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Georgia Last Will and Testament

Georgia Last Will and Testament

By 

Jennifer Mcgee

·

Updated on  

November 22, 2022
·

7 mins

 Read

Planning and making your Georgia last will and testament is a safe way to secure your estate and decide what would happen to it. It wouldn't fall into the court's decision, and you'd have the deciding power about your property. That's why making a will now is an essential step, and you need to work on it now.

You could easily create an online last will if you have simple requirements for your estate. However, you must be aware of your state's rules before beginning the process.

Requirements for a Georgia Last Will and Testament 

Every state in the USA has varying conditions for a valid and legal will. To avoid the will from being challenged, you should follow the details for your state. Let's look at the requirements for a Georgia last will and testament:

  • Must be in written form: A written Georgia last will is legal in court. You need to write the will or type it on a computer and print it. Either way, it should be available in a physical form. 
  • The testator should be 14 years or above.
  • Must have a rational desire for estate distribution: The testator should possess a decided desire about how they want to distribute their estate. An insane person or monomaniac may make a will if it is not affected by their condition. It can be during a lucid state.
  • Freely and voluntarily: The testator should make their last will voluntarily without any influence from a beneficiary. 
  • Signed by the testator: The testator must sign their last will in the presence of two witnesses
  • Signed by two witnesses: A Georgia last will and testament would be legal if two witnesses sign it. They must sign it in front of the testator, and the testator needs to do the same.

Who can be your witnesses for a Georgia Last Will and Testament?

You will need at least two disinterested witnesses for your Georgia last will who follow these conditions:

  1. The witnesses need to be at least 14 years of age for a Georgia last will and testament.
  2. The two witnesses should preferably be disinterested, i.e., they shouldn't be beneficiaries in the will. 

Georgia rules for a personal representative or executor 

Your personal representative in the last will is the person responsible for managing your estate after you pass away or become incapacitated. You can choose an executor in your Georgia last will and testament only if they fulfill these conditions:

  1. They must be 18 years or above of age.
  2. The executor should have a sound mind, allowing them to perform the duties.
  3. In a Georgia last will, you may choose someone who lives out of state as your executor. 

Georgia Last Will and Testament notarization 

It's not necessary to notarize your Georgia last will. However, attaching a self-proving affidavit is better to make the probate process quicker. 

You can complete this by signing an affidavit by you and your witnesses declaring that it's your last will in front of a notary. 

Last Will Revocation in Georgia 

You can revoke your previous last will before you pass away in Georgia by following any of these steps:

  • You can destroy your previous will by tearing, burning, or throwing it away.
  • Reviving your previous Georgia will
  • You can revoke your previous will by creating a new one. 
Georgia Last Will and Testament 

Last Will Amendment rules Georgia.

You can revise your existing Georgia last will and testament with a Codicil. It's a legal document that lets you alter your will rather than revoke it altogether. The Codicil must also follow the same guidelines for signing by the testator and two disinterested witnesses. The testator should be of sound mind while creating the Codicil. 

Georgia rules for divorce after making your last will

  • Georgia law revokes any gift you leave to your spouse.
  • Revokes any appointment of your spouse as the trustee or executor 
  • However, the provisions will stand if you state otherwise in your Georgia will or remarry your ex.

What happens if you don't have a will in Georgia?

If you don't have a last will, these applicable cases could happen in Georgia:

Case

What happens 

Has children, no spouse 

Children inherit everything 

Has a spouse, no children

Spouse inherits everything 

Has a spouse and descendants 

Spouse and the children equally share the estate. (Spouse's share cannot be less than one-third)

Has siblings, no parents, no spouse, no descendants 

Siblings inherit everything 

Has parents, no spouse, no descendants 

Parents inherit everything 

Last Will and Testament Georgia Free Template

You can quickly create a simple estate plan by downloading a Last Will and Testament Georgia free template. It will be the best option if you don't have a large estate or complicated finances. You could check out the template and follow the necessary requirements to make your new Georgia last will and testament. Once you go through the details and follow the required steps:

  1. Connect on TrulyWill and create your account.
  2. Discuss any issues or complications about your finances and personal relationships with our attorneys.
  3. Sign or notarize the document, depending on your state's requirements. 

This template and sample last will and testament would allow you to examine what your will would look like. You can change the will template depending on your personal preferences for estate distribution. 

Some instances where it would be prudent to consult our experts before finalizing your will would be when you have a high net worth or complicated family and personal relationships. We also provide additional services for those unique requests:

  • Online expert support: You can connect with our experts online and clear your doubts.
  • Attorney support: For some specific and unique requirements, we also offer additional attorney support services for your will and trust.

If you're facing any of these issues, it's essential to consult an expert before proceeding. They could personally help you out with any doubts and create a solid and legally enforceable Georgia last will and testament. 

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Frequently Asked Questions

Can I leave or donate my estate to an organization or charity?

You can leave all your assets to a charity organization. The court would follow your wishes and provide the organization with everything. However, consult an attorney to avoid any problems.

Can I leave my spouse or family out of my will?

You can leave all your assets to anyone you want. It can be a stranger or an organization. However, you should consult an expert before finalizing the will to avoid any issues.

What does a personal representative/executor do?

The executor of your will would be responsible for managing and settling your estate distribution after you pass away. It's always better to name a trusted adult as your personal representative.

What would happen to my estate if I had no immediate family?

If you create a will before you pass away, your estate will go to the beneficiaries you've mentioned. However, if you die without a will, it could go to your extended family or even the state if there are no relatives.

What would it cost me to make a will?

Depending on your location and estate, the cost varies between $500 to $1000 if you hire a lawyer. However, you can use the TrulyWill platform to create a legal and valid will at a fraction of this price.
Jennifer Mcgee
Parent to five young children. Expert in Estate Planning, Probate, and Family Law Matters. Volunteer with Victim’s Advocates in the local sheriff's department...
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Got Questions?

Hi, I’m Jennifer McGee.

Co-founder & Head of Legal at TrulyWill

Feel free to book a call with me to help you with your estate plan.

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