A Georgia last will and testament, or simply a “will,” is a legal document that states a testator’s intentions about how their assets will be distributed, how their children will be raised, and other matters after they pass away. The person tasked with supervising the estate’s distribution in accordance with the will’s provisions is referred to as an executor or personal representative.
Table of Contents
Key Elements of a Georgia Last Will and Testament:
Probate: After death, the will typically goes through probate court in Georgia to validate it and oversee the distribution of assets.
Purpose: To direct the distribution of the testator’s property after death.
Executor: The person named to carry out the instructions in the will.
Witnesses: Georgia law requires the will to be signed in the presence of at least two competent witnesses.
Validity: The will must be signed by the testator and the witnesses, and the testator must be at least 14 years of age. of sound mind, and have testamentary capacity.
Revocation: The testator can revoke or update the will at any time before death.
Georgia Will Age Requirements
Age Requirements: Every individual 14 years of age or older may make a will, unless laboring under some legal disability arising either from a want of capacity or a want of perfect liberty of action. 1
Will Signing Requirements
Will Signing Requirements: The will shall be in writing and shall be signed by the testator or by some other individual in the testator’s presence and at the testator’s express direction. A testator may sign by mark or by any name that is intended to authenticate the instrument as the testator’s will. 2
Georgia Will Witness Requirements
Will Witnessing Requirements: Two or more competent witnesses must witness the signing of the will. A witness to a will may attest by mark. If a witness is also a beneficiary under the will, the witness shall be competent, but the testamentary gift to the witness shall be void unless there are at least two other witnesses to the will who are not beneficiaries under the will.
Georgia Self-Proved Wills
Georgia allows self-proved wills. The testator and witnesses must sign the will in the presence of a notary, and the notary must affix his or her official seal.
Revoking a Georgia Will
A Georgia will can be revoked by creating a subsequent will, by executing a codicil, or by the testator destroying the will. A revoked will may be republished by a written document executed by the testator and subscribed and attested by witnesses with the same formality required for a
Summary of Georgia Will Requirements
Anyone 14 years of age or older can write and sign a will in Georgia. The will should be witnessed by two people. The will is not considered invalid if the witnesses are named as beneficiaries in the will. If the will is notarized, it is considered to be self-proved.
Example of a Georgia Will
