Are you wondering how to write a will in Georgia?
This article will cover:
We will dig into all of this.
Let’s dig in.
This is a quick guide to creating a will in Georgia:
There are a few pieces of info that you need to gather as you write your will.
Some of them are:
There are a couple of ways to write a will in Georgia:
Get your blank, online will template from an estate planning attorney.
You can still do it yourself and fill out the will on your own.
But this makes sure that you have a will from an accredited attorney.
One who is up to date on the probate laws in the state of Georgia.
Just make sure that you don’t make a holographic will.
This is why it’s important to get proper legal advice.
Let’s say you want to write your own will in Georgia.
But you want an attorney to review it.
We do that as well – just fill out the form on this page.
Hire an estate planning attorney to create your Georgia last will and testament.
An estate planning attorney will make sure that you have a valid will.
And that your estate gets distributed how you want it to.
Having an invalid will means that your estate does not get distributed how you want.
It will be up to the Superior courts to determine how to split your estate.
Without an estate planning lawyer, you risk your will getting contested.
If it’s not a self-proving will, then anyone can contest the legal document.
Fill out the form on this page to get a Georgia last will and testament made for you.
Under Georgia law, for it to be a valid will, when you write a will, it needs to:
Let’s talk about if you DON’T meet the will requirements in Georgia.
Per Georgia code, writing a will creates a holographic will in Georgia if it doesn’t:
A 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 written 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 last will and testament in Georgia.
You can only avoid probate by setting up trusts.
But a valid, written 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.
If you don’t appoint a beneficiary, these accounts have to go through the probate process.
And will be subject to paying off creditors and debts.
Let’s say you want a reliable, attorney-created Georgia last will and testament.
Our experienced, Atlanta estate planning attorneys will create your will, which means:
Fill out the form below and we will reach out and get the ball rolling.