What Types of Wills Are Allowed in Georgia?

Anyone who is thinking about making a will in Georgia should do so. Wills are important for many different reasons, including that they give the person making the will (the testator) the ability to say how they want their property distributed upon their death, who they want to be named as a guardian of their minor children, and who they want to serve as their executor or person who administers their estate. There are many myths and misconceptions about wills, however, and it is important to work with a Gwinnett County estate planning lawyer to ensure that your will meets all requirements to be valid under Georgia law. To be clear, Georgia law has specific requirements that must be met in order for your will to be considered valid and admitted to probate so that your wishes can be properly carried out.

With that in mind, you may be wondering if you actually need to work with a lawyer or whether you can simply write out a will at home and put it in a safe place. In short, Georgia law does not permit some types of wills that are considered valid in other states. Our Gwinnett County estate planning lawyers can clarify below, and we can begin working with you on a will and other components of your estate plan as soon as you are ready.

Wills in Georgia Must Meet Requirements Set Forth Under the Georgia Code

In Georgia, the execution of a Will is governed by O.C.G.A. § 53-4-20, titled Execution of Wills.  The key requirements under the statute are as follows:

• The Will must be in writing
• It must be signed by the testator (or by someone else at the testator’s direction and in their presence)
• It must be attested and subscribed by at least two competent witnesses
• The witnesses must sign the Will in the presence of the testator

Georgia does not require:

• notarization for validity (notary is for self-proving only)
• witnesses to read the Will
• witnesses to know the contents of the Will

A notarized self-proving affidavit (O.C.G.A. § 53-4-24) simply makes probate easier and it is not required for the Will to be valid.

Handwritten are Valid if they meet execution requirements set forth in the Georgia Code. Oral Wills Are Invalid in Georgia

Some states still allow for oral wills (known as non-cupative wills) to be valid and enforceable in probate. However, it is critical to know that Georgia does not allow oral wills and allows handwritten wills if they meet the legal execution requirements.   As such, even if a oral will is extremely detailed and there is clear proof that you were of sound mind and were the person who made the will, it cannot be enforced.   If you have an oral will, when you die it will be as if you do not have a will at all — you will be considered to have died intestate and Georgia’s laws of intestate succession will apply.

Contact a Norcross Estate Planning Attorney for Assistance with Your Will

If you need to make a will or to create other essential components of an estate plan, our firm can assist you. Whether you have questions about ensuring that your will is valid or enforceable, or you need more information about estate planning tools and documents such as trusts and powers of attorney, an experienced Norcross estate planning lawyer at Bowman Law Firm can help. Do not hesitate to reach out to us to have your questions answered and to begin creating an estate plan that can give you peace of mind for the future.

Source:

law.justia.com/codes/georgia/title-53/