Does a will have to be notarized in Georgia?
In this article, you’ll learn about:
Let’s dig in.
No, a will in Georgia does not have to be notarized.
However, having it notarized can simplify the probate process.
If the will is notarized, it becomes a self-proving will.
This can expedite the process of settling an estate in Georgia.
But, let’s say a will is not notarized in Georgia.
It can still be valid if it meets other requirements, such as being signed by:
However, without notarization, the will is not self-proving.
When a will is not notarized in Georgia, the witnesses need to testify in court to:
This can make the Georgia probate process more:
Some issues that our estate planning clients face are:
Let’s say you can’t get the witnesses to show up to testify.
The will would be invalid.
And the courts would:
To make your will self-proving so that you can avoid this, you can:
Read More: How Long Does An Executor Have To Settle An Estate In Georgia?
There are several requirements that make a will legal in Georgia.
Georgia’s will requirements are:
For a will to be valid in Georgia, it must meet the following requirements:
Everyone involved must be:
Meeting these requirements ensures the will’s validity under Georgia law.
Georgia’s law on wills and estate are:
Our estate planning attorneys will notarize your will for you.
But, any notary public can notarize a will.
Notary publics are authorized by their state to witness and authenticate signatures on wills.
To notarize a will, the notary public must:
The notary public then adds their signature, seal, and notarial certificate to the will.
This makes it a self-proving document in Georgia.
Clients ask some common questions for a Georgia last will and testament.
In Georgia, a will is still valid even if it’s not notarized.
A will does not have to be notarized in Georgia to be a valid will.
Per Georgia code, you need two witnesses to have a valid will.
These witnesses HAVE to:
In Georgia, two witnesses are required for a will.
Eligible witnesses must be:
Witnesses need to:
This will confirm that they witnessed the testator’s signature.
Yes, you need two witnesses for a will in Georgia.
If you don’t have two witnesses for a Georgia will, then it’s not a valid will.
This means that one witness or zero witnesses will not cut it.
Both witnesses will need to be present to see the testator sign the will.
This is common with holographic wills that are not signed by witnesses.
These types of wills are not valid in Georgia.
Our law firm will provide two witnesses so you don’t have to worry about this.
Yes, in Georgia, you can write your own will and have it notarized.
To ensure the will’s validity, make sure it is:
Those witnesses need to be:
Having the will notarized makes it self-proving.
This can simplify the probate process by not requiring witnesses to testify in court to verify your signature.
If a will is not notarized in Georgia, it can still be valid.
But only if it meets the other requirements, such as being signed by the testator and two witnesses.
However, without notarization, the will is not self-proving.
In the probate process, the witnesses may be required to testify in court to:
This can make the probate process more time-consuming and complicated.
No, a notary cannot be a witness to a will in Georgia.
A notary public is normally going to be the estate planning attorney.
The one who creates the last will and testament for you.
A notary has to witness the witness signing the will.
A notary cannot witness themselves signing a document.
They can only witness another person’s actions under Georgia law.
Each person involved has to play independent a role.
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