Free Last Will and Testament Forms

Georgia last will and testament is an essential document that lets you control what happens to your property and possessions after you die. By creating a last will and testament, you can ensure that your loved ones are taken care of and that your final wishes are carried out.

A last will and testament typically names a person or persons to serve as your executor, who will be responsible for carrying out the instructions in your will. You will also need to name beneficiaries, who will receive your property and possessions after you die.

Creating a last will and testament is a relatively simple process, but it is important to make sure that the document is prepared correctly and signed properly in order to ensure that it is valid.

In order to execute your last will and testament in Georgia, you will need to sign the document in front of two witnesses. The witnesses must be at least 18 years old and must be competent to understand the nature of their role. The witnesses cannot be beneficiaries of the will.

Once you have signed the will, the witnesses will need to sign it in your presence and in each other's presence It is not necessary to notarize a will in Georgia, but it is recommended. Once the will is signed and witnessed, it should be stored in a safe place. You should provide your executor with a copy of the will, and you should notify them of its location.

The thing to pay attention to is the fact that anybody who desires to designate exactly how their belongings will be distributed after their death should prepare and properly execute a Last Will to ensure their wishes are recognized and followed. Without having a will, you may be leaving it up to chance, the laws of the state, or a lawcourt in respect of just how your final affairs will be resolved.

How to Fill Out a Last Will and Testament in the State of Georgia

Step 1 - Tell Who You Are

First, in the center of the first page, you must declare that this is your last will and testament. You should also state your legal name, address, and date of birth.

Step 2 - Name an Executor

The next thing you will do is name someone in charge of carrying out your final wishes as stated in the will. This person is known as the executor. You can name more than one executor, but it is not required. You will also want to include an alternate executor if your first choice is unable or unwilling to serve.

Step 3 - Name Guardians for Your Children

If you have minor children, you need to name a guardian to take care of them if something happens to you. You can name more than one guardian, but it is not required. You will also want to include an alternate guardian if your first choice is unable or unwilling to serve.

Step 4 - List Your Assets and Beneficiaries

In this section, you will need to list your assets and property and the beneficiaries who will receive them. You must include real estate and personal property in this section. It is essential to be as specific as possible when listing your assets, so there is no confusion later.

Step 5 - Sign and Date the Will

Once you have completed the will, you must sign and date it before two witnesses. As we have mentioned, the witnesses must be at least 18 years old and competent in understanding their role's nature. The witnesses cannot be beneficiaries of the will.

Step 6 - Have the Will Notarized (Optional)

While it is not required, you may choose to have your will notarized. If you do, the notary public will also need to sign and date the will.

Once the will is signed and witnessed, it should be stored safely. You should provide your executor with a copy of the will and notify them of its location.

Legal Requirements for Last Will in Georgia

The Last Will and Testament is a type of record that is indeed useful for each person on the Earth. The document is imposed to state the distribution of the personal assets of the deceased person, and the main aim of the document is to clarify and claim the last will of oneself. The assets are generally distributed to beloved ones: members of the family, friends and they are referred to as Beneficiaries. In case the document is not written out, the state has the authority to determine the future destiny of all personal assets.

Moreover, in case a deceased one has not written their last will, the beneficiaries would have no ability to dispute over the decision of the court about the estate. Not to mention, the verbally expressed wishes would not be considered as well. That is why it is crucial to know the requirements of the Last Will Form.

Sometimes people mix up the Last Will with Living Will, and the documents are of different types; therefore, the requirements for each form differ as well. It is crucial to review the documents and requirements carefully before starting to complete the Last Will.

The requirements might differ from state to state, but there are also general instructions for each state of the United States. The requirements are as per the following:

  • The record should be typed or printed, and it should not be hand-written;
  • The record should be signed by the person who made the Will. Such a person is called Testator or Testatrix;
  • The document must be signed by two witnesses. The witnesses must observe the will-making process of the Testator or Testatrix and observe each other’s signature making.

    • The state-specific requirements for Georgia should be acknowledged and revised:

  • In the state of Georgia, the laws regarding the Last Will and Testament can be found in Code of Georgia; Title 53 Wills, Trusts, and Administration of Estates; Chapter 4 Wills; Article 2 Testamentary Capacity, Section 10; and, Article 3 Execution and Attestation, Sections 20 & 22;
  • According to Georgia Code § 53-4-10, anybody who has been condemned of a crime must have the ability to make a Last Will Record;
  • The record can be written by anybody who had reached the age of fourteen and who has not been proclaimed incompetent in a prior legal proceeding. The person should be in ‘sound mind’;
  • As stated in Section 53-4-20, in case the person who is writing a will cannot physically sign the document, some other party might do it (directed by the testator);
  • The document should be notarially verified. According to the law of Georgia, a Will that meets specific requirements is called ‘self proven. The Will that is self-proven may be admitted to probate court without the Witnesses' observation. To make such a ‘self-proved’ Will in Georgia, the Testator or Testatrix and Witnesses should sign a ‘self-proving affidavit.’ This implies that affidavit completion is similar to making a statement in court.

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