A Georgia last will and testament provides you with the peace of mind that you have your affairs in order. It serves as a guide after your death to how you wish the court to distribute your estate.
Contents hideWhen creating your will, you must follow the law. The Code of Georgia, Title 53 covers the legal requirements for a will. You have to ensure your document meets these requirements. If you do not, the probate judge can declare it invalid.
To create a valid will, you do not need a special last will and testament form in Georgia. The probate court will determine if the document is a will through the intention. If you use it to pass on assets after your death, then it generally meets this requirement.
You must be at least 14 years old to create a will. You also must be of sound mind, meaning you need to understand the document and what it means. In addition, you have to sign the will with your own signature and do so of your own free will. Nobody can force you to create or sign it.
A valid will requires the signatures of two witnesses who are at least 14 years old. Do note that your witnesses cannot be a beneficiary, meaning they cannot receive anything in the will. If one is a beneficiary, then you will have to have at least two other witnesses who are not.
The same requirements exist for all changes you wish to make. You need to sign and have two witness signatures.
You may have additional questions about how to create a will. With that in mind, here are some frequent concerns people have.
What Are the Requirements for a Will to Be Valid in Georgia?You need the proper signatures, and you must be old enough to create a will under the law. In addition to those basic requirements, it is essential to put your will in writing. The state does not accept oral wills.
You need to make sure when signing that you and all your witnesses are present. Everyone must see the others sign the document to validate it.
How Much Does It Cost to Create a Will in Georgia?You can use a free last will and testament in Georgia to create your will for no cost. You do not have to hire an attorney. As long as you follow all the requirements, you can create a will anytime you wish.
Do Wills Need to Be Notarized in Georgia?As long as you have the signatures required and everyone witnessed each other sign, you do not have to notarize your will. However, you can make things easier for your heirs if you do notarize the signatures.
This creates a self-proven will that does not require the probate court to verify it after your death.
Is It Legal to Write Your Own Will in Georgia?You can use a will template in Georgia to create your own will. There is no legal requirement to use an attorney, but you may wish to do so if you have a complex estate. It may be difficult to find a last will and testament template in Georgia for estates with a lot of assets or complicated issues.
Is a Handwritten Will Legal in Georgia?The U.S. Army explains the state will recognize a handwritten or holographic will. You must ensure it meets all requirements.