Understanding Georgia Wills
Discover the essentials of Georgia will planning and learn how to protect your legacy before consulting with experienced estate planning Attorney Sarah Siedentopf.
Frequently Asked Questions
Answering Your Top Legal Wills Questions
What Are The Legal Requirements For A Will In Georgia?
+For a will to be legally binding in Georgia, you must be at least 14 years old and mentally competent. The will should be written and signed by you and 2 witnesses. A notarized self-proving affidavit is advised. Meeting these criteria ensures your will’s validity and court acceptance after death. Watch Why You Shouldn’t Write Your Own Will.
Do I Need A Notary For My Will?
+While not having a notary for your will isn’t invalid, it often causes far more trouble long term. Working with an estate planning attorney and notary is much more efficient. A notarized will with a special affidavit and 2 witnesses is called a “self-proving will.” Witnesses will not be required to testify in court that the signatures are theirs. Siedentopf Law provides witnesses and/or notary at scheduled in-office visits. Learn more by watching Why You Shouldn’t Write Your Own Will.
Is A Holographic Or Handwritten Will Valid In Georgia?
+No. A handwritten will, sometimes called a holographic will, is not valid in Georgia. The state requires wills to be written, signed by the testator, and properly witnessed. Watch Is A Holographic (Handwritten) Will Valid In Georgia?
Can I Simply Name Guardians For My Children In My Will?
+Maybe. However, you should be aware of some of the risks associated with naming guardians for your children in your will including:
- Naming only one person as a guardian with no backup
- Choosing one or several guardians 5 or more years ago
- If the named guardian ever becomes disabled or incapacitated
- If your child’s guardian is not the same person in charge of your finances
Don’t make the same mistakes as other Georgia residents. Watch How Naming Guardians for Your Kids in Your Will Can Leave Them at Risk.
What does an estate planning attorney do?
+A trust or estate planning attorney helps individuals protect their interests and ensure proper estate management and distribution when necessary.
How often should I update my will?
+The best time to review your will is about every 3-5 years or after a major life event like marriage, divorce, birth, or legal adoption of a child.
Can I disinherit a family member?
+Generally, yes. Georgia law does protect spouses and minor children from complete disinheritance.
Who should I name as executor of my will?
+Choose someone trustworthy, responsible, and capable of handling financial matters. More importantly, speak to your chosen executor about including them in your will to avoid future confusion.
Can I include funeral instructions in my will?
+Yes. However, we recommend having a separate document as the will may not be read immediately after your death.
Can I change my will after it's been signed?
+Yes, you can modify your will by creating a codicil or writing a new will that revokes the old one.
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We had a wonderful experience with Siedentopf Law…They made what could have become a complicated process incredibly simple. We will definitely continue to work with them. Highly recommend!
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