How to Make a Will in Georgia

Creating a will in Georgia ensures your wishes are legally documented and your loved ones are catered for once you are gone. You can make your will in Georgia by following the steps and formalities in this article. 

What are the Steps to Create a Will in Georgia?

The steps of creating a will in Georgia are as follows:

1. Deciding your wishes, such as how you would like your property and assets distributed;
2. Choosing an executor who will be in charge of administering and managing your estate after your death
3. You can draft your will yourself, with the help of an attorney, or hire a will-writing company such as LegalPen. 
4. Including specific provisions for joint property health directives, among others
5. Signing your will
6. Storing your will safely 

What Happens if I Don’t Have a Will?

If you do not have a will in Georgia, your estate will be subject to the Georgia Intestate Succession laws in the Probate Court upon your demise. The probate court will choose an administrator to administer the estate. 

What are the Requirements for Writing a Last Will and Testament in Georgia?

The requirements for writing a last will in Georgia include the following:

1. The testator must be an adult;
2. They must have testamentary capacity, be of sound mind;
3. They must have the intention to make the will or the will to dispose of their property;
4. The will must be signed voluntarily, and 
5. The will must be witnessed by two independent witnesses. 

How Often Should Your Review and Update Your Georgia Will?

You should revise and update your Georgia will every six months. Alternatively, you can update your will when there is an important change or alteration, such as if you have a child who is considered a new beneficiary or if you purchase property. 

At LegalPen, we offer review and update services to our clients in Georgia.   

How to Revise and Update Your Will in Georgia

You can revise or update your will in Georgia by amending the existing will using an instrument known as a codicil. The Codicil should be made in the same manner as the will. The legal and formal requirements required in the will-making process are similar to those required for making a codicil. 

What Makes a Will Valid in Georgia?

A will is valid in Georgia if:

1. The testator is 14 years of age or older;
2. They have the testamentary capacity to write a will. Testamentary capacity comprises understanding that the will disposes of your property after death, knowledge of the property on its own, remembering your family members, and expressing a distribution plan.
3. The will must be signed by the testator and two other witnesses.

Can a Handwritten Will Be Valid in Georgia?

Yes, a handwritten will is valid in Georgia. However, the safe practice is instructing your attorney to write the will on your behalf to comply with Georgia’s estate requirements. You can be certain that a professional draft will dispose of your property in the way that you intended and that it will be accepted by a probate court. 

How Do I Sign My Georgia Will?

You can sign a Georgia will by appending your signature at the end of the will. The signature must be appended in the presence of witnesses. The witnesses must be 14 years old and above. 

What Can I Include in an Online Will in Georgia?

Your online will in Georgia can include:

1. Personal property, real estate, and assets;
2. Designate beneficiaries to receive the property;
3. Choose an executor responsible for administering your property;
4. Donate some of your property to charity
5. Choose a legal guardian for minor children
6. Choose a guardian for your pets 

Types of assets covered in a Georgia will

The types of assets covered in a Georgia will include:

1.  Digital Assets: social media accounts, digital photos, domain names, cryptocurrency;

2. Intellectual Property: copyrights, patents, trademarks, royalties;

3. Personal property: furniture, jewelry, cars, art collections, clothing and electronics;

4. Business interests include LLC ownership, family business, and partnership interests. 

Can I Revoke or Change My Will in Georgia?

Yes, you can revoke or change your will in Georgia. Revocation or amendment of your will should be done by the Georgia Estate Laws. 

How do you Revoke or change your will in Georgia?

You can change your will in Georgia using an instrument called a codicil. The codicil will be prepared in the same manner as the original will. 

Can I Make a Digital or Electronic Will in Georgia?

No, Georgia does not currently permit electronic wills. The only type of will valid in Georgia is a will in writing and signed by the testator in front of two witnesses. 

Who can Witness a Will in Georgia?

2020 Georgia Code Title 53- Wills, Trusts, and Administration of Estates stipulates on who can witness a will in Georgia. The witness: 

1. Should be aged 14 years and above; 
2. They must sign the will in the presence of the testator and
3. They should not be beneficiaries of the will.  

Should My Will Name an Executor?

Yes, your will should name an executor in Georgia. Failing to name an executor in your will gives the courts the power to appoint someone (an administrator) who will administer your estate after your demise. 

What are the Georgia will executor requirements?

For one to be an executor in Georgia, they must be:

1. An adult; at least 18 years old;
2. Must be of sound mind;
3. Must be of good moral standing- they should not be an ex-felony convict
4. Must be a Georgia resident; if they are not a Georgia resident, they must be a relative of the deceased or a legally qualified individual. 

What Happens to a Will After Death in Georgia?

After death in Georgia, the will is filed in Probate Court. The will is filed in probate court to ensure the orderly transfer of the deceased person’s assets according to their wishes. Filing the will in probate court also facilitates verifying the will to ensure it is properly executed and meets the legal requirements. 

What is the Impact of Marriage and Divorce on Your Georgia Will

In Georgia, divorce revokes your will. For example, if you had made a provision for your former spouse in the will, the provision can be automatically revoked upon divorce.

Similarly, marriage revokes a will. In circumstances where you made a will while being a bachelor/spinster, subsequent marriage may revoke a will because the will does not make provision for new beneficiaries. 

Do all wills in Georgia have to go through probate?

Yes, all wills in Georgia have to be probated. The process of probate is done to legitimize the will. Legitimizing a will is going through a will to ensure it meets the formal and legal requirements stipulated in the Georgia Estate Laws. 

Is Georgia a community property state?

 No, Georgia is not a community property state. Georgia follows the equitable distribution model, and courts strive for equitable and fair division, considering all factors, including the spouse’s contribution to acquiring the property, the spouse’s income and financial status, and their future needs. 

How is Georgia intestate succession done?

Intestacy is when you die without a will. Intestate succession in Georgia is governed by the Georgia Intestacy Laws. The laws set out who will inherit your estate after you pass on. Your whole estate goes to them if you have a spouse/kids. If you do not have a spouse but you have kids, the property will be divided equally amongst the kids. If you have no spouse or kids, your estate devolves to your living parents. 

How is Estate and inheritance tax in Georgia done?

Georgia does not have an inheritance tax. As of July 1st, 2014, Official Code of Georgia Annotated ( O.C.G.A.)  § 48-12-1 eliminated estate taxes.

What Are the Differences between a Simple Will and a Testamentary Trust Will in Georgia?