Are DIY wills in Georgia even legal?
Can you use them to:
We will dig into all of this.
Let’s dig in.
You’re probably thinking about a do-it-yourself will like this.
You take out a sheet of paper and write everything on it.
Is that a valid will in the state of Georgia?
At this point, this is not a valid will.
It does not meet the will requirements under Georgia state law.
Here are the steps to creating a DIY will in Georgia:
Under Georgia law, for it to be a valid will, a DIY will in Georgia needs to:
Let’s talk about if you DON’T meet the will requirements in Georgia.
Per Georgia code, a do-it-yourself will is a holographic will in Georgia if it doesn’t:
A DIY will does not need to get notarized to be a valid will under Georgia law.
But, it helps the executor prove the validity of the will to the probate courts.
An estate planning attorney can:
Let’s say you try to file a DIY will in Georgia that’s not valid.
In this case, you won’t be able to prove the validity of the will to the probate courts.
And the probate courts won’t honor your wishes with this holographic will.
They will distribute your estate per the intestacy state laws in Georgia.
In this case, this means that:
If intestacy is what you DON’T want, you will need to create a new will.
With a valid will, your estate gets passed down exactly how you want it to.
You can’t “avoid probate” with any will in Georgia.
You can only avoid probate by setting up trusts.
But a valid, do-it-yourself will allows you to:
For example, people pass away and leave behind their surviving spouses.
Intestacy laws in Georgia would make your surviving spouse split the estate with the kids.
You may want to give your spouse the entire estate (including real estate).
And then let them pass the remaining estate to the kids once they pass.
That way, they aren’t left with minimal assets after you pass.
Note that you could do everything right and still not have a valid will.
If the testamentary capacity is in question, their own will can become invalid.
An estate planning attorney makes sure you meet all the proper requirements.
We’ve talked about a lot of things for estate planning with this legal document.
Let’s talk about the best way to set things up with your last will and testament.
There are other things to consider for your family members, too.
You need to choose the appropriate loved ones as beneficiaries of things like:
Your Georgia will can address these accounts for probate.
But, appointing beneficiaries means that you can avoid probate with these accounts.
This way, a testator can pass down property to beneficiaries immediately.
Let’s say you want a reliable, attorney-created DIY will template and legal advice.
Our experienced, Atlanta estate planning attorneys will create your living will, which means:
Fill out the form below and we will reach out and get the ball rolling.