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Georgia Last Will - Form and Laws

A Last Will and Testament is a written document in which a person specifies how they want their property and assets distributed after their death. In most cases, a Last Will and Testament also appoints a legal representative who will manage the deceased person's estate until it is distributed. Last Will and Testaments are not just for the wealthy and famous. In fact, anyone who owns property or has assets that they would like to distribute after their death can create a Last Will and Testament. There are a few things to keep in mind when creating a Last Will and Testament. First, the document must be signed and dated by the person making the will. Second, the will must be witnessed by two people who are not named in the will. Finally, the will must be filed with the probate court in the county where the person making the will resides. In Georgia, there are a few things that you should know about Last Will and Testaments. First, a Last Will and Testament must be in writing and signed by the person making the will. Second, the will must be witnessed by two people who are not named in the will. Finally, the will must be filed with the probate court in the county where the person making the will resides. If you have a Last Will and Testament, it is important to keep it up-to-date. Changes in your marital status, the birth of children, or the acquisition of new assets should all be reflected in your will. If you do not have a Last Will and Testament, or your will is out-of-date, it is important to speak with an attorney about creating or updating your will.

Georgia Last Will Facts

While formulating a testament, it makes sense to heed the designated Georgia specifications. When these state requirements are adhered to, you can rest easy that your final will and testament is not void in the event it is questioned. When composing a last will, what Georgia regulations should you follow? Firstly, eagerness to formulate Georgia will be established. In the event of traces of compulsion in the action, the final will can be debated and depicted as unlawful. In addition, the mental faculties of the testator must be plain to see. In case you are greatly agitated or impaired by drugs, you must not formulate your final will and testament. To add to that, the testator must have discernment of their action. It is a testament that the person is purposeful in concluding the drafting. For the avoidance of doubt, the intention is included at the top of the last will and testament. Other points to consider when creating a Georgia last will are:

  1. Signing requirements - Two witnesses (Section 53-4-20. Required writing; signing; witnesses; codicil).
  2. Age of testator - 14 and older (Section 53-4-10. Minimum age; conviction of crime).
  3. Age of witnesses - 14 and older (Section 53-4-22. Competency of witness).
  4. Types of will allowed - self-proving wills (Section 53-4-24. Self-proved will or codicil); handwritten wills (if witnessed properly; Section 53-4-20. Required writing; signing; witnesses; codicil).
  5. Types of will not allowed - oral and holographic wills (Section 53-4-20. Required writing; signing; witnesses; codicil).

What If I Die Without a Will in Georgia?

Irrespective of the importance of a testament, folks disregard the concept and depart this world without one. A state of intestacy implies a situation where an individual passes away devoid of a valid will. When a person dies intestate, their belongings are divided consistently with the intestacy conditions of their specific state. A property steward is chosen by the local probate court which handles the inheritance. To put it concisely, the departed person’s inheritance division is centered on their marital state and their descendants.

There are cases when married persons drop-dead lacking a final will where Georgia does not identify with community property. Subsequently, the existent companion is bequeathed the entire intestate investments. This is also the case if your union produced kids. What if you got kids but the mate is dead? Then the estate goes to the offspring. If the marriage produced no offspring and companion, your parents inherit you. Your brother and sisters, nieces, and nephews will land your valuables in the event you have no surviving offspring, parents, or spouse. Lastly, the aunts, uncles, grandmothers and grandfathers, and other family members are regarded.

In case the departed individual was without a mate, heirs, close relatives, or any possible inheritor, the state receives the estate.

What Should My Will Include?

After becoming aware of the advantages and necessities of Georgia's final wills and testaments, we next deliberate the major elements of the final will and testament. The testator is called upon to ensure the entries below are in the final will.

  • Testator’s Details

Presuming you have Georgia's last will template, you do not have to mention the intention. Keep in mind to include if you are in a marital union or unattached, in addition to the number of kids.

  • Beneficiaries Information

No last will and testament is legitimate unless the beneficiaries and their shares are included. Mention the name of every successor, plus where they dwell and what they’ll end up with.

  • Appointment of Executor

Another essential act is appointing the caretaker of the final will. This person is also called a personal representative and their role is to make sure that the final will is obeyed without deviation. Taking into account the essential role of the administrator, a reliable person should be given this station. Just that they should not be included among the successors.

  • Appointment of Guardians

If you have aged parents, pets, or offspring, designating a trustee is a wise action. The role of the custodian would be to ensure that these parties receive what is due to them. You can designate a replacement custodian for when the initial one is indisposed.

  • Witnesses

Be certain that you avail the specific details and contacts of the witnesses. And enter their legal names and residential addresses where essential.

  • Execution Details

The last will and testament must mention the date and venue. You and the witnesses are expected to sign on the date.

  • Other Details

A Georgia final will and testament can advise about the last rites, the digital agent, and any unique sentiments from the testator. Essentially, getting an official lawful testament is an admirable way to ensure your property is shared in line with your desires.

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