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Do you have a legal will in Georgia?
How do you make sure your will is legal under Georgia law?
Can you use your will to:
We will dig into all of this.
Let’s dig in.
You’re probably thinking about a legal will like this.
You have to get legal assistance from an estate planning lawyer in Georgia.
The truth is that you don’t.
A handwritten will or DIY will is just as legal as one a law firm creates.
But there are rules you have to follow in the state of Georgia to make it legal.
The steps to make a will legal are below in “What Makes A Will Legal In Georgia.“
A legal will is a legal document that states who will inherit your belongings when you pass.
It’s also referred to as a Georgia last will and testament.
In Georgia, a legal will:
What makes it “legal” is whether it meets the requirements under Georgia law.
A legal will should include everything in your estate, including things like:
Here are the steps to writing a legal will in Georgia:
You do not need a lawyer to make a will in Georgia.
You can write your own will, have witnesses sign it, and have it notarized.
And you can do all of this without a lawyer.
Under Georgia law, for it to be a valid will, a will in Georgia needs to:
Let’s talk about if you DON’T meet the will requirements in Georgia.
No, a will is not valid if it is not signed.
For a will to be valid, it has to get signed by:
Yes, Do-It-Yourself wills are legal in Georgia.
Just make sure that if you do a will yourself that it meets the will requirements.
Let’s say it doesn’t meet the Georgia laws’ requirements.
Then your do-it-yourself will is not going to be legal in Georgia.
Yes, online wills are legal in Georgia.
Just make sure that if you do a will yourself that it meets the will requirements.
Let’s say it doesn’t meet the Georgia laws’ requirements.
Then your online will is not going to be legal in Georgia.
No, a will is not valid if there are not two witnesses who sign it.
And they have to see the testator sign the will.
Per Georgia code, a will is a holographic will in Georgia if it doesn’t:
A will does not need to get notarized to be a legal 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 have an old will that’s not legally binding.
You can also codicil your old will.
Codicil just means you’re creating an amendment to an old will.
Make sure that you follow the will requirements when you codicil an old will.
That way it’s a legal will in Georgia and the probate courts will accept it.
If you have an invalid will, you cannot probate that will.
A self-proving will allows you to more easily probate a will without an attorney.
Let’s say you try to file a legal 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 settle 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, legal 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.
Yes, you can write your own will and have it notarized.
This is a legal will in Georgia and it’s a valid will.
This will also help prove the validity of your will in the state of Georgia.
You can get a will witnessed and notarized with a local estate planning lawyer.
These law firms will provide you with witnesses, a notary, and self-proving affidavits.
Anyone who has notary public can notarize a will.
This can be friends, bank personnel, a mobile notary, or a lawyer.
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 legal 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.
Talk soon.
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