Last Will and Testament Georgia

The Importance of Writing a Georgia Will

Writing a Georgia will is only one aspect of properly planning your estate. To cover all aspects of estate planning, talk to a Georgia estate planning attorney and get your affairs in order. This is preferably done long before it is necessary, while you are still of sound body and mind. Although no one enjoys thinking about it, you never know what might happen in the future, so it’s wise to be prepared. 

Although a last will and testament Georgia is not legally required, it is highly recommended. Without one, you have no binding evidence of your final wishes, which means that state laws of intestacy will determine how your assets are distributed. Your property may even be auctioned off to satisfy any remaining debts.

Legal Requirements of Georgia Wills

There are several basic elements that Georgia wills are required to have in order to be legally binding.

1. Must be composed by someone of sound mind who is over age 14.
2. Must be in writing.
3. Must be signed by the testator or (if he/she is physically incapable) some other individual in the testator’s presence and under his/her direction.
4. Must be personally attested to and subscribed by two or more competent witnesses in the presence of the testator.

Furthermore, any codicil, which is an addition, modification, or revocation of part of the last will and testament Georgia, must be carried out by the testator and attested and subscribed by witnesses in the same manner as the original will. Consult with a qualified estate attorney to ensure the changes are legally enforceable.

How to Write a Will in Georgia

When making arrangements for your estate, you should research how to write a will in Georgia. There are several specific elements that you need to include in your last will and testament Georgia to ensure that it is legal.

• Personal Information: The name of the testator needs to be typed or neatly written at the top of the document followed by the city and county of residence.
• Personal Representatives: List the name of the chosen executor and the name of an alternate in case the primary choice is unable to fulfill the duties. Include the city, county, and state of residence for each.
• Beneficiaries: List the full legal name, current address, relationship to the testator, the last four digits of the social security number for each beneficiary, as well as the property being bequeathed to each.
• Printed names, signatures, and current addresses of two or more witnesses
• Optional Notarization

In addition to drawing the last will and testament Georgia, an experienced and knowledgeable Georgia attorney like Stan Faulkner will also be able to efficiently represent your beneficiaries during the probate process.

Template of a Simple Will Georgia

For many without a large estate or multiple beneficiaries, a simple will Georgia is the preferred option. This example is perfect for those who want to make their wishes known without the added paperwork that accompanies a more detailed last will and testament Georgia.

Planning Your Will Georgia

Before writing your will, Georgia attorneys may want to discuss your legacy and options. An initial interview often lasts one to two hours. There, you can outline your goals and concerns enabling your legal counsel to establish the best ways to safeguard your legacy and the financial security of your family.

How to Probate a Will in Georgia

Even with a well-crafted will, you may still need to know how to probate a will in Georgia. Georgia accepts and encourages self-proved wills. For a will to be self-proved, it has to incorporate another document signed by witnesses of the testator, and also a notary public. 

The validity of the will is attested to by the document when it was signed. Then, it meets the legal requirements of Georgia. Since estate planning is an important aspect to probating a will in Georgia, the right lawyer can lead you to the best plan.

Georgia Probate Law No Will

In some cases, you may be required in Georgia to probate when there’s no will. Generally, upon the death of the deceased, you’re required by law to submit the deceased’s will together with supporting documents to the Probate Court. 

When an estate has no assets, then there might be no requirement to probate a will. Regardless, there’s no fee for submitting the will not for probate.

Additionally, if your loved one died with no Georgia will, you could request to probate the estate in the County Probate Court where he or she lived at the time of death. In occasions where your loved one didn’t live in Georgia at the time of death, you could petition to be appointed as the executor of the property in any Georgia County where he/she owned property.

Although the article What is probate? would help you understand the process, a probate attorney could also explain why and when it is necessary. Basically, a probate attorney can work as a liaison between executor and inheritance if needed, such as in circumstances where both do not get along. 

Plus, if you decide to work with a probate attorney, they’re also able to help you in selling real estate, distributing assets to beneficiaries, paying real estate taxes, handling debts of property, and much more. Timely and appropriate management of those tasks can allow you to avoid probate court, saving money and hassle.

Modifying Wills in Georgia

Although it is possible to make additions or modifications to wills in Georgia at any moment prior to the testator’s death, there are certain steps that must be followed. Generally, either a signed and witnessed codicil or a completely new will executed with the very same formalities must be constructed reflecting the new wishes.

There are several reasons that you may want to compose a new version of your last will and testament Georgia. Significant changes that may require an upgrade include the following:

• Birth or adoption of a child
• Divorce
• Marriage
• Relocating to another country

Also, if your spouse dies suddenly, it may be necessary to make adjustments to your will.

Additional Georgia Will Laws

In addition to the prior regulations listed regarding Georgia will laws, there are specific methods by which the documents can be legally revoked before death. The revocation may be either expressed or implied. To express that you are revoking a will, you would either destroy it or write another will that nullifies the previous one. To imply a revocation, you would merely write a second will with wishes that are inconsistent with those specified in the prior one.

To ensure your estate safely transfers to your beneficiaries upon your passing, and to verify that your last will and testament Georgia is, in fact, up-to-date with your current wishes, contact a reputable attorney. Peace of mind is, in fact, priceless.