In Georgia, you have to make sure your will is valid. In accordance with the Georgia Laws, the probate court decides if a Will is legitimate. The probate court will view your will as if you had passed away intestate, or had no will, if it decides that your will is invalid.
Key Takeaways:
- Georgia has specific requirements for a will to be considered legally valid.
- Understanding these requirements can ensure your estate is managed according to your wishes after your death.
- Failure to comply with these legal standards can lead to a will being contested or declared invalid.
What are the requirements for a will to be valid in Georgia?
In Georgia, for a will to be considered valid, it must meet several statutory requirements set forth by the state law. These include the age and mental capacity of the person making the will, as well as specific conditions regarding how the will is written, signed, and witnessed.
Legal Conditions for a Valid Will
Georgia laws state that your will needs to be documented and signed. If you are present and grant them your permission, you can sign the will individually or have someone else execute it on your behalf. You may also use a mark to sign the Will if you opt to do so.
Your mark or signature must be witnessed by two persons. Witnesses cannot have a third party sign your will for them; they must personally sign your will. Whereas Georgia law dictates that witnesses must be at least 14 years old, we advise having witnesses who are at least 18 and of sound mind to ensure their reliability.
In addition, the individual drafting a will must be mindful of what the will states. The probate court might rule your will invalid if you don’t know what’s in it. Your signature certifies that you understood the contents of your Will if you can read.
Key Factors of a Valid Will in Georgia:
- Age and Capacity:
- To create a valid will in Georgia, the testator (the person making the will) must be at least 14 years old. Additionally, they must be of sound mind, understanding the nature and consequences of their decisions.
- In Writing and Signed:
- Georgia law mandates that a will must be in writing. While there is no strict requirement for the will to be typed, it should be legible. The testator must sign the will at the end or acknowledge their signature if someone else signs on their behalf, but only under their direction and in their presence.
- Witnesses:
- Two competent witnesses are required to attest to the testator’s signature. Witnesses must be at least 14 years old and should not be beneficiaries or spouses of beneficiaries in the will. Their role is to confirm that the testator willingly signed the will and was of sound mind.
- Self-Proving Affidavit:
- While not mandatory, including a self-proving affidavit can simplify the probate process. This affidavit, signed by the testator and witnesses, attests to the validity of the will without the need for the witnesses to testify in court during probate.
- Choice of Executor:
- A valid will in Georgia should appoint an executor, the person responsible for carrying out the testator’s wishes. Ensure the chosen executor is willing and capable of fulfilling this role.
- Revocation and Changes:
- A will in Georgia can be revoked or modified at any time before the testator’s death, provided the necessary legal procedures are followed. Destroying, canceling, or creating a new will are common methods of revocation.
If Your Will Is Not Valid
The probate court will treat your estate as if you passed away without a will if it finds that your will is invalid. This indicates that your beneficiaries may differ from those specified by intestate law.
The spouse will receive at least one-third of your assets if you have children and 100% if you do not, for instance, if you desire to disinherit your spouse but your Will is found to be invalid.
Your will should be aligned with the requirements specified by the Georgia state law.
Get Help Today with Hurban Law, LLC in Lawrenceville, GA
Creating a will is a fundamental step in securing the future of your assets and ensuring your wishes are honored. However, understanding the specific requirements for a valid will in Georgia is crucial. Consult with an Estate Planning Attorney with us today and we will offer you the support and guidance you need at Hurban Law.
