Will writing service in Georgia

A Georgia resident keen on making a will can explore the options detailed in this will and consider the formal requirements provided in this article. In the will-writing process, the testator must be 14 years old and have testamentary capacity to understand the implications of writing a will in Georgia. 

How much does it cost to write a will in Georgia?

In Georgia, it costs an average of $200 to $1000 to write a will. The cost varies depending on attorney fees, the complexity of the estate, and the method of execution. If you choose to write your will online, will writing professionals such as LegalPen can write your will for an average of $250. 

Can I write a will without a lawyer in Georgia?

Yes, if you are 14 years or older and have a testamentary capacity, you can write a will without a lawyer in Georgia. There is no legal requirement in Georgia laws for one to acquire the services of a lawyer when writing a will. Do-it-yourself wills, handwritten wills, and typed wills are acceptable. 

Is It Legal to Write Your Own Will in Georgia?

Yes, it is legal to write your own will in Georgia so long as you are over 14 years old and have a sound mind and reasoning. However, the will you write must meet the formal and legal requirements of valid wills in Georgia. 

Does a will in Georgia need to be notarized?

No, a will in Georgia does not need to be notarized. Conversely, Georgia allows a testator to make their will ‘self-proving.’ To make their will ‘self-proving’, they have to go to a notary public to attest to the making of the will. 

 Do I Need a Lawyer to Make a Will in Georgia?

No, you do not need a lawyer to make a will in Georgia. You can make a valid will with LegalPen, an online will-writing company, or you can create your own will. At LegalPen, we advise that you consult a lawyer before making a will to ensure you make a valid will. 

Do I Need a Lawyer to File a Will in Georgia?

No, you do not need a lawyer to file a will in Georgia. After making your will, you can proceed and file it in the probate court in the district where you reside. 

Are Online Wills Legal in Georgia?

No, Georgia does not recognize online wills. Georgia categorizes online wills under the electronic will. An online will is a will that the testator creates and then uploads to a second-party server or posts to another online platform. 

How to Include Digital Assets in a Georgia Will

You can include digital assets in a Georgia will by listing them among other assets in your will and then choosing a beneficiary who will be bequeathed the digital assets. Examples of digital assets in a will include cryptocurrencies, digital art created and stored digitally such as Non-Fungible Tokens (NFTs), e-books and digital publications, audio and music files, video content such as YouTube and Netflix, domain names, software and apps, games and virtual goods, social media accounts such as Facebook, X, and Instagram. 

How to Disinherit Someone in a Georgia Will

You can disinherit someone in Georgia by updating your will. You can disinherit someone by addressing the disinheritance in your will. Naming everyone as a beneficiary except for the person you are disinheriting could backfire in Georgia. Omitting a beneficiary from your will could lead to claims of omission or mistake by the disinheriting beneficiary. 

How to Handle Debts and Liabilities in a Georgia Will

You can handle the debts and liabilities in a Georgia Will by writing down the debts and liabilities in your will. After including the debts and liabilities in the will, you can include instructions to the executor on how to use the assets listed in the will to pay back the debts.  

How to Provide for Minor Children in a Georgia Will

In Georgia, a minor is a person aged below 18 years. You can provide for minor children in a Georgia will by designating the establishment of a trust in the will. Additionally, you can provide for minors by choosing a guardian who will be in charge of taking care of the minors upon your demise. Additionally,  you can include bequests to the minors in the will. 

How to Store Your Georgia Will Safely

Storing your will in a safe and secure place is an important part of the will-making process. You can store your will in a safe deposit box. After storing your will in a safe place, you can inform a trusted family member and an executor of the place where you have stored it so that it can be easily accessed when needed. 

You can store your will with an attorney, an in-house lawyer, or a county clerk, in addition to a safe deposit box.

How to Contest a Will in Georgia

You can contest a will in Georgia by filing a petition  (a ‘caveat’) with the probate court. Anyone with an interest in the estate of the deceased can contest a will on the following grounds: undue influence in the will-making process, mistake, fraud, or being omitted as a beneficiary in the will. 

What are No-Contest Clauses in Georgia Wills?

A contest clause, also known as penalty, forfeiture, or an in terrorem clause, is a clause that may be included in a Georgia will or trust instrument. It serves deterrent purposes. It aims to disinherit a contesting beneficiary in case they contest any provision in the will or the whole will.   

What is the difference between probate in Georgia and North Carolina?

In Georgia, the probate proceedings are more formal and structured. The scrutiny level involved in proving a will’s validity is more stringent than the level in North Carolina. In North Carolina, the probate process is both formal and informal. The informal process is simple and less formal, not involving court hearings. To understand further the will writing process, you can check our will writing service in North Carolina article.  

How to Handle Foreign Property in a Georgia Will

The best way to handle foreign property such as business interests, a vacation home, or any other assets in another state/country is to add the property to your assets in your will. Once you include the foreign property in your will, it will be probated in accordance with the laws of the foreign country/state after you pass on. 

How to Make a Will for Same-Sex Couples in Georgia

In Georgia, writing a will for a same-sex couple is much like writing one for any other couple. The creation of a joint or mutual will is up to the spouse. A will needs to be written and signed by two witnesses to be considered legitimate. The couple can go through a how to write a will in Georgia to understand how to write a will. They should include a description of their assets, select an executor, think about guardianship for minors, make specific bequests, and address any potential estate tax issues in their will.

How to Plan for Pet Care in Your Georgia Will

You can choose a pet beneficiary in your Georgia Will. You can leave instructions and provisions for your pet. The pet beneficiary can be allocated money to facilitate providing care for your pet upon your demise.

Before assigning them pet care roles, you should discuss this with your pet beneficiary.  

How to Handle Business Succession in a Georgia Will

There are two ways to handle business succession in a Georgia Will. First, there is internal succession, where property is transferred to someone already in the company, such as an employee, a business partner, or an investor. Second, there is external succession, when the owner transitions ownership to someone outside the company, such as a relative, spouse, or child. The documents governing internal successions include operating agreements and bull-sell agreements, whereas stock certificates handle external successions. 

How to Handle Out-of-State Property in a Georgia Will

You can handle out-of-state property in a Georgia will by including the property that is out of state in your will. After you die, once the will is legitimized, the property that is out of state will be distributed according to the state’s laws. 

What is the Difference between Holographic wills and Statutory Wills in Georgia?