Why You Need a Will in Georgia and How to Get Started - A simple guide

Making a will is an essential part of planning for the future. It is a legal document outlining how a person's assets and belongings will be distributed after death. In Georgia, making a will is relatively straightforward. This article will provide you with a step-by-step guide on how to make a will in Georgia.

How to Write a Will in Georgia

Decide what you want to include in your will

Before writing your will, you must decide what you want to include. This may include your assets, such as property, money, and investments, and any specific instructions for distributing these assets. You may also want a simple will to include details about who should be appointed as your executor, the person responsible for carrying out your wishes after your death. A probate court will appoint an executor if you don't mention one in your will. Choose a person to serve as your children's legal guardian if necessary.

Hire a lawyer

Before creating a will and estate plan, you should speak with a lawyer. While it is possible to make a will without a lawyer, it is generally recommended that you seek legal advice to ensure that your will is legally binding and covers all necessary aspects. A lawyer can help you understand the estate planning needs in Georgia and ensure that your will is properly drafted and executed. They can verify your life insurance policy and estate planning documents are correct.

The State Bar of Georgia can help you find an estate attorney. The Department of Aging Services also offers legal aid to those who are 60 years of age or older.

Gather all the estate planning documents

Gathering estate planning documents is a challenging task. But this needs to be done anyhow.

• List all tangible assets you have, whether real estate, bank accounts, other documents, or personal property.
• Name all beneficiaries, including any individuals or entities you want to remember in your will.
• To sign your will, get two witnesses. These witnesses shouldn't receive any benefits.

Make a Will

Your legal estate planning document should begin with the phrase "Last Will and Testament" and include details that can be used to identify you, such as your full name and address.

Identify the executor and any guardians, if any.

Specify your own family member and family heirlooms and the things they should inherit in your will. You could exclude some close relatives, such as a child or spouse. This should be expressed in your will so everyone knows what you want.

The will must be signed at the end by the document maker or by another person at their express request and direction, both in their presence. Two witnesses must also sign the will for it to be legally valid.

Review your will periodically

It is essential to review your will periodically to ensure that it reflects your wishes and is up-to-date with any changes in your circumstances. You should consider reviewing your will and other estate planning documents after a major life event, such as the birth of a child, a marriage or divorce, or the acquisition or disposal of significant assets.

If you need to change your will, you can either form a new one or revoke your old one and add an amendment, known as a codicil.

Save your will somewhere secure. Ensure your will is accessible to your executor in case you pass away. The executor will need the will to execute their financial and medical powers.

What are the requirements for making a will in Georgia?

In a will, also referred to as a Last Will and Testament, a person specifies their final wishes and how their property will be distributed after death. The final arrangements and designation of a guardian for any minor children may also be made using this document (children under 18 years old). In Georgia, a will must satisfy five conditions to be legally valid.

The will-maker must be at least 14 years old in Georgia

A will in Georgia must be made by a testator who is at least 14 years old. According to Georgia Statute 53-4-10, "Everyone 14 years of age or older may form a will, unless they are suffering from some legal handicap resulting from a lack of capacity or a lack of absolute liberty of action" (a). Most Georgians are qualified to make a will under this threshold. Some states may have stricter age restrictions.

The person drafting the will has the legal capacity to do so

Georgia law requires testamentary ability in order for a will to be enforceable. According to Georgia Law 53-4-11(a), the individual has a "decided and rational desire to create the will" and dispose of his or her possessions. A less stringent condition than ordinary contractual capacity is the ability to make a will. In addition, the testator must be able to "freely and voluntarily" execute the will, which means they must not have been coerced or pressured to make the will (Georgia Law 53-4-12).

A written is a must.

Georgia requires wills to be written, whether on a computer or by hand. Wills made orally or that are captured on audio or video are invalid in Georgia.

The testator signs the will

The testator must sign the will in accordance with Georgia Statute 53-4-20. Any mark, sign, or name that certifies the document's status as the testator's will can serve as the signature. The testator may ask someone to sign the will on their behalf if they cannot do so. A will must be in writing, signed by the testator or by another person with the testator's full permission, and in their presence.

There should be two witnesses

Georgia requires that a will be properly witnessed, which means that it must be signed in the presence of the testator by two capable individuals at least 14 years old. 53-4-20(b) and 53-4-22(a) of the Georgia Code. Wills wrote but not witnessed by at least two witnesses—known as holographic wills—are not recognized as legal documents in Georgia. As a best practice, we do advise that all witnesses be at least 18 years old.

Georgia does not mandate that testators notarize their wills, but doing so considerably speeds up and streamlines the probate procedure.

