Free Georgia Last Will and Testament



What is a Last Will and Testament?

Assuming it is created and executed properly by an adult of sound mind, a Georgia Last Will and Testament is a legal instrument that establishes the way your property will be managed after your death. After the testator (person who created the will) passes away, they're referred to as the decedent. The testator may also assign a guardian for their minors in the last will to ensure there's someone who can keep an eye on the children till they become adults or until they reach a particular age.

In a Georgia Final Will, the testator normally also names a personal representative-or co-personal representatives (two or more individuals acting together in this capacity) to deal with the matters of the estate. A personal representative is somebody who collects the information concerning the decedent’s debt and property, pays off any unpaid debts with the assets, and makes certain that the decedent’s property is distributed as provided in the will document, making this a job with quite a bit of responsibility. The personal agent picked is normally somebody the testator truly trusts to bring to completion their last wishes.

Any time somebody passes away with no legitimate Georgia Last Will and Testament (which in most states implies the document must be correctly witnessed, not only signed), someone will usually be chosen by the court to become the personal agent and settle the decedent’s debts, utilizing assets as needed to do so. Then, the residual assets will be dispersed among the decedent’s beneficiaries as per the legislation of the state the will maker lived in.

In several states, if one spouse dies leaving their husband or wife, that surviving spouse will inherit most of the decedent’s property in the absence of a Will stating the contrary. In other instances, the decedent might have designated a certain person to inherit a life insurance policy, retirement account, or some other asset, and this inheritor designation will ascertain who receives those assets without a Last Will and Testament.

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.

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.

Last Will Forms for Neighboring States