How To Make a Will in Georgia

Step-By-Step Guide for creating a Last Will and Testament In Georgia

Introduction: What is a Will?

Your will is an important legal document that specifies how your possessions and property will be managed and distributed after your death. It allows you to make key decisions, such as naming guardians to care for your minor children, ensuring their well-being. Without a will, Georgia’s laws will determine how your estate is handled, which might not align with your preferences.

Creating a will gives you control over these important choices, providing security for your loved ones and peace of mind for yourself. With a will, you decide how to distribute your assets, assign guardians, and manage other crucial aspects of your estate, leaving nothing to chance.

Laws for Creating a Will in Georgia

When making a will in Georgia, you must adhere to specific legal requirements. Failing to meet these criteria could result in your will being invalid, causing complications during probate. Below are the key legal requirements for creating a Will in Georgia:

You must be at least 14 years old. However for many online Will platforms, you need to be at least 18 years old.

You must be of sound mind.
This means you understand the extent of your assets, the act of creating a will, and the people you want to include as beneficiaries.

Your Will must be in written document. Oral Wills are not recognized under state law.

The Will must be signed by the testator (person making the Will), and must be signed by two competent witnesses who are present at the same time the testator signs.

Holographic (handwritten but unsigned) wills are NOT valid in Georgia. For a handwritten Will to be valid, it must comply with all formal requirements, including witness signatures.

Notarization is not required to make a Will valid in Georgia. However, a Will can be made “self-proving” by including a notarized affidavit from the testator and witnesses.

By following Georgia’s will laws, you can ensure your estate is distributed according to your wishes. If your will doesn’t meet these legal requirements, it could be contested or ruled invalid, leaving your estate’s distribution up to the court.

Step-by-Step:
How to Draft Your Will in Georgia

1. Choose an Executor

Your executor carries out the instructions in your will. Their responsibilities include managing your estate, distributing assets to beneficiaries, settling outstanding debts, and ensuring all legal requirements are followed during probate.

If you have children under 18 (or plan to in the future), naming a guardian in your will ensures their care and upbringing reflect your wishes. The guardian you choose will make important decisions regarding their education, healthcare, and overall well-being.

It’s also wise to appoint a backup executor. A backup ensures that someone is ready to step in if your primary choice is unable or unwilling to fulfill their duties.

2. Appoint a Guardian for Minor Children

If you have children under 18 (or plan to in the future), it’s essential to name a guardian in your will. By doing so, you ensure their care and upbringing will align with your wishes. The guardian you appoint will make key decisions about their education, healthcare, and overall well-being.

Designating a guardian is not legally required, but it is highly recommended. Without a named guardian, a court determines who will take care of your children, and their decision might not align with your preferences.

For additional security, consider naming a backup guardian. This provides an alternative if your primary choice cannot fulfill the role.

3. Name a Pet Carer

In Georgia, your will can specify provisions to ensure your pets receive proper care after your passing. By appointing someone to look after them and allocating resources for their needs, you provide peace of mind knowing they will be cared for according to your wishes.

Naming a pet carer is particularly important for pet owners. Without a designated person, your executor may take on this responsibility but might not fully understand or prioritize your instructions. Selecting a trusted individual ensures your pets receive the love, attention, and care they deserve.

To further safeguard your pets’ well-being, consider naming a backup carer. This creates a reliable plan if your primary choice is unable or unwilling to fulfill their role.

4. Decide who inherits your Residual Estate

Your residual estate includes assets that remain after handling specific gifts, debts, and expenses. To ensure clarity, name beneficiaries—such as family, friends, or charities—using their full legal names and specify the exact portions they should receive. Designating backup beneficiaries adds a layer of security, ensuring a contingency plan is in place if your primary choices cannot or will not accept the inheritance.

5. Gifting Specific Items

If you plan to leave particular possessions—such as family heirlooms, jewelry, real estate, vehicles, or cash—to specific individuals, detail these gifts in your will. Use clear descriptions, appraisals, or serial numbers to minimize misunderstandings or disputes. Preparing an inventory of your assets in advance helps communicate your wishes clearly and ensures all items are properly accounted for.

