Free Georgia Last Will and Testament Form

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.

Georgia Last Will Laws and Requirements

Requirements State laws
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

How to Create a Georgia Last Will

  1. Think about your possibilities. Determine whether you would like to hire attorneys or write your will yourself (either by handwriting it all or working with a free last will and testament form).
  2. Indicate your details. The initial step is establishing the testator by entering their full legal name, as well as the residential information (city, county, and state). Go over the remaining part of the passage, including the details you’ve written and the “Expenses and Taxes” subsection.
  3. Appoint the executor. In this passage, you define who is going to execute your will by filling in their full name, together with their city, county, and state of residence. The vast majority of states have special legislation concerning the out-of-state representatives and executors, which usually means extra hassle and red tape. That’s why it’s recommended to choose a person who lives in the same state as you. It may happen that your main representative will be unable to execute your last will as a result of an illness, death, disinclination, or other factors. In this case, the court will probably appoint its own agent to carry out the responsibilities. In order to prevent that, you can choose an additional executor by indicating the same information you did for the first one.
  4. Choose the guardian (optional). Should you’ve got minor or dependent children and don’t want the court to pick a guardian for the kids when you are no longer here, it is possible to specify a friend or acquaintance as a guardian for your children.
  5. Establish your beneficiaries. This is where you indicate those who are going to inherit your estate. Fill in their full names, addresses, and your relationship to them (spouse, child, friend).
  6. Allocate property. When you have got a property distribution in mind that is different from proportional, you can describe it within this section. Property can include cash, shares, real estate, business ownership, money for arrearage, and any material items of commercial value you possess. But, joint and living will assets, along with your life insurance, can’t be put into your will.
  7. Proceed with the witnesses signing the document. According to the Georgia law, for a last will and testament to be considered legally correct, it needs to be signed by two witnesses. You are able to appoint someone as a witness provided that they’re over the age of 14 years and are disinterested in your heritage. Think about picking witnesses younger than you to make sure that they can be present in case the will is contested in the court or if any other problem arises. After a complete revision of each passage in your will, all parties involved (you and the two witnesses) must write their names and full addresses and sign the document.

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Frequently Asked Questions

What's the main difference between 'Power of Attorney' and 'Executor'?

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:

  • General power of attorney – enables you to name a proxy (agent) who will be able to take care of your financial and legal affairs in your stead. However, this document will become void if the PoA author dies or becomes incapacitated.
  • Durable power of attorney – grants the identical authority to the proxy as the previous type but will stay effective even when the individual on behalf of whom the agent acts becomes incapacitated.

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.

Should I attest my will in Georgia for it to be valid?


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.

IMPORTANT: Even though notarization is not required for last wills in Arizona, signing a will in front of a notary public usually helps facilitate the probate.

When weighing an attested and holographic will, which is preferable?


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.

What does it imply to be testamentary capable?


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.

Does a will demand a self-proving affidavit in Georgia?


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.

Can you leave out your children or spouse from a last will?


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.

According to Census.gov, in 2018, the Georgia divorce rate was 8.1 (per 1,000 women over 15 years old), which was similar to the national rate in the USA in the same period.

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.

Is another person permitted to adjust my last 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.

Can a signed, typewritten last will be altered in Georgia?


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:

  • Adoption or childbirth
  • Divorce or marriage
  • You bought or sold real estate or large piece of property.
  • Your money situation has changed noticeably

What must I do in case my will has been lost?


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.

If I am physically unable to sign my will, what do I have to do?


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 Download When to create one
Codicil DOCX, ODT, PDF Your last will requires one or several minor changes.
Self-proving affidavit DOCX, ODT, PDF You would like to keep from possible complications in the probate court.
Living will DOCX, ODT, PDF You want to ensure that, if you are incapacitated, you are treated how you’d want to.
Living trust DOCX, ODT, PDF You want to think about an alternative to a will.
Published: Sep 15, 2020