Do you need to submit wills in the Georgia courts?

Everyone with a deceased person's will must present it to the Probate Court for filing, even if the will won't be subject to probate. The county's court administers the will where the deceased person resided at the time of death.

What constitutes an invalid will in Georgia?

Georgia requires wills to be written, whether on a computer or by hand. 53-4-20 of the Georgia Code. Wills made orally or captured on audio or video are invalid in Georgia. Wills written but not witnessed by two witnesses—known as holographic wills—are not recognized as legal documents in Georgia.

How can you escape probate in Georgia?

Establishing a living trust for your loved ones and your estate is one of the most cost-effective strategies to avoid Georgia probate. You can put all your assets in a trust, after which you can designate your loved ones as the beneficiary or beneficiaries who will get the money and personal property after your passing.

What occurs in Georgia when a person passes away without a will?

A person is said to have died "intestate" if they pass away without leaving a will. According to "intestate succession" regulations, that person's assets will be distributed to their heirs.

The estate plan could need to go through probate if there are assets. The probate court will choose an administrator during the probate process. Ensuring the deceased's assets are distributed is the administrator's responsibility. A surviving spouse or only heir will be chosen to serve as the administrator if they are interested. If not, the administrator of the estate plan may be chosen by the majority of the heirs with the court's consent.

What are the inheritance laws?

If you pass away without leaving a will in Georgia, your live relatives will inherit any remaining assets after settling your debts. All of your assets will go to the state if you don't have any living relatives.

Which relatives or loved ones will receive your estate is determined by law.

Your entire estate passes to your spouse, children, or both if you have either. If one of your children passed away before you, their portion would be divided among their offspring.

Your partner will receive your full estate if you have a spouse but no children. Your children will divide everything in your estate plan evenly if you have children but no spouse. Children, both biological and adoptive, are included. They will split the estate equally between themselves and one child.

Your spouse will receive one-third of the estate if you have more than one child, and the children will divide the remaining portion equally.

• If neither your spouse nor children are present, then:
• Your estate goes to your parents if they are still alive.
• If your parents pass away, your siblings inherit your estate.

If none of the following apply to you, your inheritance is inherited in the following order:

Grandparents. Without grandparents, all your assets will be distributed among extended family members, including aunts and uncles. If any of your aunts and uncles have passed away, their offspring will equally inherit from them.

Without aunts and uncles, your estate will be divided by first cousins.

Do you need to notarize your will?

No, a notarized will does not legally bind a document in Georgia.

Yet, if you want to make your will "self-proving" in Georgia, you must visit a notary. A self-proving will expedite the probate process because the court can accept it without speaking to the signatories' witnesses.

You and your witnesses will go to the notary and sign an affidavit verifying your identities and that you all understood that you were signing the will to make your own will, self-proving.

Where should you keep all your important documents and the will?

A few options are sensible for ensuring that your will and other estate planning documents are safe until they are required again.

Provide your personal representative with the necessary paperwork

One of the most obvious options is to keep your documents with the person needing access first. Make sure your personal representative is able and eager to take on the role before appointing him. You might inquire about if he'd feel at ease with having copies of your will during this talk. You can also request that your papers be kept in a safe place, such as a safe or a safety deposit box, under your agent's supervision. If confidentiality is a concern, put your papers in a sealed envelope with the direction that it not be opened until your passing.

Request your lawyer to keep documents in a file

A copy of your records can be kept in the office or another secure file storage place by most attorneys who focus on estate planning and probate matters since they know the necessity for secure document keeping. Make sure your family, personal representative, and other trustworthy individuals are informed of your decision to hire an attorney for this purpose and are provided with the lawyer's contact information.

Keep documents in a safety deposit box

Storing your estate plan in a safety deposit box may be a good idea if you do any preliminary planning. A court order will be required unless you inform your personal representative of the existence of the safety deposit box, where it is, and that he is allowed to open the box. You should also ensure he has access to the key to the box or his own key.

You should also ensure he has access to the key to the box or his own key.

Store documents at home

Another place to keep your estate planning papers is your house, but if you choose to do so, you should exercise caution. The safest place to keep valuables in your house is in a large safe anchored to your house's framework, and has fire and water resistance ratings. Also, you'll need to disclose the existence and location of your safe to your personal representative to inform them that your documents are kept there. Also, you must confirm that he has access to the combination or key.

FAQ

Conclusion

Creating a will may not be the most enjoyable task, but it is one of the most important things you can do to protect your loved ones and ensure your assets are distributed according to your wishes. By following these simple steps, you can create a will in Georgia that provides peace of mind for you and your family.