6. Any Additional Instructions or Provisions?

Your will can include specific instructions, such as burial preferences or directives to sell certain assets. You may choose to make gifts conditional or place them in trust until beneficiaries reach a certain age. These provisions let you tailor your will to match your unique wishes and ensure they are carried out as intended.

Review Your Will

Confirming Roles in Your Will

Before finalizing your will in Georgia, ensure that your chosen executors, guardians, and pet caregivers understand their responsibilities and agree to fulfill these roles. Taking this proactive step minimizes complications during estate administration.

Additionally, confirm with both primary and backup individuals that they are ready and available to carry out their duties if needed.

Executors

Guardians

Pet Carers

Test Your Will

Before finalizing your will, evaluate your decisions and account for potential scenarios, such as the loss of beneficiaries or unmet conditions. This process ensures your estate aligns with your intentions, even under unexpected circumstances. Scenario testing helps you visualize how changes could affect the distribution of your assets, allowing you to make choices that reflect your goals and wishes.

Signing Your Will

Signing Your Will In Front of Witnesses

Once you draft your will, the next critical step is printing and signing it. In Georgia, the signing process must meet specific legal requirements for your will to be valid.

Witness Requirements

To make your will legally valid in Georgia, you must sign it in the presence of at least two witnesses. These witnesses must:

Be at least 14 years old (it’s wise to have witnesses at least 18 years old to comply with other States).
Understand that they are witnessing the signing of your will.
Sign the will after you, affirming that they were present and that you appeared to be of sound mind during the signing process.

Self-Proving Affidavit

You can make your will “self-proving” by signing an affidavit with your witnesses in the presence of a notary. This step eliminates the need for witnesses to testify in probate court, streamlining the process. While not required for a valid will, a self-proving affidavit adds convenience.

Note: Witnesses can also serve as beneficiaries in Georgia, but this may create disputes. To avoid conflicts, it’s best to select disinterested witnesses.

Storing Your Will

Keep Your Will Safe

After you sign and witness your will, store the original document in a secure location. In Georgia, only the original signed copy is legally valid—digital copies cannot replace it. Losing or damaging your will may cause delays and complications in fulfilling your wishes.

Below are trusted options for securely storing your will:

Store at Home

Use a fireproof and waterproof safe to protect your will from potential damage. Make sure your executor knows its exact location to avoid unnecessary searches.

With an Attorney

Many estate planning attorneys offer secure storage services for original wills as part of their legal packages. These services provide professional handling and easy accessibility.

Trusted Person

Choose a reliable family member or friend to safeguard your will. Ensure they understand their responsibility to keep it accessible and secure, and confirm they can retrieve it when needed.

Reminder: Digital copies are helpful for reference but hold no legal weight. Your executor must know where to find the original signed will to avoid delays or issues.

FAQs: Making A Will in Georgia

1. What Are My Options for Making a Will in Georgia?

In Georgia, you can create a legally valid will through several methods:

Hiring a Lawyer: A lawyer is ideal for handling complex estates, trusts, minimizing estate taxes, or resolving intricate family situations. They offer customized advice and ensure compliance with Georgia’s legal requirements.
Using an Online Platform: Online platforms like Will Hero provide a convenient, affordable, and guided process to create a legally valid will. These platforms are designed to meet Georgia’s laws, making them suitable for individuals with simpler estates.
Handwritten Will (Holographic Will): Georgia does not officially recognize holographic wills as valid unless they meet the same requirements as other written wills. This includes being signed by the testator and two competent witnesses. Without witnesses, a handwritten will is likely invalid and may face challenges during probate.

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

You don’t need a lawyer to create a valid will in Georgia. For straightforward estates and clear instructions, you can write the will yourself or use an online platform like Will Hero. These tools provide an affordable and user-friendly solution to ensure your will complies with Georgia law.

However, hiring an attorney is recommended for complex estates involving trusts, tax strategies, or unique family dynamics. A lawyer can provide personalized guidance, address specific legal concerns, and ensure your will is comprehensive, compliant with Georgia law, and tailored to your circumstances.

