiry or gesticulation are the ways that can be used to express that you want a specific individual to sign your will.
A notary is allowed to sign the name of the testator if the testator can’t do so due to a physical incapacity. The notary needs to be directed to perform so in the presence of a witness. It is important to note that these witnesses aren’t allowed to have an interest (equitable or legal) in any assets that are the concern or may be influenced by such a document (the last will).
| Related documents | When to create one |
| Codicil | Your last will requires one or several minor changes. |
| Self-proving affidavit | You would like to keep from possible complications in the probate court. |
| Living will | You want to ensure that, if you are incapacitated, you are treated how you’d want to. |
| Living trust | You want to think about an alternative to a will. |
