Create Your Georgia Will in Minutes
FindLaw’s simple step-by-step process will guide you through creating a valid Georgia will that will allow you to distribute your assets as you desire. Our will forms are customized for you based on Georgia state law.
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Quick, Simple, Reliable Georgia Will Forms
If you die without a will, the Georgia probate court will follow Georgia’s intestate succession laws to distribute your property. Under intestacy laws, your spouse and children are generally the first to inherit from you. If you are not married and have no children, a probate court will move down a list from close relatives to more distant relatives until it finds someone who can inherit from you. A will allows you to distribute your property as you see fit.
Georgia Last Will and Testament Options to Suit Your Needs
Last Will and Testament
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A do-it-yourself last will that’s easy to personalize.
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Estate Planning Package
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All the forms you need to create a personal estate plan.
How It Works
It only takes minutes to control your future. Need help? Contact one of our directory attorneys.
Answer Key Questions
In order to get started, you need a list of your assets, accounts, contact information of important people, and wishes for the future.
Create an Account
Creating an account is easy, quick, and secure. Save your information as you go and return when you have time.
We Create Your Document
We’ve done the hard part by researching and developing your state-specific form. You simply need to follow our clear process.
Sign & Make It Legal
Sign your documents according to the instructions provided. This may include signing in front of witnesses or a notary.
How Do I Create a Valid Georgia Will?
When using a last will and testament form or template, follow these steps: See full process
Choose an executor
Choosing a personal representative is an important decision because they will manage your assets after you die. You also should choose one or more alternates in case your first choice is unable to serve.
Your personal representative or executor must be responsible and trustworthy. They should understand and agree to the responsibilities of the role. Some of the personal representative’s responsibilities are:
- Identifying and managing your probate assets
- Notifying your beneficiaries and creditors about the probate process
- Using estate funds to pay bills and taxes for your estate
- Distributing your assets to beneficiaries in accordance with your will
Your personal representative also can use estate funds to hire professionals, such as attorneys and accountants, to help them with the probate process.
List your beneficiaries and your assets
Beneficiaries are the people or organizations that receive assets or property from your estate. You should identify the names and addresses of your beneficiaries to help your executor locate them and distribute the property. Beneficiaries can include family members, friends, loved ones, organizations, charities, or churches.
Make a list of your assets, including real estate, money in bank accounts, personal property, and investments. Determine which items you will distribute through your will and how you plan to allocate the property to which beneficiaries.
There are some assets that are not distributed by the will, including life insurance and retirement plans. Generally, these assets pass directly to the named beneficiaries.
List your debts
A will provides for distributing your assets but any debts may be required to be taken out of your estate before distributions are made. By providing a list of your debts, it can help your executor more quickly handle your estate in probate. Debts may include mortgages, personal loans, and medical debt.
Name guardians for your children
You can name a guardian for your minor children in your will. A court must approve your choice in case the proposed guardian is unfit. You also should name alternate guardians if your first choice cannot serve.
Your child’s guardian will make choices about your child’s education, health, and welfare and will have legal custody of your child. You should speak with your prospective guardian to ensure they want the responsibility of raising your child and that they share your values.
Sign your will
A last will and testament is a legal document that must be executed in compliance with Georgia law for it to be valid. Your will must be in writing, and you must sign the will or direct another person to sign it in your presence. Two or more witnesses must witness the signing and sign the will. The witnesses must be competent and at least 14 years old. Your witnesses should not be beneficiaries of your will.
Distribute and store your will
After you create a will, you should inform your family about the will and give a copy to your executor. You should keep the original in a safe place, like a safety deposit box, or have your lawyer hold onto a copy. You should also keep a copy in a safe where a family member has access.
You May Want To Speak With a Lawyer if You:
- Have a past divorce, blended family, or other complex family situation
- Have a high-value estate
- Own a business
- Want to create a special needs trust
- Want legal review of your completed will
Ready to get started on your Georgia will? It’s free to start.Create My Will
Georgia Last Will and Testament FAQs
To make your Georgia will valid, it needs to be signed in front of two witnesses, who also sign the will. The testator has to be at least 14 years old and of sound mind. The witnesses have to be competent and at least 14 years old. The witnesses should not be beneficiaries of your will.
FindLaw is not a law firm, and the forms are not a substitute for the advice or services of an attorney. If you have children with special needs, have a large net worth, or have specific legal questions, you should ask a Georgia estate planning attorney for legal advice. A lawyer also can create an entire estate plan with other documents, such as a power of attorney or living trust.
If you hire an attorney, you should know that attorneys charge varied rates for wills. Some attorneys charge a flat fee for a will, but others may charge an hourly rate. Rates depend on factors such as the complexity of your family or assets and the going rate in your city. For a will in Georgia, an attorney may charge $200 or more per hour. FindLaw’s will forms allow you to create a will through a simple process at a lower price.
A power of attorney is different from an executor. A power of attorney only has authority while you are alive. Many people designate a power of attorney for a living will. A living will provides for your healthcare decisions and medical treatment when you are incapacitated or suffering a terminal condition. However, a living will does not provide for the distribution of your assets after death.
A handwritten will can be valid if it is properly witnessed by two witnesses. However, a handwritten will may be more difficult to decipher and subject to interpretation. Using a form can get rid of any confusion about your intent.
A holographic will is a handwritten will that is in the testator’s handwriting and signed only by the testator with no witnesses. Holographic wills are not valid in Georgia.
It is helpful to make a self-proving will. Unless the court has proof of fraud, forgery, or other improper conduct, it will admit a self-proving will without requiring witnesses to testify. To create a self-proving will, you and your witnesses will sign affidavits before a notary public about your capacity to sign the will. The affidavits should be substantially similar to the self-proving affidavit in the Georgia statutes.
You can change your will by drafting an amendment to a will called a codicil. You must execute it in the same manner and with the same number of witnesses as your will. Codicils are fine for minor changes, but you should create a new will if you have substantial revisions.
Under Georgia law, you can revoke a will by any of the following methods:
- Destroying it with the intent to revoke it
- Executing a new will that states it revokes prior wills
- Executing a written revocation that is executed in the same manner as a will
Destroying a will can create doubt about your intent to revoke the will. It is always safer to execute a written revocation or a new will that clearly states it revokes all prior wills and codicils.
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