3. Are Handwritten (Holographic) Wills Valid in Georgia?

Holographic wills are generally not valid in Georgia unless they meet the same legal requirements as other written wills. To create a valid will in Georgia, it must be in writing, signed by the testator (the person creating the will), and witnessed by at least two competent individuals present at the time of signing. Georgia law does not allow exceptions for holographic wills that lack the required witnesses.

Although handwritten wills might express the testator’s intentions, they will likely be invalid unless these legal requirements are satisfied. To avoid complications or disputes, ensure your will adheres to Georgia’s legal standards, including proper witness signatures.

4. How Much Is the Inheritance Tax in Georgia?

Georgia does not impose a state inheritance tax. However, estates may still be subject to the federal estate tax if their value exceeds the federal exemption threshold, which is currently $12.92 million per individual for 2023 (indexed for inflation annually).

It’s always a good idea to consult a tax professional or estate attorney for specific guidance related to federal estate taxes or other potential liabilities.

5. Do I Need to Notarize My Will in Georgia?

No, notarization is not required for a will to be legally valid in Georgia. However, adding a self-proving affidavit can simplify the probate process. A self-proving affidavit involves signing the will in the presence of a notary and two witnesses. This step eliminates the need for witnesses to testify in court later to confirm the will’s validity.

While not mandatory, incorporating a self-proving affidavit is strongly recommended to streamline probate and minimize potential challenges.

6. Can I Change My Will After It’s Signed?

Yes, you can modify or update your will at any time, as long as you are of sound mind. Here are two main ways to make changes:

Add a Codicil: A codicil acts as a formal amendment to your existing will. It requires signing and witnessing according to the same legal standards as the original will.
Create a New Will: Writing a new will that explicitly revokes all previous wills and codicils is another option. Destroy all old copies to avoid confusion or disputes.

7. What Happens if I die without a Will?

If you die without a valid will in Georgia, your estate will be distributed according to the state’s intestacy laws. These laws determine how your assets are divided among your surviving relatives based on their relationship to you. Here’s how it generally works:

Intestate Succession in Georgia:

Surviving Spouse and Children: If you are survived by a spouse and children, they share your estate equally. However, the spouse is entitled to at least one-third of the estate, regardless of the number of children. If you have only a spouse or only children, the estate goes entirely to the surviving spouse or children, respectively.
No Spouse or Children: If you don’t have a spouse or children, your estate goes to your next closest relatives, such as parents or siblings. If no close relatives exist, more distant relatives (like nieces, nephews, or cousins) may inherit.
No Living Relatives: If no relatives can be found, your estate “escheats” to the state of Georgia, meaning the government takes ownership of your assets.

There are additional implications if you die without a Will in Georgia:

Guardianship for Minor Children: Without a will, the court decides who will become the legal guardian of your minor children. This decision may not align with your preferences.
Probate Court Involvement: The probate court oversees the distribution of your estate, which can lead to delays, legal costs, and complications for your loved ones.

Creating a will allows you to control how your assets are distributed and who will care for your children, avoiding the default rules of intestacy.

8. What is Probate?

Probate is the legal process through which a deceased person’s estate is settled and their assets are distributed to beneficiaries or heirs. This process is overseen by the probate court in the county where the deceased resided. Probate ensures that the person’s debts are paid, taxes are settled, and assets are distributed according to their will (if one exists) or according to intestacy laws (if no will is in place).

Here’s a breakdown of the steps of probate in Georgia:

Filing the Will: If the deceased left a will, it must be filed with the probate court to begin the process. If there is no will, a family member or interested party can file a petition to begin intestate probate.
Appointing an Executor or Administrator: If there is a valid will, the executor named in the will is appointed by the court to manage the estate. If there is no will, the court appoints an administrator to handle the estate.
Inventorying Assets: The executor or administrator must compile an inventory of the deceased’s assets and determine their value. This may include real estate, bank accounts, personal property, and investments.
Paying Debts and Taxes: Outstanding debts and taxes, including estate and income taxes, must be paid from the estate’s assets.
Distributing Assets: Once debts and taxes are paid, the remaining assets are distributed to the beneficiaries named in the will or to heirs according to Georgia’s intestacy laws.
Final Accounting and Closure: The executor or administrator files a final report with the probate court, showing how the estate was managed. The court then closes the estate.

