A will, also known as a will, is a legal document in which a person gives instructions for the distribution of their property after death. This document can also be used to appoint a guardian for minor children (children under 18 years of age). For a will to be valid in Georgia, you must meet five conditions. A will allows you to bequeath your assets to any person or organization of your choice. In order to properly perform this task, the will must determine who these beneficiaries are who receive the deceased testator`s property. Otherwise, the probate court is forced to make this decision so that the property does not remain unclaimed. When you make a will, you also choose a person who will carry out your wishes for you after your death. This person is called the “executor.” c) A codicil is drawn up by the testator and certified and signed by witnesses with the same formality as a will. In Georgia, any capable person fourteen (14) years of age or older may testify to a will.
If a witness is also a beneficiary under the will, he or she may be able to certify the authenticity of the will, but the gift to the witness is void unless there are at least two disinterested witnesses to the will. (See: Rule 53-4-23) Yes, it`s very important, because someone who isn`t healthy might make rash decisions or be forced to do something they don`t really want. We can help you with anything you need, Tyler. Call us when you`re ready to get started. In Georgia, the testator must be at least 14 years old to properly draw up a will. For many countries, this age limit is 18 years. However, Georgian law requires the person to be at least 14 years old for the will to be considered valid. Georgian law does not require the will to be notarized for it to be considered valid. The presence of the two disinterested witnesses is sufficient to consider the document valid. Although there are various exceptions and special rules, these are the standard requirements for Georgian wills. Once you have finished writing your will, have two people serve as witnesses. Witnesses must be over the age of 18 and must not be beneficiaries of your will.
It is also recommended to be notarized in Georgia. Not only must the testator be of the required age to execute the will, but he must also have a so-called testamentary capacity, which means that the testator must be of sound mind. In order to prove the will itself, the testator and witnesses will sign in the presence of a notary, who also signs that the people who signed the will are the people they claim to be. This is a simple step that makes the probate process more efficient and streamlined for the executor once the testator dies. When you start your estate planning, you won`t fall victim to common misconceptions about what constitutes a valid will and estate plan. If you do not meet your document requirements, you, your wishes and your family may not be protected. Call Peach State Wills and Trusts at (678) 344-5342 to plan ahead. For the will to be valid in Georgia, it must be duly attested – this means that two competent persons aged at least 14 years must sign the legal document in the presence of the testator.
(Georgian Code § 53-4-20 b) and § 53-4-22 (a)). Holograph wills, i.e. wills written but not signed by two witnesses, are not valid in Georgia. Some parts of your will may be automatically revoked if: Although a will is not required by law, without a will, state laws (called inheritance laws) determine the distribution of assets in an estate. However, the result according to these rules may not coincide with the wishes of the deceased (the deceased), which means that it is usually advisable to draw up a will. There is no specific format that makes a will legal in Georgia. However, a will must be drawn up and signed by: not only must witnesses be present when the will is signed by the testator, but they must also sign their name on the document. According to Georgian legislation, if the deceased leaves behind a spouse and children, the estate is divided into equal shares, except that the spouse receives at least one third of the total amount.
If the deceased has not left a spouse or children, the property goes to the parents of the deceased if he lives, if not to the brothers and sisters if he lives, and successively in accordance with the law. Georgian law treats the Old Testament in two ways. First, if you have an old will, you can cancel it by creating a new one. A will usually contains a statement that it revokes (annuls) all previous wills. Second, a will can be annulled simply by physically destroying it. Georgia Code § 53-4-43 – 53-4-44. Common sense usually means that you are aware of your actions when you write the will. Specifically, this means that when making a will, you understand that you are making a will, the type of property you own and to whom you bequeath your property. Even a person with dementia or Alzheimer`s can be considered healthy if they are clear at the time of signing.