Last Will is a legal form used in the United States to declare how, in what proportion, and to whom one’s properties and funds should be transferred after death.
If you want to create this document in the state of Georgia and make it legal and valid, you have to obey the local laws and rules and take them into account when drafting your document.
While professional lawyers and consultants may help you and give you some advice, we have prepared a quick guide with basic laws that will be useful for you. Besides the laws, you can find some details about writing the will in Georgia.
Last Will Requirements and Laws in Georgia
As in every American state, in Georgia, there is a set of laws and requirements that regulate last wills. If a Georgia resident does not follow the local rules and norms regarding the topic, the form they create and sign might be considered invalid in the future. As such, their properties could be transmitted differently from their intentions.
An individual who drafts and signs the document is also referred to as a testator. However, a testator is not the only person who signs the form. In all American states, two witnesses should sign the will; some states also require the will’s notarization.
The legal requirements for the last will in Georgia are included in the Official Code of Georgia Annotated, also known as the Georgia Code or the O.C.G.A. Title 53, Chapter 4 contains all the relevant info about the document.
Signing Requirements
In Georgia, an individual who creates the form must leave their signature and ask two witnesses to sign the form. The will is valid only if it is made in writing. These rules are stated in Section 53-4-20 of the Georgia Code.
Age Requirements
It is possible and legal to create a will in Georgia for individuals who have attained the age of 14 years. The same applies to witnesses who sign wills in the state (see Sections 53-4-10 and 53-4-22 of the Code).
Limitations
According to section 53-4-10, in Georgia, an individual is not eligible to make a last will in case of “laboring under some legal disability arising either from a want of capacity or a want of perfect liberty of action.”
If a person in Georgia is accused of any crime, it should not interfere with their wish to create a last will (see the Code section mentioned above).
Revocation
Every individual’s wishes and bonds with other people might change through time. Furthermore, there might be a need to make corrections in the last will form or even revoke it to start from scratch and create a brand new document.
As stated in Section 53-4-40 of the Code, in Georgia, a person can change their will at any time before they pass away. Section 53-4-42 says that the last will revocation in Georgia can be either express or implied. The difference and ways of revocation are described in the same section.
There are two ways of making changes to the last will in Georgia. You can draft a completely new form while destroying the old one; however, there is no need to eliminate the old version if you need to make slight corrections to the existing document. You can simply attach an addendum (an amendment with modifications) to your main last will form.
Making a Last Will Form in Georgia
If you feel like now is the time to create your last will, we have a set of steps you can go through to ensure that you have not forgotten anything. We also recommend that you seek legal advice from an experienced professional who will help you complete the procedure correctly.
- Think of Your Heirs and Define Your Property
When you decide to create the last will, you should first determine who will be your heir(s), what property belongs to you, and what should be included in the will.
- Select a Guardian for Children
If you have a child (or children) younger than 18 years old, it is essential to add the guardian’s name in your last will, especially if there is any prerequisite to your soon death.
- Choose an Executor for Your Property and Your Children’s Estate
Last will allow its creators to select someone who will manage their estate and transfer after their death. This person is also called an executor, and they are responsible for the will implementation on time. Besides, you can choose someone to manage your children’s property (it can be their guardian, too).
- Describe your Property Transfer Scheme and Wishes in the Last Will
After deciding what estate you wish to mention in the last will and transfer to other people, it is time to formulate your will, describing how, to whom, what, and in what proportion all you have should be distributed. Our advanced form-building software will help you generate the last will template that you can use to make your own form.
- Talk to a Lawyer
As we have already mentioned, checking with legal professionals before you sign your last will is a great idea. Maybe they will give you a hint about the form that you would never guess without talking to a specialist.
- Sign the will With Witnesses and Ask them to Sign
When all the formalities are complete, and the form is ready, sign it in front of two witnesses who are disinterested in the document’s content. When you have signed your will, pass it to both witnesses to sign it.
- Keep the Document Safe
Once the procedure is complete, store the document in a safe place.