Types of Probate in Georgia:

Solemn Form Probate: A formal process that requires all heirs to be notified and provides an opportunity for them to contest the will.
Common Form Probate: A simpler process that does not require notice to heirs, but it can be contested later.
No Administration Necessary: If all heirs agree on how to distribute the estate and there are no debts, this streamlined process can be used.

When is Probate required in Georgia?
Probate is generally required if the deceased owned assets solely in their name. However, probate may not be necessary for:

Assets held in joint tenancy with rights of survivorship
Payable-on-death (POD) or transfer-on-death (TOD) accounts
Assets placed in a trust

Understanding the probate process can help ensure a smoother transition for your loved ones. Drafting a comprehensive will and considering estate planning options like trusts can reduce the complexity of probate.

9. How Long Does Probate Take?

The length of the probate process in Georgia varies depending on the complexity of the estate and whether disputes arise among heirs or creditors. In general, probate can take anywhere from a few months to over a year to complete.

For simple estates with minimal assets and no outstanding debts, the process is often straightforward and can be resolved in six to nine months. In these cases, the court ensures that the will is valid, assets are distributed to heirs, and any remaining debts are settled. However, more complex estates, such as those involving significant assets like real estate or businesses, often require additional time for appraisals, asset management, and debt resolution. These cases can take nine to eighteen months or longer to finalize, especially if federal estate taxes or significant creditor claims are involved.

The type of probate also influences the timeline. Solemn form probate, which requires notifying all heirs and allows for formal objections, tends to take longer than common form probate, which skips the notification process but leaves the estate open to disputes later. In rare cases where all heirs agree and no debts exist, the “No Administration Necessary” process may conclude probate within a few weeks.

Disputes among heirs can significantly delay probate. If the will is contested or disagreements arise over asset distribution, the process may take eighteen months or more. Court backlogs in some areas of Georgia may also extend the timeline.

To minimize delays, having a clear, legally valid will is essential. Proper estate planning tools, such as trusts, can help bypass probate for certain assets, and organizing financial records in advance can streamline the process. By addressing these factors proactively, you can help ensure that the probate process is as efficient as possible.

10. Can Probate Be Avoided?

Yes, probate can often be avoided in Georgia by taking proactive steps to transfer assets outside of the probate process. Here are the most effective strategies:

Revocable Living Trusts: By placing assets in a revocable living trust, they can pass directly to your beneficiaries without going through probate. This strategy is one of the most effective methods to avoid probate for significant assets like real estate, investments, and personal property.
Joint Ownership with Right of Survivorship: Assets held jointly with another person, such as a home or bank account, will automatically transfer to the surviving owner upon your death. This bypasses probate entirely.
Payable-on-Death (POD) Accounts: Georgia allows you to set up payable-on-death designations for bank accounts and other financial assets. Upon your passing, the funds in these accounts will transfer directly to the named beneficiary, avoiding probate.
Transfer-on-Death (TOD) Designations: While Georgia permits transfer-on-death designations for certain assets like securities, it does not currently allow TOD deeds for real estate. Be sure to consult with an estate planning professional to understand which assets qualify.
Small Estate Affidavit: For estates valued under $10,000, Georgia provides a simplified process using a small estate affidavit. This process allows certain assets to transfer without formal probate but has strict limitations compared to larger estates.

By planning ahead and using these strategies, you can minimize or completely avoid probate in Georgia. It’s important to review your options with an estate planning attorney to ensure your estate plan aligns with Georgia law and fully achieves your goals.

Ready to Start your Will?

Creating a will may seem overwhelming, but Will Hero makes the process simple and stress-free. Our platform guides you through a free, intuitive, and visual way to draft your will. It helps clarify your wishes and navigate estate planning with expert support and an AI Assistant. Scenario Testing prepares your will for different life events, ensuring it meets your needs in any situation.

At Will Hero, we’re dedicated to making will creation simple, visual, and even fun. Start today and take the first step toward safeguarding your legacy and securing peace of mind for you and your loved ones!

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