The Hive Law

Are Holographic Wills In Georgia Legal Or Valid?

Holographic Wills In Georgia - Are Holographic Wills Legal In Georgia - Georgia Holographic Wills

Are holographic wills in Georgia even legal?

Can you use them to:

  • avoid the probate process
  • pass down your inheritance to beneficiaries
  • appoint an executor of a Georgia estate
  • create a legal document for your estate

We will dig into all of this.

Let’s dig in.

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What Is A Holographic Will In Georgia?

A will is a holographic will in Georgia if it doesn’t:

  • get witnessed by two people
  • get signed by two competent witnesses

A holographic will does not need to get notarized in Georgia to be a valid will.

But, it helps the executor prove the validity of the will to the probate courts.

An estate planning attorney can:

  • provide witnesses
  • have their witnesses sign
  • make it NOT a holographic will
  • notarize the will
  • give you a self-proving affidavit

Georgia Will Requirements

Under Georgia law, for it to be a valid will, a holographic will needs to:

  • have a testator that’s 14+ years of age and of sound mind
  • be typed up or written out (either is fine)
  • NOT be an audio or video recording (oral wills)
  • get witnessed by two competent witnesses, 14+ years of age
  • get signed by those witnesses

Let’s talk about if you DON’T meet the will requirements in Georgia.

What Happens If Your Holographic Will Is Invalid?

Let’s say you try to file a holographic 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.

They will distribute your estate per the intestate laws in Georgia.

In this case, this means that:

  • your spouse and kids split the estate equally per individual
  • your spouse (with no kids) gets everything
  • your kids (with no spouse) get everything

If this is what you DON’T want, you will need to create a new will.

What Happens If You Have A Holographic Will In Georgia

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 making a holographic will valid allows you to:

  • appoint an executor (personal representative) of your estate
  • distribute your estate how you see fit
  • exclude people from your inheritance if desired
  • change the allocations of how things get distributed

For example, people pass away and leave behind their surviving spouses.

Intestate laws in Georgia would make your surviving spouse split the estate with the kids.

You may want to give your spouse the entire 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.

How To Fix A Holographic Will

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.

  • make it a living will (to determine your end-of-life healthcare)
  • appoint guardianship for your minor children
  • make your will self-proving with an affidavit
  • get a notary for your will to make it easier to prove
  • set up the appropriate power of attorneys
  • set up living trusts to pass down real estate and personal property

There are other things to consider for your family members, too.

You need to choose the appropriate loved ones as beneficiaries of things like:

  • retirement plans
  • life insurance policies
  • bank accounts
  • investment accounts

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.

Get A Will In Georgia

If you want a reliable, attorney-created will and legal advice, fill out the form below.

Our experienced, Atlanta estate planning attorneys will create your living will, which means:

  • you can make sure your doctors abide by the laws
  • you have confidence you have the correct living will set up
  • you don’t have to hire a notary to show up to the signing
  • you don’t have to find witnesses to show up at the signing
  • you get FREE revisions for 30 days

Fill out the form below and we will reach out and get the ball rolling.

Talk soon.

Get A FREE Consultation!
We run out of free consultations every month. Sign up to make sure you get your free consultation. (Free $350 value.)
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